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Who Is Responsible After a New York Construction Site Accident


Under New York labor laws, construction workers receive special protections to keep them safe on the worksite. New York construction site safety laws give specific instructions to landowners and general contractors regarding steps they must take to keep the construction site safe for all workers on site, even workers that are employed by a subcontractor. These laws also give construction workers the right to take legal action against the general contractor and/or landowner after a construction site injury, even if they are not employed by the general contractor or landowner. Understanding construction site liability is crucial to pursuing an injury lawsuit for your construction accident.

Construction Site Safety Requirements

The New York labor laws that protect construction site workers include:

New York Labor Law Section 200

 All construction industry employers must provide a “reasonably safe environment” for employees and anyone else legally present on the job site. Specifically, Section 200 instructs construction industry employers to properly maintain, light, operate, and guard all machinery and other construction equipment on the site.

New York Labor Law Section 240 (“The Scaffolding Law”)

The scaffolding law places strict liability upon the shoulders of the construction companies, property owners and general contractors for injuries sustained by a worker at an elevated height. This includes scaffolds, ladders, roofs, sidewalk sheds or any other elevated work area posing a risk of a gravity related accident. The NYC scaffolding regulations specify the types of safety measures and guards that must be provided to all workers who work at heights. General contractors and property owners are strictly liable for these types of injuries, even though they did not employ the worker and they remain strictly liable whether or not they were even present on the site and did not control or supervise the work being performed. Property owners are rarely present on construction sites, but nevertheless, they are strictly liable for these types of injuries and accidents, under NY Labor Law 240.

New York Labor Law Section 241 (“Safe Place to Work Law”)

This law, in conjunction with the Industrial Code of New York, specifies the safety protections that must be in place (delete at ground level) on construction sites. Again, making sure these safety precautions are implemented is the responsibility of the not only the construction company, but also the property owner, and general contractors. The law defines how sites of construction or demolition must be “constructed, shored, equipped, guarded, arranged, operated and conducted.” These laws have specific instructions to keep construction site workers safe from drowning and water accidents, chemical hazards, air contaminants, and slipping and tripping hazards.

Contact Our Construction Site Accident Lawyers in New York

The Pryor Law Firm has served the New York City area for two decades, including representing construction workers injured seriously injured on the job site. Firm founder Kenneth A. Pryor is a member in the prestigious Million Dollar Advocates Forum. Mr. Pryor is an experienced trial lawyer who teaches trial skills as an adjunct law school professor. Our firm can provide the knowledgeable and experienced legal representation you need after a construction site injury.

The Pryor Law Firm maintains offices in Manhattan, Brooklyn and Nassau County. We handle personal injury cases exclusively on a contingency fee basis (meaning you pay no fee unless we recover compensation for you) and we can visit you or your loved one at home or at a hospital if travel is too difficult. To contact us for confidential legal advice regarding representation after a serious construction site accident, submit our online contact form or call (855) 889-5311.

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