In order to avoid New York construction site accidents, contractors must follow a strict set of rules. These rules cover labor laws, safety procedures, and limitations of liability. It is also essential to know who is liable for injuries and losses incurred by workers. These rules are outlined in NY Labor Law 241.
However, if you are injured in a New York construction site accident, one of the first people you should discuss the matter with is a construction accident lawyer. A legal professional can help guide you through the steps to take after an accident, especially if you are injured.
Labor Law
New York State has enacted a number of general statutes that regulate the safety and health of construction workers. These statutes apply to building owners, contractors, and employers and lay out the basic rules for a safe workplace. For example, the New York State Labor Law (SSSS 200) sets forth rules for contractors to provide certain safety devices.
Construction site accidents in New York are commonplace, and may give rise to workers’ compensation claims or personal injury lawsuits. These accidents may occur at any site, including demolition and renovation projects, business and home repair, road and highway construction, and new building construction. Regardless of the type of construction project, the rules governing construction workers in New York are designed to protect the interests of workers and their families.
Safety precautions
In New York, construction workers face one of the highest rates of construction site accidents. According to a report by Crain’s New York Business, there were nearly 5,000 construction-related fatalities in 2018. The number of construction-related injuries has increased more than twenty-fold since 2008. In New York, workers are exposed to the risk of serious physical and mental injuries every day. There are several ways to protect yourself and others.
As a rule, construction site safety is the responsibility of both the property owner and the construction company. The law specifies the measures needed to protect construction workers from harm. It also includes instructions for workers on the jobsite. The goal is to keep the worksite clean and safe, and to reduce accidents that could happen.
Limitations of liability
In New York, a person can be held liable for construction site accidents if their employer fails to provide adequate safety measures or uses the wrong type of equipment. This is known as strict liability. The law also applies to accidents that occur due to gravity or a violation of Labor Law 240. Even if the victim was not negligent, the owner of the property is still liable for damages.
While an accident at a construction site can leave anyone injured, it is essential that injured individuals take steps to seek compensation. Depending on the type of accident, a person can file a lawsuit within a certain timeframe. In New York, the statute of limitations is three years after the date of the accident, while family members of deceased workers can file a lawsuit within two years of the date of death.
Reporting
Reporting construction site accidents can help protect the public from potential dangers and protect construction workers from serious injuries. In the City of New York, you can file a safety complaint through the Department of Buildings. When you file a safety complaint, you can expect the government agency to investigate the situation and take appropriate steps to address the problem.
The Department of Buildings website reports that 34 construction-related accidents occur each month. However, many more occur without being reported to the agency. These accidents can be especially dangerous for undocumented workers. They can lead to serious injury or even death. The most common cause of construction-related deaths is worker falling on the job.
Documentation
When it comes to a construction site accident, the more evidence you have, the stronger your claim. Documentation can include photos of the accident scene, names of witnesses, and types of equipment used in the accident. A skilled New York construction accident attorney will have no problem assembling all of this evidence for you.
New York construction site safety laws require that construction sites are designed and maintained in a way that protects workers. Many of these laws are specifically aimed at preventing dangerous situations, such as elevated hazards and confined spaces. The law also requires that any sharp projections be covered, including nails or debris.
Falling objects are another common danger for construction workers. Despite OSHA’s requirements that employers follow a safe work environment and provide proper safety training, some construction employers ignore these laws and fail to ensure their employees’ safety. A fall from an elevated height from a scaffolding or other structure can kill a worker. Other hazards can also be overlooked, such as loose pieces of metal or other materials.