Construction workers are afforded special protection under New York State law - as printed in the Niagara Gazette on 01/25/2005
Posted: Thursday, October 16, 2008
Most construction workers do not realize that New York State Law provides unique protection for those injured on construction sites, whether big or small. A trio of statutes (Labor Law §200, Labor Law §240(1), and Labor Law §241(6)) place the ultimate responsibility for work site safety on the owner of the construction job or contractor involved. These statutes allow an injured worker to recover monetary damages for any injury suffered.
The types of cases that fit within these statutes are as varied as the ways in which ordinary working people get hurt on the job: a fall from any height; a ladder or scaffold failure; a slipping or tripping hazard on the job; poorly equipped job sites; OSHA or Labor Board violations; and many more. Workers must remember that these statutory rights are in addition to the Workers' Compensation benefits that they are automatically entitled to when hurt on the job.
Workers' Compensation benefits are a result of a nearly 100-year-old law in New York that prevents workers from suing their employers for on-the-job injuries. That injured worker may only file a Workers' Compensation claim against that employer. Workers' Compensation pays all of your medical bills and, usually, 2/3 of your average weekly wage. You may then - in addition - bring a lawsuit against an owner or other contractor who may be responsible to you under the Labor Law. This is often called a third-party lawsuit.
Third-party lawsuits (Labor Law §200, §240(1), or §241(6)) involve a degree of specialization that is critical to fully compensating an injured worker. We routinely call on experts in the construction technology field and physicians who treat injured workers to assist us in the proper handling of your suit. We find that construction workers face risks every day that can lead to very serious injuries.
At Brown Chiari, we know that construction work is difficult and demanding. You are entitled to a safe work site that is free of unnecessary hazards and debris. You are entitled to work with the right equipment for the job being performed.
We have successfully completed cases involving fractures, paralysis, spinal injuries, and head and brain injuries that can occur in an instant but have long-lasting physical and financial effects. We know that because of the nature of construction work in general, many injured workers cannot return to that type of work. It is our goal to see that the injured worker is fully compensated.