New York Injury Attorneys Blog

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. .