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A property owner and the building owner under New York Labor Law 241 has strict liability and what that means is they’re strictly held liable to the worker who is injured on the construction site as well as their family. Construction accident cases often involve complex liability issues and require specialized legal expertise of a New York workplace accident lawyer.

Labor Law 241 provides additional protections for construction workers. Construction workers face a variety of hazards on construction sites, and construction site accidents are a leading cause of workplace injuries in New York.

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    Find a Skilled New York Workplace Accident Attorney for Employee Claims

    An experienced workplace accident attorney in New York can help construction workers handle the complexities of a construction accident case and maximize their compensation. When it comes to legal representation, construction accident lawyers have extensive experience handling construction accidents and representing injured construction workers in New York.

    Does an employer or property owner have strict liability under NY workplace accident law, and if so, what does that mean?

    A property owner and the building owner under New York Labor Law 240 has strict liability and what that means is they’re strictly held liable to the worker who is injured on the construction site as well as their family.

    New York labor laws, including Section 240, are designed to protect workers and impose strict liability on property owners and contractors. Additionally, New York’s labor laws provides further protections for workers injured on construction sites.

    The labor laws are strict liability laws, meaning an injured worker only needs to prove that the injury was caused on the construction job, in a specific way (e.g., something fell on him).

    What is New York Labor Law 241 or the Safe Place to Work Law?

    Labor Law 241 is a statute that applies to many different types of accidents at work sites. It doesn’t apply to accidents from heights or gravity-related accidents because that’s covered by Labor Law Section 240. If you trip and fall over debris on the ground or have other kinds of work injury, that’s going to be governed by Labor Law 241.

    This Labor Law 241 is pretty powerful. One of the main benefits of that statute is it holds the building owner and general contractor liable to you.

    You should be aware going in that it does have a comparative negligence standard so the defendants are going try to show that you are negligent in some way at the time the accident occurred. Proving that the injury happened during the performance of your job duties is crucial for establishing liability under this standard.

    The purpose of Labor Law 241 is to protect workers from slips/falls, repetitive stress injuries, and other hazards at ground level. Compared to Section 240, it is similar, but focuses on the safety of a construction site at ground level.

    Coverage

    • Specific provisions for construction, demolition, and excavation on worksites
    • Mandate actions and safety equipment for buildings during construction or before demolition
    • Covers a wide range of work injuries, including those resulting from repetitive stress injuries

    Requirements

    • Thick planking for elevator shaftways, hatchways, and stairwells across the opening

    Application

    • Strict liability
    • All site owners, except for owners of one- or two-family homes (and those that do not control the work of any employees).
    • It’s basically like common law negligence in New York where you show that the other party was negligent and they try to show that you were comparatively at fault but on the Labor Law 241 in New York state the owner of the building is liable along with the general contractor and other contractors in the chain other than your employer.

    Find a Skilled Workplace Accident Lawyer in New York for Employee Claims

    If you believe your employer violated a labor law, you have valuable legal rights and deserve to speak to well-informed lawyers. For guidance on your legal options, consult with experienced York workplace accident lawyers and York work injury lawyers who can help you understand your rights and next steps.

    Labor and workplace law can be tricky, but an experienced New York personal injury attorney, as well as skilled workplace accident lawyers, workers compensation lawyers, and workers compensation attorneys, can help injury victims navigate the claims process and pursue maximum compensation. Seeking legal help is important to pursue fair compensation, financial compensation, and financial recovery after a workplace injury.

    If your workplace injury occurred in New York City, learn how our NYC workplace injury lawyers can help you pursue full compensation under city-specific labor laws. Reputable law firms like Parker Waichman LLP and personal injury lawyers in New York offer a free consultation. Our law firm works on a contingency fee basis, so you only pay if you recover compensation.

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