New York Injury Attorneys Blog

New York construction accident lawyers often see injuries on construction sites involving personal injuries caused by unsafe work practices during demolition. Unfortunately for the injured New York worker, not all demolition work is covered by New York labor laws.

For purposes of Labor Law 241, demolition is defined by 12 NYCRR § 23-1.4(b)(16) as the work incidental to or associated with the total or partial dismantling or razing of a building or other structure including the removing or dismantling of machinery or other equipment. Therefore to be covered by New York's Labor Law, the injured demolition worker must have been engaged in demolishing a structure. In a recent decision, the New York Courts held that dismantling a vehicle, whether a boat, a car or otherwise, unrelated to any other project, is not the sort of demolition intended to be covered by the New York Labor Law.

New York construction workers engaged in demolition often suffer serious personal injuries and even wrongful death when they are hit by falling debris. Our New York construction accident lawyers have often used the New York Labor Law 241 to successfully represent injured construction workers. New York lawyers who represent injured demolition workers must be familiar with the New York Industrial Code provisions concerning demolition. Industrial Code 12 NYCRR §§ 23-3.3(b)(3) states that parts of buildings shall not be left unguarded in such condition that such parts may fall, collapse or be weakened by wind pressure or vibration. 12 NYCRR 23-3.3(c) provides that during hand demolition operations, continuing inspections shall be made by designated persons to detect any hazards resulting from weakened or deteriorated floors or walls or from loosened material, and mandates protection for the New York demolition worker against these hazards by shoring, bracing or other effective means.

Section 23-1.7 (a) (1) of the Industrial Code also requires that every place where persons are required to work or pass that is normally exposed to falling material or objects shall be provided with suitable overhead protection.

New York construction accident lawyers, must therefore be aware of these demolition related regulations.

The New York Labor Law requires that construction site owners and general contractors provide devices to protect construction workers from a fall while performing construction at a height. The Labor Law is often called the Ladder Law or the Scaffold Law. Our New York construction accident lawyers have won numerous cases on behalf of injured construction workers who had construction accidents because there were no safety lines, safety belts, harnesses or yo-yos in order to tie off lifelines, stanchions ior safety cables in the accident area.

New York construction accident lawyers who represent injured construction workers, under the ladder law have been recently been facing claims that the injured worker's actions were the only cause of the construction accident. New York injury lawyers who handle construction accident cases call this the "blame the victim defense".

Recently the New York Courts have held that liability under Labor Law 240 (the New York ladder law) does not attach when the safety devices that plaintiff alleges were absent were readily available at the work site, albeit not in the immediate vicinity of the accident, and plaintiff knew he was expected to use them but for no good reason chose not to do so, causing an accident. In such cases, the New York Courts have held that the plaintiff's own negligence is the sole proximate cause of his injury. Recently the New York Court of Appeals gave New York construction lawyers a new weapon in the fight for the injured construction worker. The Court of Appeals tightened the standards for this defense by holding that a foreman's testimony that safety devices were available for use at the project site, and that the injured construction worker violated a standing order to use certain equipment. The Court found the affidavit was insufficient to defeat an injured construction workers case were the foreman did not prove that the injured construction worker had actually been told had been told to use such safety devices. While the foreman referred to a "standing order" issued to the project foremen, directing workers to "have a harness on and be tied off," he could not say whether the order had been conveyed to the construction workers. Thus, New York construction lawyers must hold these defendants to these heightened standards to protect our injured construction worker clients.

Construction Accident lawyers in New York City must be familiar with the unique challenges that face accident victims who sustain personal injury and even wrongful death because of a structural collapse. These catastrophic failures often cause serious personal injuries to construction workers because of the fault of contractors who cut corners.

Collapses are often seen during demolition, excavation and new construction. In New York, Labor Law 241(6) is often invoked to protect the injured construction worker. New York construction accident lawyers must be careful not to only rely upon Labor Law 240, since many cases have held that where the collapse is due to a vertical or lateral causes (shoring/bracing) as opposed to horizontal (falling) issue, there is no Labor Law 240 violation. Although Labor Law 240 usually applies where the ladder, scaffold, plank or other device which is supporting the construction worker collapses.

