Painters who paint, stain, or apply any other coating to buildings or other structures have certain protections under the New York Labor Law, just like any other type of construction worker.
Painting may seem like safe work, but the reality is that painters face many hazards. Painters who paint, stain, or apply any other coating to buildings or other structures have certain protections under the New York Labor Law, just like any other type of construction worker. If you were injured in an accident related to painting, you may be entitled to compensation well beyond the scope of workers’ compensation benefits. At Oresky & Associates, PLLC, our Queens and Bronx construction accident attorneys are dedicated to providing comprehensive and vigorous representation at every step of the way. With over 25years of experience, we understand the nuances of this area of the law and can help you fight for all that you are entitled to.
According to the Occupational Safety and Health Administration (OSHA), falls are among the leading cause of deaths in the construction industry. In 2015, 364 out of 937 total deaths in construction resulted from falls. The Bureau of Labor Statistics (BLS) found that in New York City, falls at construction sites accounted for 24 fatalities in 2015. Painters, who are often required to work at heights on ladders or scaffolds, may suffer a variety of injuries resulting from their falling off these devices, including broken limbs, traumatic head injuries, spinal cord injuries, facial fractures, knee injuries, and neck injuries.
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There are certain safety measures that must be followed for painting in order to reduce the risk of accidents. Section 240 of the New York Labor Law, known as the Scaffold Law, provides protects for painters. This law gives painters and other workers who have been injured in height-related accidents certain rights to file a lawsuit against a property owner and a general contractor. Certain property owners and general contractors are required to provide workers with fall protection devices, such as safety harnesses, guardrails, safe scaffolds, ladders, safety nets, and other equipment. For example, a broken or defective ladder or scaffold that causes a painter to fall at an apartment building under construction and sustain injuries would establish a violation of Labor Law Section 240, regardless of whether the painter was partially at fault.
If a painter is injured while painting at an apartment building, retail store, commercial construction site and other places due to a lack of safety devices or due to faulty safety devices, they can pursue full compensation for medical expenses, lost wages, pain and suffering, lost union benefits, and other damages. These damages are awarded in addition to workers’ compensation benefits, and they cover costs that workers’ compensation benefits do not cover or do not fully cover. Section 240 imposes “absolute liability” against certain owners and contractors that fails to provide workers with adequate safety devices, meaning they are fully accountable for the accident, regardless of the worker’s share of fault for the accident. Thus, even if a worker was partially at fault for the accident, the defendant’s liability is not reduced.
Painters face many risks on the job. If you or someone in your family has been injured in an accident related to painting, our knowledgeable job injury attorneys are here to help. At Oresky & Associates, PLLC, our goal is to treat our clients as we would want to be treated in the same situation. Members of our team can speak Spanish for your convenience as needed, and an attorney can come to your home or the hospital to discuss your case if your injuries prevent you from coming to our office. Our firm helps injured construction workers in Manhattan, the Bronx, Queens, Brooklyn, and Staten Island, as well as Nassau, Suffolk, and Westchester Counties. Call us at (718) 993-9999 or contact us online for a free appointment.