It is important that every American worker should feel protected while
working on the job. Every day dangers and those created by someone else’s
negligence should not be debilitating or financially crippling, especially
when a person suffers injury while simply doing their duty.
For those who work in the field of construction, the hazards around the
jobsite are so great, they are sometimes considered unavoidable. This
is a major problem, though, as insurance companies can try to shirk their
responsibilities after a construction worker is injured, stating that
it is “just part of the job.” The truth is that they deserve
workers’ compensation, just like anyone else. And, thankfully, New
York legislation breaks down and addresses just how labor laws are defined
in relation to construction crews.
Defining a Construction Worker and Their Rights
In New York State, a construction worker is anyone who deals with the alteration,
demolition, renovation, or repair of structures and buildings. The definition
is deliberately broad, as even the person who has to clean the windows
on the 100th floor can be considered a construction worker providing “renovations”
There are three main statutes that define how a construction worker must
be provided for or protected, or else they can pursue recovery through
§ 200: Any owner or contractor will provide as safe a working environment as reasonably possible.
§ 240: Injuries incurred from falling or from falling objects are covered in workers’ comp law.
§ 241: Both actions and equipment must be reasonable safe for construction crews to use.
The final statute is particularly important to point out, as hazardous
work conditions on construction sites are often related directly to equipment
used. A poorly maintained bulldozer or a lack of provided hard hats, for
example, could lead to an injury and the need for workers’ compensation.
In some ways, this takes liability out of the hands of the worker, who
was either following orders from a superior or rightfully assuming that
all equipment on site had been properly inspected.
If you have been injured in an accident while working on a construction
site, you need to know your rights and how to protect them.
Contact a New York City construction accident attorney from Lurie, Ilchert, MacDonnell & Ryan LLP today. We have recovered
more than $400
million for our clients through successful verdicts and settlements and we operate
on contingency fees – you don’t pay unless we win you a recovery
– so call
646.461.4009 to speak to our
personal injury lawyers today!