February 3, 2022 | Construction Accidents
Construction workers are covered by workers compensation or insurance provided by their employer if an accident happens. Employers are further required to provide for safe conditions outlined by NY State Labor laws. If the employer does not comply, an injured worker may be eligible for further compensation.
NY State Labor Law 241 is a law that deals with construction site safety measures in general. It does not specifically refer to falls or equipment used. This law applies to any area where there is excavation, demolition, or construction taking place.
The law says that all workers must be protected properly on a job site. Adequate and safe shoring may be required. The site must be properly and safely equipped relating to the job being done. The worksite must be guarded and properly run or conducted to assure the safety.
If elevators are being used, they must be enclosed, at least on two sides if being used to hoist materials. If floors are not made of iron, fireproof materials must be used in their construction. Floors and walking space must be kept clear to prevent slipping and tripping, and drowning.
Chemical hazards and air contamination must be avoided. Before a demolition takes place, buildings must be checked for hazardous materials such as asbestos.
While falls are a common cause of injuries on construction sites, other environmental factors play parts. In 2009 the Center for Disease Control reported that construction workers represented 4.3 out of 100 full time workers with not fatal injuries or illnesses.
From 1990-1999 construction workers experienced 1000 deaths due to respiratory problems, over 700 were asbestos related.
In 2011 electrocutions were responsible for 67% of construction worker deaths.
It is important for employers to comply with NY Labor Law 241 and secure the entire work site. If you or someone you love has experienced injury on a construction site that was not safely maintained, contact an experienced NY construction attorney.
Stolzenberg Cortelli LLP