Failure to Provide Safety Equipment
If you or someone you know has been injured in a construction accident because you did not have proper safety equipment for your job, you may be able to recover damages for your injuries. At Oresky & Associates, PLLC, our diligent Queens and Bronx construction accident attorneys understand New York workplace injury law and can apply this knowledge to assert your right to compensation. You can rest assured that we are committed to getting the compensation that you deserve after a serious injury caused by a failure to provide proper safety equipment. We have decades of experience helping people who are facing challenging times in their lives, and we treat each client’s case with the personalized attention that it deserves.
A Failure to Provide Safety Equipment may Cause Serious Injuries
The New York Labor Law requires proper safety equipment for construction projects to minimize the risk of harm to workers and requires contractors, owners, and their agents to be vigilant in providing:
- Safety lines, harnesses, lifelines, and tie-offs to prevent falls from heights;
- Barricades, covers, railings, to prevent workers from falling through hazardous openings;
- Protective eyewear;
- Head gear and proper overhead protection to protect workers and others from falling objects;
- Shoring and wall supports for people working in excavations or trenches; and
- Scaffolding, ladders, and ramps that are stable and sufficient for the job.
Workers who are hurt because of a failure to provide safety equipment at a job site are often able to pursue remedies in addition to workers’ compensation. The New York Labor Law, in particular Sections 240 and 241, aims to hold owners and contractors of construction sites accountable for an injury that they cause by failing to provide proper safety equipment for a project. These laws give construction workers the right to file a claim and obtain compensation through court proceedings. Under New York law, an injured worker is covered by workers’ compensation, but that is often not sufficient to account for the harm associated with serious injuries that take place at construction sites. Thus, these laws give workers certain rights to seek compensation for accident-related pain and suffering, medical expenses, and lost union benefits, as well as other damages, such as the loss of services of a spouse.
New York Labor Law Section 240, otherwise known as the scaffold law, imposes liability on contractors and property owners that fail to provide proper and non-defective safety devices to protect against falls from heights. In other words, if a worker falls and gets hurt because of defective scaffolding, unsafe ladders, insufficient or lack of safety lines or any other preventable reason related to safety equipment, the general the contractor or property owner (or a combination of them) may be required to pay damages. Other examples of safety equipment include harnesses, barricades, fencing, guardrails, safety lines, and netting to protect workers in the event of a fall.
New York Labor Law Section 241 specifically describes how all areas in which construction, excavation or demolition work is being performed shall be guarded, arranged and operated so as to provide reasonable and adequate protection for workers.
Discuss Your Injuries With a Knowledgeable Attorney in the Bronx, Queens, or NYC
If you or someone close to you was injured in a New York construction accident because of a failure to provide safety equipment, our seasoned work injury attorneys can help. At Oresky & Associates, PLLC, we can explore the facts of your case and help you secure all of the compensation that you are entitled to receive for your harm. Members of our staff are bilingual and can communicate in Spanish with clients if desired. We can visit you at your home or in the hospital if you are not able to come to our office. Our attorneys assist injured workers in Manhattan, Bronx, Queens, Brooklyn, and Staten Island, as well as Nassau, Suffolk, and Westchester Counties. To schedule a free consultation to discuss your options, call us at (718) 993-9999 or contact us online.