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The Construction Worker

January 1, 2018

With the construction boom throughout the city, there are many workers engaged in the construction or renovation of new buildings.  As a construction worker, there are certain rights you have--regardless of your immigration status.  

 

In understanding the great risks that construction workers were exposed to while at work in the 19th century, the legislature created the New York State Labor Laws.  The legislature squarely placed the duty of providing workers with a safe place to work and to protect the workers from hazards presented by gravity related risks, such as working on a scaffold, on the Owners or General Contractors of the construction project.

 

These laws are often referred to as the New York State Labor Laws, Section §200, §240 and §241(6).

 

When workers are injured due to violations of labor law sections 200, 240, or 241, they may be entitled to recover damages regardless of who was responsible for the accident.

  • Section 200 - This part of the labor law requires owners and contractors to take reasonable care to protect workers and provide safe workplaces that are fully under their control. If a worker is seriously injured due to an unsafe workplace, they will likely be entitled to compensation.

  • Section 240 - This is a statute that protects the rights of workers injured in high falls or after being struck by a falling object. It is also known as the scaffold law, and under this law, parties such as the general contractor, project owner, project manager, and building owner may all be held responsible.

  • Section 241 - This law delineates specific actions that must be carried out on a job site, and specific equipment that must be provided, all in the name of safety. If these actions or equipment are neglected by those in charge, an injured worker will have a strong chance of recovering full damages after their accident.

In addition, if you are injured while working on the job, you may be eligible for workers compensation benefits and have - what is called- a third party claim.

 

If you have any questions, please contact Avanzino & Moreno, P.C. for a free consultation to determine whether you have a labor law claim.

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