But according to the websit, www.scaffoldlaw.org and the Lawsuit Reform Alliance of New York, the Scaffold Safety Law burdens all New Yorkers because the law generates an astounding number of expensive lawsuits that contribute to a variety of negative impacts—higher construction costs, fewer workers being hired (or even fired) and consumers paying higher prices for goods and services. Consulting with a construction accident lawyer who is knowledgeable and well-versed in the complexities associated with New York State Labor Law will ensure your rights are protected. However, Section 240, the Scaffolding Law, is very specific and courts tend to be stricter when it comes to interpreting this law. Erecting buildings and erections of safety measures (braces, hoists, ladders, and pulleys). State and federal legislators, business lobbying groups and chambers have been trying to reform the Scaffold Law for years to no avail. New York Labor Law 240. Many opponents have called for reforms because no other state has an equivalent law; they also believe that it raises construction costs for New York. Section 240 of New York State Labor Law, the “Scaffolding Law”, protects the rights of construction workers who suffer a fall or are struck by a falling object. Fortunately, New York construction workers, including independent contractors, have strong legal protection to recoup for their injuries. New York long ago adopted a scaffolding law design to protect construction workers and others from certain unsafe work conditions, including those associated with scaffolding and construction. If officials discover a dangerous situation, notice is placed to warn all workers and visitors of the danger. The owners and contractors must give proper protection to workers who do specific work that is named in the statue. 45 Broadway, Suite 2430 Scaffolding and other devices for use of employees on Westlaw Scaffolding and other devices for use of employees on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . What Medical Questions can an Employer ask During Covid-19? NYC’s Scaffold Safety Law ensures that contractors must provide their workers with proper safety equipment while doing work at high elevations. What is the “Scaffold Law?” The Scaffold Law (NYS Labor Law sections 240/241) imposes “absolute liability” for elevation-related injuries on contractors and property owners engaged in construction, repair, or demolition work. Dismantle this law: New York’s Scaffold Law diminishes affordable housing supply by driving up the cost of construction NY Daily News | 26d You’ve heard the warnings from voices throughout the city, including on these pages: With the COVID pandemic having throttled entire industries and devastated incomes, millions of New Yorkers are way behind on their rents. Section 241 directly addresses how floors are constructed during the building progresses and the materials to be used, along with elevators and any type of hoisting apparatus. Generally, this means that the mere act of failing to provide the scaffolding and the other safety equipment that meets the standards of the Labor Laws is typically enough for a worker to be compensated for their damages. They have the knowledge and expertise to protect you and your loved ones. New York’s Scaffold Law is the only law of this kind in the country that holds construction site owners and general contractors absolutely liable for scaffold accidents which result in injuries to construction workers. This legal requirement mandates construction owners and contractors to provide scaffolding and other safety measures to protect workers. Property owners and contractors must provide scaffolding and other safety measures to protect workers and visitors, including scaffolding, hoists, ladders, slings, hangers, pulleys, and ropes. These conditions are the most dangerous in construction work. And so we reintroduce you to one giant, concrete obstacle: New York’s Scaffold Law. This also means that the construction site owner can’t transfer blame for the accident to a foreman or to the worker. New York’s Labor Law § 240 - “The Scaffold Law” L O S S C O N T R O L A L E R T As a property owner, tenant, or contractor, you may be liable for injuries to employees of contractors that you hire. This includes: The law is also very explicit in that it relates only to construction, and excludes activities related to maintenance, manufacturing, or decorative work on a structure. This law may be seen at New York Labor Law Section 240; New York Code – Section 240: Scaffolding and other … The work must take place on a structure, legally defined as a building but can also include boats, bridges, garages, subway tunnels, and water towers. If you’re naming some of the most dangerous areas of work, then construction work is usually near the top of the list. It provides coverage where other laws do not. The crisis is caused by the so-called “Scaffold Law,” an archaic construction liability law that only exists in New York. 250 Park Avenue, 