How Does NY Labor Law 240 Protect Workers?
For Labor Law 240 to apply, the accident must occur through the force or application of gravity on an object that causes an injury to the worker. Generally, this is from a worker falling from a height or a falling object striking and injuring the worker. However, there are many variations which have been established through numerous legal cases over the decades the law has existed.
In addition, the injured worker must be performing one of the “covered activities” listed below on a building or structure, and the owner or contractor failed to provide one or more of the “legally required safety devices” listed below to the worker prior to his or her injury.
Covered Activities:
- Erection
- Demolition
- Repairing
- Altering
- Painting
- Cleaning
- Pointing
Legally Required Saftety Devices:
- Scaffolding
- Hoists
- Stays
- Ladders
- Slings
- Hangers
- Blocks
- Pulleys
- Braces
- Irons
- Ropes
- Other Devices
How a Skilled New York Labor Law Attorney Can Help
Just as there are many considerations under the law concerning what constitutes a fall from a height or what a falling object is, there are even more variations on what type of work being performed satisfies the law as one of the “Covered Activities” above. If the injured worker meets the legal criteria under Labor Law 240, their claim is nearly indefensible by the owner(s) and/or contractor(s). This means, outside of a few defenses, the owner(s) and/or contractor(s) may be absolutely liable for the workers injuries, which can include pain and suffering, emotional distress, lost wages, loss of household services and medical expenses.This is why it is imperative to call an experienced New York Labor Law attorney as soon as possible following your construction site 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 injury claim and work hard to get you and your family the financial compensation you deserve.
