Construction Accidents/Scaffold Accidents
The Law Firm of Dominick J. Robustelli & Associates, PLLC has handled, and still is handling, significant construction/scaffold cases. Owners, contractors, project managers and general contractors can be held responsible to accident victims who are hit by falling objects, scaffold failures or collapses, and any other construction site injury. Thousands of workers are injured and killed each year at construction sites. The nature of construction site accidents normally lead to significant injuries including shattering of bones, traumatic brain injuries, crushed injuries and death.
New York has passed specific Labor Law statutes to protect the construction employees. Many laws exist that require safety equipment, guards, helmets, scaffold safety, and inspections to provide workers with a “safe place to work”. A general contractor and/or the owner of the construction site must comply with sections 200, 240 and 241(6) of the New York State Labor Law. Section 200 is a general section where the owner and contractor are obligated to use reasonable care in running a work site.
The most important section of the Labor Law to workers is section 240. This section requires that certain protective equipment be used by workers. This statute is called the strictly liable statute for owners and contractors. If a worker is injured when using a scaffold, ladder, hoist, stays, hangers, pulleys, ropes, blocks and other smaller devises, the law allows the injured worker to sue the property owner and/or the general contractor who violates this section rendering them strictly liable for the worker’s injuries. This usually arises when there is a violation of safety provisions, including defective or missing safety equipment at elevated work sites, under the Industrial Code or OSHA rules and regulations. The actions of the injured party cannot be held against them when section 240 is violated.
The law requires not only the owner and general contractor to comply with New York State Industrial Codes, but also architects, subcontractors, and manufacturers of equipment.
Section 241(6) of the Labor Law is a compilation of all New York State rules and regulations that must be complied with at all construction sites. In this section, unlike section 240, the worker’s actions can be used against them in the happening of the accident. Comparative negligence of the worker is taken into account by the jury.
At present, our law firm is handling a Labor law case where the injured worker was laying corrugated steel for a roof. At the time of the accident, he was on top of the second floor of the building, and standing on a beam. It was a windy day and the injured worker was holding one end of the corrugated steel with another worker holding the other end. The injured worker slipped on the beam and fell 28-30 feet landing on the ground, hitting his head. The injured worker had no place to tie off his safety harness to on top of the roof, and no safety netting was being used. Both of which are violations of New York Labor Law Section 240. He sustained a fractured skull; traumatic brain injury; spleen lacerations; subarachnoid hemorrhage; left 6, 7, and 8 rib fractures; left ankle fracture; pulmonary contusion; tracheotomy with resulting scar; gastrostomy for feeding tube; double vision from nerve palsy; traumatic, convergence insufficiency; hearing deficit to the left ear; numbness along the left side of his face; numbness along the left side of his tongue; double vision; headaches; and numbness/tingling left side of mouth. Worker’s compensation has paid out in the last six years over 1.5 million in medical and lost earnings benefits.
Our construction site accident attorneys have particular knowledge of the many Labor Law statutes and OSHA Regulations passed to protect construction workers. When an injury or accident occurs at a construction site or a scaffold, call our construction attorneys. Our firm will conduct an investigation, and gather evidence that proves violations to the Labor Law and OSHA Rules that are in place for the construction workers’ protections. Our experienced construction accident attorneys serving Westchester County can help you in making sure the client receives the maximum settlement or verdict. Call us at our White Plains Office in Westchester County at (914) 288-0800, our Monroe Office in Orange County at (845) 782-9571 or on our toll free number (800) 727-7084.