| A. Overview | | | | placed and operated as to give proper protection |
| Construction projects can be dangerous places to | | | | to a person so employed. |
| work. Tools and materials get tossed around. | | | | So if an injured worker was engaged in "erection |
| Large, heavy objects are moved from place to | | | | of, demolition, repairing, altering, painting, cleaning |
| place. Great forces are unleashed; chemicals are | | | | or pointing" and using "scaffolding, hoists, stays, |
| used. Torches and flame and pressure may be | | | | ladders, slings, hangers, blocks, pulleys, braces, |
| applied. Injuries can occur at even the safest job | | | | irons, ropes and other devices" he or she has |
| sites. | | | | "super-protection" under New York State law. But |
| Accidents at construction jobs are divided roughly | | | | there are several loopholes, so an experienced |
| into two categories - height-related injuries, and | | | | accident or personal injury construction law lawyer |
| everything else. "Everything else" can be stumbling | | | | is necessary in these cases. |
| on a hammer, or getting an electrical shock, or | | | | For example, defenses commonly raised by |
| getting hurt because of defective or unsafe | | | | insurance companies to Labor Law claims are a |
| machinery, or anything else that's not | | | | "sole proximate cause" and "recalcitrant worker." |
| height-related. "Height-related" usually means a fall, | | | | "Sole proximate cause" occurs when the worker |
| or an object dropped from above. | | | | sets up equipment incorrectly and may be found |
| Cases for injuries caused by construction site | | | | to be entirely responsible for the accident. As you |
| accidents are usually very complex. Usually, there | | | | can imagine, this can be very tricky stuff. |
| are many companies involved and it's not always | | | | For example, in one case (Robinson v. East |
| clear who is to blame for the cause of an | | | | Medical Center), New York's Court of Appeals |
| accident and resulting injury. Responsibility may fall | | | | addressed a defense to a Labor Law section 240 |
| on a company that the injured worker does not | | | | claim. The defendants claimed that the injured |
| even know about, such as the owner of the | | | | worker's actions were the sole proximate cause |
| construction site, a sub-contractor, construction | | | | of his injury. The injured worker was hurt while |
| manager, materials supplier, or general contractor. | | | | using a six-foot ladder - which he knew was too |
| Additionally, there are many different rules and | | | | short to accomplish the task he needed to |
| regulations intended to guarantee a worker's | | | | perform. And even though he knew that there |
| safety, which negligent parties sometimes use | | | | were eight-foot ladders available at the job site, |
| clever defense attorneys to try to wriggle out of. | | | | he stood on top of the six-foot ladder and fell. |
| Complicating the picture is Worker's Compensation | | | | The work's case was dismissed because it was |
| insurance, which every employer must have | | | | found that he was the sole proximate cause of |
| available to its workers. Whether you're a mason | | | | his injury. |
| or carpenter, electrician or laborer, iron worker or | | | | "Recalcitrant worker" is when a worker uses |
| painter, you can not sue your employer if you're | | | | equipment incorrectly. This usually is found where |
| injured. The injured worker can only receive | | | | a worker ignores safety instructions or fails to |
| Worker's Compensation, which is guaranteed, but | | | | utilize available safety equipment, when he or she |
| tends to pay a small amount of money for lost | | | | should have known better. |
| wages and other benefits and is usually limited in | | | | A Labor Law section 240 claim was dismissed |
| the amount of time that it will pay the hurt | | | | where the injured worker was provided with |
| claimant. The only way around New York's | | | | proper safety equipment and told how to use it |
| Worker's Compensation law is to sue a person or | | | | safely, but was injured because he disregarded his |
| company that is not the injured person's | | | | supervisor's instructions and misused the |
| employer - not a simple matter. This requires | | | | equipment. (Mayancela v. Almat Realty |
| figuring out who did what, where, at the job site. | | | | Development, LLC). |
| B. Some Law | | | | The effect of the defenses of "sole proximate |
| One of the best known worker's protection laws | | | | cause" and "recalcitrant worker" is to chip away |
| is New York's Labor Law, section 240, which is | | | | at the protections provided by law to New York |
| intended to protect workers from height-related | | | | workers. |
| risks. That law states: | | | | C. Conclusion |
| 1. All contractors and owners and their agents, | | | | If you're hurt in an accident, consult a personal |
| except owners of one and two-family dwellings | | | | injury or accident attorney experienced in |
| who contract for but do not direct or control the | | | | construction site and work-related injuries. |
| work, in the erection of, demolition, repairing, | | | | Because of the complex issues and assortment |
| altering, painting, cleaning or pointing of a building | | | | of possible defendants, there must be a thorough |
| or structure shall furnish or erect, or cause to be | | | | investigation of the construction site, interviews of |
| furnished or erected for the performance of such | | | | co-workers and witnesses, and, possibly, taking of |
| labor, scaffolding, hoists, stays, ladders, slings, | | | | photographs. This must be done fast, fast, fast - |
| hangers, blocks, pulleys, braces, irons, ropes and | | | | sometimes even while the injured worker is still in |
| other devices, which shall be so constructed, | | | | the hospital. |