Collapse of structure due to unsupported foundation often involve violations of NYCRR 23-4.1 [a] which requires that whenever any excavation is to be performed in the vicinity of buildings, structures or utilities, the integrity, stability and structural adequacy of such buildings, structures or utilities shall be maintained at all times by the use of underpinning, sheet piling, bracing or other equivalent means to prevent damage to or failure of foundations, walls, supports or utility facilities and to prevent injury to any person. The regulation also requires that the underpinning, sheet piling and bracing be inspected at least once each day or more often if conditions warrant by an experienced, designated person.

This regulation is aimed at protecting against collapses associated with a loss of stability created by the excavation and is sufficient to establish a Labor Law 241(6) violation.

Additionally with new construction, Labor Law 200 will often provide a remedy, where structural supports are not properly supported or secured, thereby causing a collapse of a wall or ceiling. .

As a New York construction accident attorney who has represented numerous New York marine construction workers, including dock builders who sustain injuries, I am thoroughly familiar with the Labor Laws that protect New York construction workers. In recent years, the New York waterfront has undergone extensive marine construction with renovation projects along the westside and east sides of Manhattan. There has also been extensive waterfront construction along Brooklyn and the Bronx water front. New York construction accident attorneys must be familiar with industry standards which are relevant to the marine construction industry to pursue Labor Law 200 construction accidnet cases. Although OSHA regulations dont support Labor Law 241 cases, they can establish Labor Law 200 cases under dangerous condition or work practice issues. Below is a brief summary of the appliable OSHA regulations concerning marine construction workers who work on work planks, float stages:

29 CFR 1910.28(u)(1) "Float or ship scaffolds." Float or ship scaffolds shall support not more than three men and a few light tools, such as those needed for riveting, bolting, and welding.

29 CFR 1910.28 (u)(2) The platform shall be not less than 3 feet wide and 6 feet long, made of three-quarter-inch plywood, equivalent to American Plywood Association Grade B-B, Group I, Exterior.

29 CFR 1910.28 (u)(3) Under the platform, there shall be two supporting bearers made from 2- x 4-inch, or 1- x 10-inch rough, selected lumber, or better. They shall be free
of knots or other flaws and project 6 inches beyond the platform on both sides. The ends of the platform shall extend about 6 inches beyond the outer edges of the bearers. Each bearer shall be securely fastened to the platform.

29 CFR 1910.28(u)(4) An edging of wood not less than 3/4 x 1 1/2 inches, or equivalent, shall be placed around all sides of the platform to prevent tools from rolling off.

29 CFR 1910.28(u)(5) Supporting ropes shall be 1-inch diameter manila rope or equivalent, free from deterioration, chemical damage, flaws, or other imperfections. Rope connections shall be such that the platform cannot shift or slip. If two ropes are used with each float, each of the two supporting ropes shall be hitched around one end of a bearer and pass under the platforms to the other end of the bearer where it is hitched again, leaving sufficient rope at each end for the supporting ties.

29 CFR 1910.28 (u)(6) Each workman shall be protected by a safety lifebelt attached to a lifeline. The lifeline shall be securely attached to substantial members of the structure (not scaffold), or to securely rigged lines, which will safely suspend the workman in case of a fall.

Construction accident victims should not just assume that they are responsible for their personal injuries. Most New York construction accidents involve violations of the New York Labor Law. Under the New York Labor Laws, the general contractor and owner of a construction site are responsible for violations of the labor law. New York personal injury lawyers who represent construction workers who suffer personal injuries and wrongful death, must be familiar with the details of the Labor Law.

Often the question becomes who is an owner.Labor Law § 240 requires all contractors and owners and their agents to give proper protection to a persons employed on construction sites. The term owner under Labor Law § 240 has not been limited to titleholders but has been held to encompass any person or company who has an interest in the property and who fulfilled the role of owner by contracting to have work performed.

Another common defense is the claim by the contractor that they are not responsible because the owner hired the subcontractor. Labor Law § 240 requires that all contractors and owners shall undertake certain measures to protect the individuals employed in the construction work. It doesn't matter whether the general contractor directly hired the sub-contractor or whether the owner hired the sub-contractor because the general contractor is required to provide proper protection to persons employed on the site, so long as the general contractor retains the right to control and direct aspects of the work.

As an experienced New York construction accident lawyer, I have represented hundreds of injured construction workers who fell from ladders or scaffolds in the New York City Metropolitan Area, including Manhattan, Bronx, Brooklyn, Queens, Manhattan and Westchester including White Plains, Yonkers, Port Chester, New Rochelle and Ossining.

