Construction Accidents

Each year thousands of construction workers are injured or killed in construction site accidents. Although construction companies are required under the law to inspect each site with safety engineers and implement a wide variety of safety measures, construction workers face a greater risk of work-related injury or fatality than employees in any other U.S. industry. New York laws recognize the inherent risks of construction work and provide protection to construction workers involved in work site related accidents.

A construction worker involved in a work related accident in addition to a workers’ compensation claim may have a third party law suit against the general contractor and/or owner of the construction site pursuant to Sections 200, 240 and 241(6) of the New York Labor Law.

Section 200 of the New York State Labor Law codifies a common law obligation of reasonable care in the maintenance of the work site. Labor Law Section 240, also known as the “Scaffold Law” makes both the owner of the property and the contractor on site strictly liable for workers injured as a result of inadequate or missing safety equipment at elevated work sites. Section 241(6) of the New York State Labor Law imposes a duty upon the general contractor and/or owner to comply with all provisions of the New York State Industrial Code. Architects, subcontractors and manufacturers of equipment may also be held responsible for inadequate safety provisions.