Under the New York statutes protecting construction workers from job-related accidents, owners and general contractors are required to “furnish or erect…scaffolding, hoists. stays…and other devices” to provide protection to workers employed in “erection, demolition, repairing, altering, painting, cleaning or pointing a building or structure.” New York Labor Law § 240 (1) imposes absolute liability on contractors and owners for any injuries that result from violation of the law. Accordingly, if you have been injured because a contractor or owner has failed to abide by the provisions of § 240 (1), you don’t have to show that the owner or contractor was careless or negligent, only that they didn’t meet the standards established by law.
The courts in New York have held that Labor Law § 240 (1) applies when a responsible party has failed to properly secure a device that needed to be secured. If you have been hurt on a construction site because an owner or general contractor failed to secure an object, and it fell, you want to speak immediately to an experienced construction accident injury lawyer, so that you can protect your rights.
The New York courts have specifically addressed whether Labor Law § 240 (1) applies when workers are injured by falling objects that should have been secured, finding liability in a case where a worker was struck by a falling dolly, as well as another situation where the plaintiff suffered injury after being struck by a threaded rod that had not been properly secured with nuts at the time of the accident.
Contact the Law Office of Oresky & Associates, pllc.
If an object has fallen on or around you at a construction site, and you have suffered injury as a result, you may have a claim for damages under Labor Law § 240 (1). The sooner you contact an attorney, the better your chances of preserving evidence to support your claim.
At the law office of Oresky & Associates, pllc., we are available to take your call 24 hours a day, seven days a week. We offer more than 20 years of experience to people throughout New York who have suffered personal injury, including people hurt in scaffolding, ladder and constructions accidents. To schedule a free initial consultation, contact us online or call our office at (718) 993-9999.