Construction workers face some of the most dangerous working conditions in the country. The dangers they face are potentially severe. Often times, the use of heavy equipment and powerful machines on scaffolding and ladders can lead to a serious workplace injury or even an accidental death to construction workers. The dangers associated with a ladder accident and scaffolding accident prompted the state of New York to enact Labor Law Section 240 and 241 to protect construction workers.
It is important to hire an attorney who is well versed in this unique area of personal injury law. Contact Seth I. Katz of the Katz Law Offices, to learn more about filing a claim following a scaffolding accident. We help construction workers and their families obtain the monetary compensation they need to cope with falling accidents.
Section 240 and 241
This law, unique to New York, provides injured workers a remedy against owners of property, contractors, and other responsible parties. It also imposes a non-delegable duty on these parties to ensure that construction sites, and in particular sites with scaffolding, are reasonably safe. The purpose of this law is to protect construction workers who engage in a necessary, but inherently dangerous, occupation.
Section 240 and 241 are different from a normal personal injury lawsuit. They impose strict liability on responsible parties on a construction site. Strict liability means that you do not have to prove fault on the part of responsible parties on a construction site. As long as a worker suffered serious injuries or death because of a scaffolding accident or ladder accident, responsible parties are liable for your injuries. This theory of recovery serves as an incentive for these parties to make sure construction sites are relatively safe from fall injuries.
Causes of a Scaffolding Accident
People who work from heights understand the risks involved. That is why Section 240 imposes such stringent duties on responsible parties. In order to ensure workers' safety, the law forces people to take extra safety precautions.
Some of the typical causes of scaffolding and ladder accidents include:
- Faulty equipment
- Scaffolding that was improperly constructed
- Equipment that was negligently maintained
- Faulty scaffolding planking and supports
- Negligent work site supervision
Types of Hazards Encountered
Any person that has worked on a ladder understands the risks associated with this type of work. The elevated height increases the risks of serious or even fatal injury. Especially, on busy construction sites, workers face a vast number of work related hazards, including:
- The risk of electrocution from overhead power lines
- Injuries caused by a fall down from scaffolding lacking safety protection
- Collapses of scaffolding and ladders
- Tools and other types of debris falling from elevated places
- Injuries caused by slippery and poorly maintained work surfaces
For more information about filing a Section 240 claim after a ladder accident or scaffolding accident, contact experienced lawyer Seth I. Katz of the Katz Law Offices for a free initial consultation. Our firm represents injured workers throughout New York City (NYC), including people in Manhattan, Staten Island, Brooklyn, Queens, and the Bronx.
