As many construction sites as you can find in New York, it is no surprise the particularly high risks associated with construction work. It is routine for a construction worker to subject him or herself to hazardous conditions and potential injuries. What happens when a person suffers an injury on a site? Who is responsible?
For employees who suffer injuries, the New York City bar claims that workers’ compensation covers injuries. The bar also suggests that workers’ compensation may not be enough. Negligence laws are in place to allow workers to sue third-party contractors if dangerous conditions led to the employee’s injury. If you receive worker’s compensation and recover through a third-party claim, however, you will have to reimburse the worker’s compensation.
Negligence laws are not the only deciding factor in terms of construction accident liability. New York has its own labor law that addresses construction work. Labor Law 240 states that construction workers have a safety entitlement. For those who are performing necessary work at high elevations must trust that safety devices and provisions are readily available. If a third party happens to ignore safety regulations, then the third party is liable. Now, if the worker has sole responsibility for his or her injuries through recklessness, then the defendant won’t remain liable.
In other cases, Labor Law 241 may play a role in a liability decision. Labor Law 241 provides strict liability. This means that if a contractor or third party violates safety codes then the worker doesn’t have to prove fault. The violation is enough.
This information is solely for educational purposes. It is not legal advice.