7th Floor They can help you sort out the complexities of the law. Article 1. © O'Dwyer & Bernstien, LLP. The Scaffold Safety Law states that when a worker doesn’t get all the necessary safety equipment, and then gets injured as a result, their employer is completely responsible. The NY Scaffold Law, also known as Labor Law 240/241 provides protection for construction workers and pedestrians against falling debris, falls from heights and other gravity related injuries at unsafe construction sites. These laws provide protection for injuries or fatalities occurring at commercial worksites which includes: preparation, demolition, repairs, or alterations. Section 200 also provides protection for visitors and indicates the job site must have adequate lighting and guardrails. Under this section of New York State Labor Law, owners and contractors must take reasonable steps to provide adequate safety provisions for their workers. This legal requirement mandates construction owners and contractors to provide scaffolding and other safety measures to protect workers. It is structured to ensure construction company owners and contractors take reasonable steps to give workers a safe working environment. While New York Labor Law 200 and 241 allow for a broader legal interpretation when filing a personal injury claim, courts require a stricter interpretation of Labor Law 240. You can read more about scaffolding accidents from our Scaffolding Accident Prevention Guide. Scaffold or staging more than twenty feet from the ground or floor, swung or suspended from an overhead support or erected with stationary supports, except Scaffold wholly within the interior of a building and covering the entire floor space of any room therein, shall have a safety rail of suitable material properly attached, bolted, braced or otherwise secured, rising at least thirty-four inches above … Our law makes New York State the least attractive building environment on Earth. Fortunately, there are laws in place that help to protect construction workers and give them certain rights. This law is unique to New York … Scaffold Law Updates National Association Of Minority Contractors, NY Tri-State Chapter Calls On Gov. All rights reserved. In 2017, the U.S. Bureau of Labor Statistics (BLS) reported 20 workers died in New York City from construction-related accidents. New York State designates laws to provide specific protection to workers who are injured on construction worksites. It’s important to understand the differences in these three sections of the New York State Labor Law. 250 Park Avenue, 7th Floor By submitting this form I agree with the Terms & Conditionsand Privacy Policy of the website. The reasoning for this is because Section 240 allows for injured parties to recover more than they would be allowed to under common law or workers’ compensation. Detailed safety requirements pertaining to scaffold maintenance, inspections and worker precautions and protection are also outlined in this Code. These statistics are discouraging, especially when you consider The New York City Buildings Department reports there have been 287 construction-related injuries and five fatalities in the five boroughs during the first six months of 2019. Essentially, the law holds that general contractors and property owners are 100% liable for any gravity-related (falling) accident in which they are at least somewhat at fault. Together they are known as New York’s Labor Laws. Section 240 also excludes owners of one and two-family dwellings who do not control the work being performed from responsibility, unless they took direct oversight of a project. If you’ve experienced an accident while working at an elevated height and you think that the scaffold law may apply to your situation, then you should not delay talking to an experienced personal injury attorney. In the event an accident has occurred, an attorney can examine the situation and determine if the injury is covered under Section 240. Short Title: Definitions; Article 2. Expand sections by using the arrow icons. “The experienced attorneys at O’Dwyer & Bernstien have been fighting for the rights of New York Construction Accident Workers for over 100 years! What Is The Average Car Accident Settlement In New York? Fill out the form below and we will get back to you as soon as possible to discuss your legal options. It’s no secret construction is one of the most dangerous fields to work in, but what might be less known is workers in New York have specific legal protection under specific sections of the state’s labor law. New York, NY, 10177 Cuomo To Fix Costly Scaffold Law December 7, 2020 Dismantle This Law: New York’s Scaffold Law Diminishes Affordable Housing Supply by Driving up the Cost of Construction For instance, under Section 240, a worker must have been working on a structure that is legally defined as a building. Section 240 of New York State Labor Law, the “Scaffolding Law”, protects the rights of construction workers who suffer a fall or are