In a recent trend of cases, the Courts have been permitting general contractors and construction site owners to argue that they are not responsible for not having safety equipment such as good ladders planks, scaffolds and life lines available because they injured construction worker was the sole cause of the accident.

These arguments take a number of forms, and New York construction accident lawyers must be ever vigilant to argue against these blame the injured New York construction worker defenses. Among the common arguments are i) that the injured construction worker misused a device, ii) that the injured construction worker disobeyed some instructions or that the ladder or scaffold was adequate.

New York construction accident lawyers must carefully research these issues and be careful not to allow your case make bad law. Construction accident lawyers in New York must remember that Labor Law § 240 is not merely a negligence action, and the Labor Laws impose a greater burden on the defendants, because the public policy of protecting workers requires that the statutes in question be construed liberally to afford the appropriate protections to the worker. It is clearly established law in New York that a construction worker who has sustained a personal injury from a fall from a scaffold or ladder cannot be the sole cause of his accident where he followed the directions of his immediate supervisor. Thus the argument that the construction worker disobeyed some general directive is not sufficient to overcome a strong New York labor law 240 case based on a broken or inadequate ladder or scaffold.

Additionally,in a Labor Law § 240 to establish the recalcitrant worker defense, the construction site owner and contractor must establish that plaintiff had adequate safety devices available; that he knew both that they were available and that he was expected to use them; that he chose for no good reason not to do so; and that had he not made that choice he would not have been injured. New York construction lawyers must make sure that Courts continue to strictly enforce these standards, which will prevent the dismissal of lawsuits by injured construction workers.

As an experienced New York workplace accident lawyer, I have represented numerous painters who were injured because of a fall from a ladder or scaffold. Painters in New York are covered by Labor Law 240, which is usually utilized for construction workers in New York. However, the Courts have held that painters are covered under this law, regardless of whehter they were involved in construction. As the New York Courts have routinely said, New York's Labor Law 240 protects painters in New York and it does not matter whether the painting was related to a construction project.

Unfortunately painters in New York often work at dangerous heights with defective, old and broken ladders. These painters are forced to take tremendous risks with their own safety to get the job done. Painters who fall from broken ladders are entitled to sue the property owner (except for one and two family homes) and may recover money for their pain, suffering, lost wages and medical costs.

New York's Labor Law 240 requires that painters be provided with safe means to do their job. A broken or defective ladder establishes a violation of labor law 240 and it does not matter whether the painter was partially at fault. The Courts have held that a device (ladder, scaffold, plank) is insufficient as a matter of law where it fails to perform its function of supporting the workers and their materials.

New York construction accidents often involve violations of Labor Law 241. Labor Law 241 is one of the most effective weapons for New York construction accident lawyers who represent those who suffer personal injuries and death in New York construction accidents.

More and more often New York construction accident lawyers are confronting the argument by general contractors that they did not excercise control of the site but subbed everything out, so they are not responsible.

All New York construction accident lawyers must be vigilent in attacking these claims. All too often, Judges are not well versed in this area of law and it is up to the New York construction accident lawyer to adequately explain the law to the New York Judiciary so that injured construction workers do not become the victims of bad law.

Under Labor Law 200, control is a factor, but under Labor Law 241, the duties are not delegable by the general contractor. All that is necessary to establish liability is that the defendant had the right to exercise control, and not whether they actually exercised that control. An entity who had the authority to hire subcontractors has the requisite authority to exercise and is responsible to prevent violations of Labor Law 241 and to prevent construction accidents in New York.

All New York personal injury lawyers who represent those who suffer personal injury victims who suffer construction accident injuries in New York must confront and dispel these attempts to weaken Labor Law 241.

Michael Joseph, is a New York construction accident lawyer who has handled construction accidents in the New York metro area including Manhattan, Bronx, Brooklyn, Queens, Long Island, Westchester, (including White Plains, New Rochelle, Yonkers, Port Chester and Mamaroneck) and Rockland.

As a New York construction accident attorney, I have handled hundreds of Labor Law cases for clients injured in construction accidents. Most attorneys who handle construction accidents, have had to deal with the new trend of the Courts blaming the Plaintiff for the accident in Labor Law 240 cases.

