Historically, New York State has provided special protections for people who are involved in the construction trade. Our labor law has two specific sections that are very important to us as attorneys and individuals who work in construction
The first is labor law, section 240 subsection 1.Essentially, the statute says is that if you fall from a height by working in construction or if you are hit by an object that falls from height then the owner of the property and/or general contractor or some other company that may be involved in control of the area are absolutely responsible for the injury sustained by the construction worker.
In addition, we have labor law 241, subsection 6. Labor law 241, subsection 6 relies upon the regulations in New York State to determine whether an owner or general contractor is responsible. Essentially in those cases what we do is we take a look at how the individual was injured if it wasn’t from a height. And we’d look to see if they were injured as a result of a violation of a New York state regulation protecting workers.
If that is the case then the worker again can be compensated and will be compensated for their injuries but what we often do in those cases is that we hire experts in the construction to come in and take a look at the scenario in which the individual was injured to determine whether he was injured as a result of violation of one of the codes, one of the regulations and at that point compensation for our clients is then essentially mandated by our system.