New York Injury Attorneys Blog

Workers Compensation Law § 11 states in pertinent part that the liability of an employer
shall be exclusive and in place of any other liability whatsoever, to such employee on account of such injury or liability arising therefrom, except that if an employer fails to secure the payment of compensation for his injured employees, an injured employee, may, at his option, elect to claim compensation under this chapter, or to maintain an action in the courts for damages on account of such injury.

WCL § 110 (1) states in pertinent part that an employer shall record any injury incurred by one of its employees in the course of employment using the form prescribed for reporting injuries, a copy of which shall be provided to the injured employee. WCL § 110 (2) states in pertinent part that an employer shall file with the chair of the workers' compensation board and with the carrier if the employer is insured, a report of any accident resulting in personal injury which has caused or will cause a loss of time from regular duties of one day beyond the working day or which has required or will require medical treatment beyond ordinary first aid. WCL 110 (4) states that an employer who refuses or neglects to make a report or to keep records as required by this section shall be guilty of a misdemeanor. W.C.L. § 52 states in pertinent part that the failure to secure the payment of compensation for five or less employees within a twelve month period shall constitute a misdemeanor and the failure to secure the payment of compensation for more than five employees within a twelve month period shall constitute a class E felony. The Courts have recognized that one of the purposes of the law is to assist in assuring payment of any and every award to an injured employee. These construction companies who do not carry workers compensation insurance or refuse to provide the insurance information to the injured employee have engaged in criminal activity by having workers perform construction, an inherently dangerous occupation, in New York without having New York Workers Compensation coverage Additionally, it would subvert the public policies of the workers compensation laws to permit the defendant to assert a defense based upon workers compensation, which he failed to provide.
Where an injured worker has had to bear the hardships of an uninsured work accident with serious injuries it is fundamentally unfair and prejudicial to allow the defendant to assert the defense of an exclusive remedy.

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.