New York Labor Law 200 Attorney in Buffalo, Ny
Unfortunately, accidents often occur on construction sites and other work
places in Buffalo and other parts of Western New York, severely injuring
or killing workers through no fault of their own. Thankfully, New York
Labor Law provides protection to workers under sections 200,
240 and 241. New York Labor Law 200 places a duty on owners and contractors
to provide a safe “place to work”.
Owners and/or contractors must ensure the workplace is constructed, equipped,
arranged, operated and conducted in a manner that provides reasonable
and adequate protection to the health and safety of all workers and other
people lawfully on the construction site or workplace.
Labor Law 200 also requires that all machinery, equipment, and devices
be placed, operated, guarded, and lighted to provide reasonable and adequate
protection to those same workers and individuals on the construction site
or workplace. This requirement can also include tools and other “appliances”
that are necessary to make the workplace function properly for its intended purpose.
If you or a loved one has been injured in a fall while on the job, call
the New York labor law attorneys at Richmond Vona, LLC. We offer free
initial consultations and will fight to ensure your rights are protected.
Call today at
(716) 300-5885.
How Does NY Labor Law 200 Protect Workers?
There are many locations that constitute a “place to work”
under Labor Law 200, for which owners and/or contractors must provide
health and safety protection. What is considered a “place to work”
has changed and expanded over the years of litigation, but generally the
determination is analyzed based on the facts involving the work being
performed and the events surrounding the work.
To hold owners and/or contractors responsible for not providing a safe
place to work, the injured party must prove that the owner(s) and/or contractor(s)
had actual or constructive “notice” of the dangerous condition
which caused the accident and injuries, and that they did not warn the
injured worker of the condition(s).
Actual Notice
Actual notice means that the owner(s) and/or contractor(s) were directly
or specifically aware of the dangerous condition prior to the accident
and injuries. This may be proven through evidence of prior written complaints,
photographs and/or testimony in the case establishing the prior knowledge
of the dangerous condition that caused the injury.
Constructive Notice
Constructive notice means the owner(s) and/or contractor(s) could or should
have known about the dangerous condition if they took reasonable steps
to make inspections to detect dangerous conditions on the property. An
owner and/or contractor does not have a duty to warn workers about conditions,
including defects, risks or dangers, that are easily observable by the
use of the worker’s senses; taking into account the age, intelligence
and experience of the worker.
How a Skilled New York Labor Law 200 Attorney Can Help
Any claim made by an injured worker under the various New York Labor Law
provisions will be legally complex and extremely fact specific. This is
why It is imperative to call an experienced New York Labor Law attorney
as soon as possible following your construction or workplace injury, so
a prompt and thorough investigation can be conducted.
At
Richmond Vona, LLC, our New York Labor Law attorneys work tirelessly to properly investigate
your construction site Labor Law injury claims, and work hard to get you
and your family the financial compensation you deserve. Call us at (716) 300-5885
to schedule a consultation today.