How New York’s ‘Scaffold Law’ Impacts Personal Injury Claims
I am a New York personal injury attorney who helps injury victims through the many complexities of New York State law. One of the most far-reaching pieces of legislation in New York takes the form of the so-called “Scaffold Law” couched in Labor Law Section 240. Indeed, it is one of the most important statutes shaping personal injury claims as a result of construction site accidents, more precisely, those that involve falls or falling objects.
Understanding New York’s Scaffold Law
New York’s Scaffold Law safeguards the rights of construction workers by providing absolute liability upon employers and property owners for all elevation-related injuries. In contrast to other personal injury laws, which demand that the injured prove negligence, Section 240 demands that employers and property owners ensure the safety of their workers. This includes providing proper scaffolding, hoists, stays, ladders, slings, and other devices that are so constructed, placed, and operated as to give proper protection to the workers. This is a New York-specific law that recognizes the hazardous nature of working at considerable heights and that an injury resulting from scaffold falls can be catastrophic.
Implications Of The Scaffold Law For Personal Injury Claims
New York’s Scaffold Law helps workers file personal injury claims against property owners and contractors who do not prove fault in cases of elevation-related accidents. There is thus imposed a duty in law upon such parties to see that all precautions are taken in regard to safety and that special safety standards are met by the equipment furnished.
But the law is a highly controversial one. Critics say it inflates construction and insurance costs in New York because property owners and contractors must carry massive insurance policies to hedge against potential liabilities. To supporters, though, it’s the protection needed by workers in one of the most dangerous professions.
New York’s Scaffold Law also has a significant impact on the litigation process in an injury case, as well as trial strategies. Due to the fact that proof of negligence does not have to be established, often the core of arguments can revolve around whether the appropriate safety device were provided and if the injury was exclusively related to the risk provided under the law, which means elevation.
Commonly Asked Questions Regarding New York’s Scaffold Law
What Does The Term ‘Strict Liability’ Really Mean In The Scaffold Law?
The concept of strict liability, with regard to a scaffold-related accident, may be defined as a finding in which a court would hold a defendant liable for injury without the injured party necessarily having to prove negligence. The mere occurrence of such an accident under circumstances within the scope of the law can suffice to determine liability.
Does The Scaffold Law Protect All The Laborers Present In A Construction Site?
The particular law protects laborers who have an elevation-related hazard. This would not only involve those working on a scaffold but also all the workers who might get hit by falling objects or equipment, on the condition that the object fell due to a violation of the safety provisions under the law.
What Are The Usual Injuries Covered Under The Scaffold Law?
New York’s Scaffold Law covers a range of injuries usually attributed to height-related risks on construction sites. Injuries may include but are not limited to fractures, traumatic brain injuries, spinal injuries, and even death resulting from falls or being struck by falling objects. And where the injury occurs, even as a result of a relatively minor accident involving scaffolding or another safety device, the law provides that an injured party may be entitled to seek significant damages.
Who Can Be Held Liable Under The Scaffold Law?
The liability under New York’s Scaffold Law can include property owners, contractors, and subcontractors who are in control of the work being carried out. It is designed to hold those in control of the work setting responsible for ensuring the safety of their workers, particularly when it comes to preventing elevation-related task hazards. But let me remind you that under this law, property owners, single-family house owners, or owners who do not control the work being performed will not be held liable.
How Does The Scaffold Law Apply To Subcontractors And Their Employees?
New York’s Scaffold Law protects subcontractors and employees working for subcontractors. These protections even include subcontractors having to provide necessary safety equipment and training for employees. If a subcontractor fails to do these things, the subcontractor will be liable in case of an injury. That part of the law makes the need for compliance with the law all the way from top to bottom of a construction job very important.
Can I Bring A Scaffold Law Claim If I Am An Undocumented Worker?
Yes, your immigration status has no bearing on the protection afforded to you by New York’s Scaffold Law. Undocumented workers have equal protection and benefit from filing personal injury claims just like any other workers at a construction site, provided they were injured due to a violation of safety standards. It is essential that all employees are made aware that their rights to a safe workplace are legally protected and cannot be compromised based on their citizenship or immigration status.
What Should You Do Immediately After A Scaffold Law Accident?
If you have been involved in an accident that comes within the ambit of the Scaffold Law, it is crucial that you seek immediate medical attention, no matter how minor your injury or injuries may appear to be. Also, you need to document your injuries and the sequence of events that surrounded the accident. This includes taking pictures of the scene of the accident, getting the contact details of any witnesses present, and keeping a record of all medical treatments attended. All these steps contribute to building your case when seeking legal redress.
How Much Time Do I Have To File Under The Scaffold Law?
Generally, New York has a three-year statute of limitations for filing a personal injury claim, which encompasses scaffold law claims. However, consulting a lawyer as soon as possible is required to be able to follow all the procedural requirements and fully protect your rights.
Small Firm Attention, Big Firm Resources
If you are injured in a construction-related accident and you believe your injury may fall under New York’s Scaffold Law, seek out legal counsel immediately. Contact the legal professionals at Jonna Spilbor Law today to discuss your case and to see what all of your legal options will be. With years of experience regarding New York personal injury law and a deep understanding of the Scaffold Law, our team is ready and able to help you seek justice and fair compensation. Contact our New York personal injury attorneys at Jonna Spilbor Law by calling our Poughkeepsie office at 845-485-2529 or our New York City office at 646-922-9799 to receive your free consultation. Let us help guide you through your legal rights and fight for your recovery and future.
