This is when you need the advice and guidance of a legal professional to ensure that your rights are protected. It is up to the injured party to prove that the law was violated and that the violation contributed to the injury. Suffering an accident is not enough to hold contractors and owners responsible under the scaffold law. And workers’ compensation takes away the victim’s right to hold the at-fault party liable, leaving the possibility that others may suffer from their negligence in the future. Unfortunately, worker’s compensation is often not sufficient to compensate for the injuries or even fatality of a fall. Workers’ CompensationĪn on-the-job injury will entitle workers to collect workers’ compensation benefits. If a worker can prove that he or she was working “in furtherance of” a project where the statute applied, the worker may still be covered under the scaffold law. It can actually cover a broader range of workers as long as they can demonstrate that they were an integral and necessary part of the activity. If the owner or contractor did not provide these safety measures or if they were improperly placed or operated and a construction worker was injured while engaged in one of these tasks, the scaffolding law will apply.īut the statute is not limited to these specific construction workers alone. Furthermore, these devices must be constructed, placed, and operated properly to protect the worker. While engaged in these jobs, an owner or contractor is required to ensure the safety of these workers by providing certain safety devices such as scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, or other devices. People covered by the scaffold law include construction workers engaging in the following activities: The scaffold law applies to seven job categories. No other state has this kind of stringent law in place protecting safety of the worker. Consequently, they cannot place blame on another party such as a subcontractor or even the worker. The New York scaffold law is unique in that it places absolute liability on owners and contractors whether they had any direct supervision or control over the work at the time of the injury or not. If the owner, contractor, or agent is not in compliance and a worker suffers an injury, that worker has the right to sue those parties for damages. The scaffold law makes owners and contractors responsible for ensuring the safety of any workers who must perform jobs where there are gravity-related dangers and the risk of falling. And the State of New York has taken the safety of construction workers very seriously by instating labor laws such as New York Statute 240(1), otherwise known as New York’s “scaffold law.” If you are not sure if the scaffold law applies to you, or if you’ve been hurt on the job, call top-rated NY construction accident attorney Keetick Sanchez today. This exception shall not diminish or extinguish any liability of professional engineers or architects or landscape architects arising under the common law or any other provision of law.The construction industry is the most dangerous industry in the United States today with falls being the leading cause of death in on-the-job accidents. No liability pursuant to this subdivision for the failure to provide protection to a person so employed shall be imposed on professional engineers as provided for in article one hundred forty-five of the education law, architects as provided for in article one hundred forty-seven of such law or landscape architects as provided for in article one hundred forty-eight of such law who do not direct or control the work for activities other than planning and design. 1. All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.
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