As construction accident attorneys, we’ve seen first hand how New York State recognizes the dangers involved with construction and renovations from working at heights. The “Scaffolding Law” is one of the ways New York has long protected its construction workers with the Labor Law.
There are common misconceptions regarding this law, so we figured we’d set the record straight, as when it comes to construction safety equipment, both employers and employees have rights and duties under the law.
What is the NYS Scaffolding Law?
Under New York Labor Law Section 240, an employer is required to provide its workers with safety equipment where risk of gravity-related injuries are likely. This not only includes job sites where work is performed at a height, but also when there is a chance for items to fall or otherwise move as a result of gravity, injuring an employee.
This unique section known as the “Scaffolding Law,” allows injured workers to bring lawsuits against the landowner and/or employer who violates this section, rendering them strictly liable should a worker suffer injuries as a result of inadequate or missing safety equipment at elevated construction work sites.
What are an employee’s duties under the Scaffolding Law?
An employer can avoid this liability by providing the necessary safety equipment and educating its employees as to the safety equipment’s use and availability. However, simply providing safety equipment does not foreclose litigation, as the adequacy of the safety equipment is often at issue.
Before this matter can be addressed, it is imperative that an employee actually uses the safety equipment provided. If an employee fails to use safety equipment, or disregards safety training, he or she may be considered a “recalcitrant worker.”
From a legal standpoint, safety equipment is there not only to protect a worker from gravity-related injuries, but also to protect an employer from potential liability. Thus, for the protection of your health and safety, and in the terrible event you are injured, to preserve your legal rights for compensation, safety equipment should always be used.
Your Construction Accident Attorneys for Albany, Saugerties & Johnstown
If you have sustained a serious injury from any type of construction accident, you may be entitled to make a claim against the property owner, general contractor, or other involved parties.
The construction accident lawyers at Maynard, O’Connor, Smith & Catalinotto can assist you through the process, and help to ensure that you receive the justice and compensation you deserve, so that you can return to work and continue to support your family. Visit one of our three office locations serving nearby Gloversville, Amsterdam, Catskill, and Hudson.
Call 800-721-3553 or contact us today to schedule your free consultation.
Additional Resources Related to Construction Site Accidents
Five Things To Do In The Initial Moments Following An Accident – Learn about some of the most important things you can do to protect yourself and your rights immediately after you’ve been involved in an accident.
Sharing Information With Your Personal Injury Attorney – Find out why you should be as open and honest as possible with your personal injury attorney from the get-go.
How to Decide If It’s Time To Bring a Lawsuit – Review some of the key things to consider as you contemplate bringing a lawsuit to pursue compensation for your injuries.
Editor’s note: This content was originally published in 2014 but has been updated as of June 2019.