Even though Labor Law 240 was intended to make owners of construction sites and general contractors responsible for safe ladders and equipment on construction sites, the New York Courts have been dismissing cases of injured construction workers who did not seek out safety equipment on the construction site. Starting with the Blake decision, the New York Courts have thrown out cases of injured construction workers who were not provided with safe equipment or were provided with inadequate safety devices because the construction worker did not use safe equipment that was somewhere else on the site. This absurd application of the law ignores the realities of New York construction sites. The Courts have
even thrown out cases where equipment was on site, but belonged to another contractor.

The New York courts have held that there is no Labor Law liability where the safety devices that plaintiff alleges were absent were readily available at the work site, albeit not in the immediate vicinity of the accident, and plaintiff knew he was expected to use them but for no good reason chose not to do so, causing an accident. Most New York construction accident lawyers who represent construction workers with job site injuries believe that the New York courts have seriously misunderstood the law.

However, in a recent decision, the New York Court of Appeals limited the scope of this defense which has cheated injured New York construction workers out of their rightful recoveries. In Gallagher v. New York Post, the defendants tried to have the injured construction worker's case dismissed because the project manager testified that safety devices were available for use at the project site. The defendants tried to have the injured construction workers case dismissed, even though the construction accident occurred because the injured worker was not provided with a safety harness or lifeline, nor were any stanchions or safety cables in the accident area at the time of the accident.

In Gallagher, the Court of Appeals held that since the construction site owner did not prove that the injured construction worker knew where to find the safety devices that they argue were readily available, that he was expected to use them or the the injured construction worker had been told to use such safety devices. The Court of Appeals granted summary judgment to the injured worker (held the construction site owner responsible).

This decision is a significant weapon for New York construction accident attorneys. New York construction accident attorneys now have a more fair playing ground in these motions. The Gallaher decision will limit the ability of defendants to cheat New York construction workers out their recoveries and all New York construction accident attorneys should carefully read this decision.

As a New York construction accident lawyer, I am familiar with the various Labor Laws that apply to accidents which cause personal injury on New York construction sites. For slip and fall or trip and fall accidents, Labor Law 241 is most often used. But Labor Law 200 is often overlooked.

Labor Law 200 requires landowners on construction site to provide workers with a reasonably safe place to work. An owner of real property has a duty to maintain the property in a reasonably safe condition, even while it is under construction. The Courts have recognized that landowners of construction sites in New York are required to correct dangerous conditions on construction sites.

While Labor Law 200 requires the owner to exercise control over the manner of the work where it is alleged that a dangerous method of work caused the personal injury. Labor Law 200 has two standards for determining a property owner's liability. The first is the authority to supervise the work when a plaintiff's injury arises out of defects or dangers in the methods or materials of the work. The second standard is applicable to worker injuries arising out of the condition of the property rather than the methods or manner of the work. However, control over the work is not required under Labor Law 200 based on a dangerous condition.

Under section 200, if a worker slips or trips and falls on a dangerous condition, for example, a slippery substance, unstable boards, or materials in the walkway, the landowner is liable if they knew or should have known about the condition and failed to remedy it. Stated differently, an owner of a construction site is responsbile when the owner created the dangerous condition causing an injury or when the owner failed to remedy a dangerous or defective condition of which he had actual or constructive notice.

New York construction accident lawyers who represent construction workers who sustain personal injuries should alternatively plead Labor Law 200 violations. Michael Joseph is a New York and Westchester construction accident attorney who has represented workers who sustain personal injury all over New York and Westchester, including the Bronx, Brooklyn, Queens, Manhattan, Yonkers, White Plains, New Rochelle, Ossining, Mamaroneck, Bronxville, Scarsdale and Hartsdale.

If you were injured in a construction accident, call the New York construction accident lawyers today.

As a New York construction accident lawyer, I have represented workers injured in construction accidents all over New York City including the Bronx, Brooklyn, Manhattan and Queens. The laws which protect New York construction workers were enacted by the New York legislature to place the responsibility for construction accidents on the general contractor and owner of the New York construction site.

Ironically, with the current economy dampening the amount of construction in New York City and White Plains the conditions which predispose construction sites to construction accidents have increased because owners and contractors are cutting corners to save money. Unfortunately when these construction project managers and owners cut costs, construction site safety is often the first thing cut. This often results in construction injuries caused by violations of New York's labor laws.

As a New York City construction lawyer, I have seen countless preventable injuries on construction sites, which have caused serious personal injuries and even fatalities. If you were injured on a construction site in Manhattan, Queens, Brooklyn, the Bronx or Staten Island, then New York's labor laws apply and you need to consult with an experienced New York construction accident lawyer.

