Labor Law 240 Attorneys in New York City

How Our NYC Construction Accident Lawyers Can Help You

If you have been injured in a construction accident in New York City, you may be entitled to compensation under NY's Labor Law 240. This law, also referred to as the Scaffold Law, is designed to protect workers and ensure they have a means of financial recovery in the event of a serious accident. At Schotter Millican, LLP, we understand the challenges you are facing and are here to fight for the full, fair compensation you are owed.

For a free, confidential consultation, call our firm at (718) 550-0610. We serve clients throughout New York City and the entire state.

What Is Labor Law 240?

Labor Law 240 is a New York law that holds property owners and contractors strictly liable for injuries workers sustain in falls from heights or falling object accidents. This means that, regardless of who was at fault for a construction accident, a worker can file a claim to recover compensation for their injuries.

Under Labor Law 240, workers who are injured in scaffolding accidents, ladder accidents, and other types of falls can seek compensation for their injuries. The law is designed to protect workers and ensure they have a means of financial recovery when they are seriously injured in a fall accident.

Understanding Your Rights as a Construction Worker

As a construction worker in New York, it's crucial to be aware of your rights under Labor Law 240 and other related regulations. Many workers are unaware of the protections afforded to them, which can lead to missed opportunities for compensation in the event of an accident. At Schotter Millican, LLP, we believe that knowledge is power, and we are committed to educating our clients about their rights.

Here are some key points every construction worker should know:

• Right to a Safe Work Environment: Employers are legally obligated to provide a safe working environment, including proper safety equipment and training.
• Right to Report Unsafe Conditions: Workers have the right to report unsafe conditions without fear of retaliation. This is essential for maintaining workplace safety.
• Right to Compensation: If injured due to unsafe conditions or negligence, you have the right to seek compensation for medical expenses, lost wages, and pain and suffering.
• Legal Assistance: You are entitled to consult with an attorney specializing in labor law to understand your options and rights fully.

Being informed about your rights can make a significant difference in your ability to navigate the complexities of construction accident claims. If you have questions or need assistance, don't hesitate to reach out to our experienced team at Schotter Millican, LLP. We’re here to help you every step of the way.

What Is Considered a Fall Accident Under the Scaffold Law?

In New York, the Scaffold Law is not only applicable to construction workers who fall from heights. It is also applicable to workers who are injured by falling objects.

Some common examples of fall accidents that may be covered under Labor Law 240 include:

• Falling from a ladder: Ladders are commonly used on construction sites, and many workers are injured when they fall from a ladder.
• Scaffolding accidents: Construction workers are often required to work on scaffolding high above the ground. When scaffolding is defective or improperly assembled, workers can fall and sustain severe injuries.
• Falling from a roof: Workers who are required to work on roofs may be at risk of falling to the ground below.
• Falling through a skylight: When a skylight is improperly covered or not covered at all, construction workers are at risk of falling through the skylight and suffering severe injuries.
• Falling from a crane: Construction workers who are required to work on cranes are at risk of falling from the crane and sustaining serious injuries.
• Being struck by falling objects: Construction sites are often filled with debris and other objects. When these objects are not properly secured, they can fall and seriously injure workers.

What Are the Requirements Under Labor Law 240?

Labor Law 240 holds contractors and property owners strictly liable for injuries construction workers sustain in falls. In order to have a valid case under the Scaffold Law, you must be able to prove that you are considered a "covered worker" and that the safety devices required under the law were not provided or were defective.

Under Labor Law 240, covered workers include:

• Construction workers
• Construction site managers
• Construction site owners
• Architects
• Engineers

If you are a covered worker and you were injured in a fall accident, you may be entitled to compensation under the Scaffold Law. However, you will need to be able to prove that the required safety devices were not provided or were defective.

The safety devices that must be provided under Labor Law 240 include:

• Properly secured harnesses
• Sturdy scaffolding
• Properly secured ladders
• Properly secured hoists
• Properly secured pulleys
• Properly secured slings
• Other safety equipment and devices

If any of these safety devices were not provided or were not in proper working order, you may have a valid Labor Law 240 claim.

