The general rule in New York is that people who are injured at work must file a workers' compensation claim specially designed for workers instead of filing a personal injury report. Although this rule applies only in some cases of construction damages, there are some exceptions if important provisions of the state Labor Code are violated, which is why it is so important to have a labor attorney in New York who can advise you and protect your rights in a completely transparent manner.Since in some cases you may be able to receive compensation that is greater than the benefits you would receive from workers' compensation, it is very important that you consult with an attorney experienced in personal injuries or who specializes in construction accidents and, mainly, who is well versed in New York laws. If you find yourself in a similar situation and do not know how to proceed legally, you should contact the Conexión Legal team as soon as possible by calling us at 1800 201 1220 or by writing to us through WhatsApp so that we can provide you with the best free consultation, and in your case help you obtain the highest possible compensation for your work claim.
What Do the Laws Say About Work Claims?
There are three important provisions found in New York labor laws that allow construction workers to file a lawsuit against general contractors, business owners, and others responsible for injuries at construction sites. These provisions include Article 200, Article 240, and Article 241 of the Labor Code.
Article 200 of the Labor Code
This article establishes broadly that all premises must be constructed, equipped, arranged, operated, and maintained in a manner that provides reasonable and adequate protection to the life, health, and safety of all persons employed or lawfully present at those places. All machinery, equipment, and devices found at those places must be placed, handled, protected, and operated in a manner that provides reasonable and adequate protection to all such persons.
Since this provision applies to construction sites, it imposes on the construction industry a reasonably safe environment for all visitors and employees at the workplace. This includes protection of machinery, lighting of the work environment, and implementation of reasonable measures to ensure that employees or visitors are not harmed.
The Article 240 of the Labor Code establishes that all contractors, owners, and their agents who are required to supply or cause to be supplied or hoisted scaffolds, elevators, shores, ladders, slings, hooks, blocks, pulleys, straps, iron pieces, ropes, and other devices must be constructed, installed, and operated in a manner that provides adequate protection to a person who has been employed in this manner".
In essence, this law states that anyone who employs people to work at heights and uses scaffolds, ladders, or other related devices must be responsible for ensuring that the scaffold or device is safe. An exception is owners of single-family and two-family homes if they do not have direct control of the work being performed, but otherwise, the responsibility rests with all contractors or property owners to ensure that anyone working at heights is protected.
This law makes clear that it is the responsibility of owners or contractors to provide safety equipment and protections, such as harnesses, barricades, and safety railings. It also requires that scaffolds have the capacity to support four times the weight they are actually expected to support.
Article 240 imposes strict liability on contractors and property owners. This means that regardless of what the worker does, accidents involving the fall of a ladder, scaffold, or height, or accidents in which something falls from a scaffold and strikes a construction worker may be considered the fault of the employer or other responsible parties, and you may be held liable.
As you may have noticed, just as there are the laws we explained in previous paragraphs, there are many others that adapt to the field in which you work, so having the guidance and support of a labor attorney in New York will be very helpful to you.
Contact the Conexión Legal team immediately and let us provide you with the best free consultation on your work claim and, in this way, help you obtain the highest possible compensation for your labor claim.
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