Michael Joseph is a Westchester construction accident lawyer who has handled numerous construction accident cases in Yonkers, New York. I have noticed that in Yonkers, alot of home owners are doing construction projects to turn their homes into investment homes.

Michael recently obtained a half a million dollar settlement for an injured worker who fell from a make shift scaffold in Yonkers. As this trend continues, we will expect to see more construction accidents in Yonkers.

Unfortunately since these Yonkers construction sites are often not run like commercial sites, safety is being ignored and jobs are being done in a quick and careless manner. Michael Joseph is a Westchester construction accident lawyer who is based in White Plains and stands ready to fight for those injured in Yonkers construction accidents.

If you were injured in a Yonkers construction accident, you need a Westchester construction accident attorney to aggressively represent you.

Michael Joseph has handled numerous construction accidents for undocumented workers. Michael Joseph has obtained fantastic results for these undocumented workers.

As a Westchester construction accident attorney, I am seeing more and more construction accidents involving undocumented workers. Many employers attempt to avoid their responsibilities to their injured workers by either promising to take care of them or have them deported.

The Workers Compensation laws protect undocumented workers regardless of their immigration status. Employers are required to report all injuries which require which require medical treatment. Also they are required to provide the injured employee with their workers compensation information.

If employers do not have workers compensation, the injured employee can sue them. Also New York Courts have permitted undocumented or illegal aliens to sue the land owners and general contractors for labor law violations. The New York Court of Appeals has held that undocumented workers can sue for their injuries. The only reason that immigration status can be introduced is for earning potential.

If you were undocumented and injured, do not be afraid to sue for your injuries. Michael Joseph is a White Plains construction accident lawyer who has represented undocumented immigrants involved in accidents in Yonkers, Mamaroneck, White Plains, Port Chester and Ossining.

As a New York personal injury attorney who handles construction accidents in Westchester, more and more single family homes are being used for investment. When this happens and a worker is injured while renovating the property the single family homeowner exemption does not apply.

Labor Law § 240 states in pertinent part that all contractors and owners, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, repairing, altering, of a building or structure shall furnish or erect, or cause to be furnished or erected scaffolding, ladders, slings, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed. Likewise, Labor Law § 241(6) applies to all contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work.

A defendant is only entitled to the one or two family home owner exemption where it is clear that the property is used solely as a one-or two-family dwelling. Krukowski v. Steffensen, 194 A.D.2d 179 (N.Y.A.D. 3 Dep't 1993). However, an owner of a one or two family dwelling, who does not occupy the property themself but holds it solely for commercial gain, is not entitled to the one or two family dwelling exemption and is strictly liable under Labor Law §§ 240 and 241. Van Amerogen v. Donnini, 78 N.Y.2d 880 (1991).

When considering the issue of commercial use, the relevant focus is upon the objective use to which the dwelling is put, not upon how the use is characterized from the owner's perspective. Pigott v. Church of the Holy Infancy, 179 A.D.2d 161 (N.Y.A.D. 3 Dep't 1992). The law is clear that a court must look to the use to which a defendant has put the property. Morelock v. Danbrod Realty Corp., 203 A.D.2d 733 (N.Y.A.D. 3 Dep't 1994). Zahoransky v. Lissow, 2006 NY Slip Op 52190U (Niagra Sup. 2006).

Westchester construction accident lawyers must throughly investigate the use to which any single family home is being put when analyzing a potential claim of an injured worker.

Michael Joseph, is a New York Personal Injury Lawyer who has extensive experience in representing people injured in construction accidents. As a New York construction accident attorney, Michael Joseph recently won a trial holding a landowner and general contractor one hundred percent responsible for an excavation accident. Following the verdict, there was a two million dollar settlement, plus all future medical bills.

Prior to trial, the defendants appealed a decision of the Westchester Supreme Court which held that the New York Labor Laws which govern construction did not cover a landscaper working on a construction site, who was injured in an excavator accident. Michael Joseph successfully argued the case before the Second Department of the New York Supreme Court.

The Appellate Court held that Labor Law § 241 imposes a nondelegable duty on owners and contractors to comply in connection with construction, demolition or excavation on a construction site, he was covered under the Labor Law and the defendants could be held responsible for our client's injuries.

The result we obtained debunks the myth that Plaintiffs undocumented aliens in Westchester cannot win.