Because construction workers work in an industry with very high accident rates many workers are entitled to benefit from special statutes such as state labor laws, which often make owners and contractors responsible for injuries. Construction and demolition workers are entitled to recover damages caused by a violation of New York Labor Law sections 200, 240(1) and 246(6). Under section 240, if the equipment required by that law is not provided, or fails, there is strict liability against both the owner of the property, and the contractor(s) on the job site, and you are entitled to compensatory damages caused by the violation even if your own contributory negligence is a factor in the accident. The safety benefits of this statute cover all workers who are injured by an elevation related risk. It dictates that various safety devices must be installed and in good working order during the construction or demolition of any structure to protect you from falling or being struck by a falling object.
Construction workers injured while working are entitled to disability benefits (Wages and Medical Bills) under the New York State Workers' Compensation Law. Medical bills are submitted directly to the workers' compensation insurance carrier. The right to workers' compensation does not require proof of fault. In that respect, payment of these benefits and medical bills is "no-fault". If you are injured when not working, you may still be entitled to disability benefits under the New York State Disability Law.
Additionally, under New York Labor Law, Section 241, rights are provided to the construction worker against the property owner and other contractors if they fail to comply with the law. Labor Law Section 241 Subsections (1) through (5) provide for specific actions to be followed, and equipment to be provided, on the job site. And under Labor Law, Section 241, Subsection (6), owners and contractors are required to comply with various regulations adopted by the New York Department of Labor for the construction workers' protection. Finally, under Section 200, owners, architects and contractors must fulfill common law duties to protect construction workers from injury.
In many other instances, a construction worker can also sue a negligent third-party, for instance, another contractor a product manufacturer or the property owner, for damages. New York law provides construction workers with the right to recover most of the damages suffered in an accident caused by third-parties.
If you have been in a construction related accident, call us at
1 800 427-8071 so that we can advise you of your rights.
We can provide transportation to our office
- or we can come to you.