struck by a falling object. NY Scaffold Law (Labor Law 200, 240, 241), By submitting this form I agree with the Terms & Conditions, Most Common Fatal Construction Accidents in New York City. The Scaffold Law in New York. The New York State legislature probably realized that it could not repeal Newton’s law, but it did enact the “Scaffold Law” (New York State Labor Law §240) to protect workers against the dangers of gravity while they are on the job. The Department of Labor estimates that over half of the construction industry works on scaffolds, which means close to 2.3 million workers. This is FindLaw's hosted version of New York Consolidated Laws, Labor Law. New York, NY, 10177, © document.write(new Date().getFullYear()) MOWK Law | Phone: 212.920.6695 | Fax: 917.382.3934 The Occupational Safety and Health Administration (OSHA), a federal agency that mandates safety requirements and tracks worker injuries and deaths across the U.S., reports the “fatal four” accidents in the U.S. construction industry include: According to OSHA, these injuries account for 20.7% of all worker fatalities across all industries in the nation. The Scaffold law (NY Labor Law Section 240) was enacted in New York in 1885, to protect workers from unsafe conditions. New York Labor Law 200 protects the rights of both workers and any visitors to the job site. Cancel. New York State Labor Law sections 240/241, known as the Scaffold Law, holds contractors and property owners engaged in construction, repair or demolition work 100% liable for gravity-related injuries despite any gross negligence on the part of injured workers, such as failure to use proper safety equipment, Insurance Journal has reported. If you, or a loved one, were injured under any of the negligent conditions set by these three New York State Labor Law mandates, you can file both an injury claim and for workers’ compensation. Fax: 212-863-9230. According to this section of New York State Labor Law, it is the general duty of owners and contractors to make certain all equipment, machinery, and devices are positioned, operated, and guarded in a secure manner. This means that when the owner/contractor doesn’t give the worker all the necessary safety equipment that they’re entitled to and the worker gets injured as a result, then their employer is held completely responsible. To learn more call 212-571-7100 today for a free consultation.”, Sources:https://www.bls.gov/regions/new-york-new-jersey/news-release/fatalworkinjuries_newyorkcity.htmhttps://www.osha.gov/oshstats/commonstats.html. The Scaffold Law has been an effective protection for workers for over 130 years and should remain so in New York State. Placement of this notice means any equipment, machinery, or devices are prohibited from use until the problem is corrected and the notice is removed. In New York, a violation of the Scaffold Law occurs where a scaffold is inadequate in and of itself to protect workers against the elevation-related hazards encountered while dismantling that device, and it is the only safety devise supplied, as indicated in Labor Law § 240. However, the definition of a building is broad because it includes other types of structures, such as bridges, boats, subway tunnels, and garages. If you or someone you love were injured in a scaffolding-related accident, you deserve justice for the pain and suffering from your injury. The Scaffold Law imposes “absolute liability” upon contractors and property owners for elevation-related injuries involving construction, repair, or demolition work. Even when acting with extreme caution and using appropriate safety measures, there’s always potential for an accident that can cause injuries or even fatalities. These scaffold workers risk serious injury or even death every day at their jobs. “Any worker sustaining an injury at a New York construction site should consult with an attorney to determine if the accident is covered under Sections 200, 240, or 241 of New York State Labor Law.”, Brian O’Dwyer, Construction Accident Lawyer – O’Dwyer & Bernstien. It was enacted into law in 1885 and predates more than 135 years of laws and protections which ensure worker safety on construction sites. Section 241 specifically refers to construction situations involving demolition, excavation, and safety equipment. New York Labor Law Sections 240 and 241, the “Scaffolding Law” protects the rights of construction workers or visitors who suffer a fall or are struck by a falling object. According to New York Labor Law’s Section 240, owners and contractors are required “to give proper protection to a person so employed” when their work contributes to the “erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure.” Some of the provisions established by the law to protect workers include: New York is … Suspended Scaffold Required Notification The Department must be notified 24 to 48 hours before the use or installation of c-hooks and outrigger beams (BC 3314.1.1). 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