New York Injury Attorneys Blog

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.