Who Is Liable Under the Scaffold Law?

In a Labor Law 240 claim, you can seek compensation from the liable party or parties. Depending on the specifics of your case, this may be the property owner, the general contractor, the construction manager, or another party. In some cases, multiple parties can be held liable.

It is important to note that you can only pursue a claim under the Scaffold Law if you are considered a "covered worker." However, if you are not a covered worker, you may still be able to recover compensation for your injuries. A lawyer can review your case and help you understand your legal options.

What Compensation Can Be Recovered Under Labor Law 240?

If you are eligible to file a claim under Labor Law 240, you may be able to recover compensation for both economic and non-economic damages.

Some of the damages you may be able to recover include:

• Medical expenses
• Lost wages
• Lost earning capacity
• Pain and suffering
• Emotional distress
• Disability
• Disfigurement
• And more

The specific amount of compensation you may be entitled to will depend on the facts of your case, including the extent of your injuries and the impact they will have on your life.

Why You Need a Labor Law 240 Attorney

Recovering compensation under Labor Law 240 is not always easy. These claims are highly complex and often involve multiple parties. Insurance companies are generally not eager to pay out large settlements, and they will try to take advantage of you if you do not have an attorney on your side.

At Schotter Millican, LLP, our NYC construction accident lawyers are experienced, skilled, and aggressive. We have a proven track record of success, and we know what it takes to win these types of cases. We can help you navigate the legal process and fight for the maximum compensation you are owed.

Frequently Asked Questions (FAQ)

1. What is Labor Law 240, also known as the Scaffold Law?

Labor Law 240 is a New York statute designed to protect construction workers from falls and falling objects. It holds property owners and contractors strictly liable for injuries sustained due to inadequate safety measures in scenarios involving height. This means that, regardless of fault, workers injured in such accidents can seek compensation.

2. Who is considered a "covered worker" under Labor Law 240?

Covered workers include:

• Construction workers
• Construction site managers
• Construction site owners
• Architects
• Engineers

If you fall into one of these categories and sustain an injury from a fall or falling object while working on a construction site, you may have a valid claim under Labor Law 240.

3. What types of accidents are covered under Labor Law 240?

Labor Law 240 covers various types of accidents, including:

• Falls from ladders or scaffolding
• Falling from roofs
• Falling through unprotected skylights
• Falling from cranes
• Injuries from being struck by falling objects

4. What are the requirements to file a claim under Labor Law 240?

To file a claim under Labor Law 240, you must demonstrate that:

• You are a covered worker.
• You suffered injuries due to a fall or from falling objects.
• Required safety devices (like scaffolding, harnesses, or ladders) were either not provided or defective.

5. Who can be held liable in a Labor Law 240 claim?

Liable parties may include:

• Property owners
• General contractors
• Construction managers
• Subcontractors

Depending on the circumstances of your case, multiple parties may be held responsible for your injuries.

6. What kind of compensation can I receive under Labor Law 240?

If your claim is successful, you may be entitled to compensation for:

• Medical expenses
• Lost wages and earning capacity
• Pain and suffering
• Emotional distress
• Disability and disfigurement

The amount of compensation depends on the specifics of your case and the severity of your injuries.

7. How long do I have to file a Labor Law 240 claim?

Generally, you should file your claim as soon as possible after the accident. While New York has a statute of limitations for personal injury cases of three years, it’s crucial to act quickly to preserve your rights and gather evidence.

Discuss Your Case with Our Team Today

If you were injured in a construction accident in New York City, contact Schotter Millican, LLP right away. Our NYC construction accident lawyers can help you understand your rights and options under Labor Law 240. We offer free initial consultations, and we do not collect any fees unless we win your case.

Call us at (718) 550-0610 or submit an online contact form to get started with your complimentary case evaluation. Se habla español.