Parker Waichman LLP

New York Workplace Injury Lawyer: NYC Best Workplace Attorneys

New York workplace injury Laws are complicated. The legislature has periodically considered a change, from strict to comparative liability, where reimbursements would reflect the worker’s own relative fault for the accident – but no bill has passed. Here’s where we currently stand on NY workplace injury laws: Does an employer or property owner have strict liability […]

New york workplace injury lawyer: nyc best workplace attorneys

New york workplace injury lawyer

New York workplace injury Laws are complicated.

The legislature has periodically considered a change, from strict to comparative liability, where reimbursements would reflect the worker’s own relative fault for the accident – but no bill has passed.

Here’s where we currently stand on NY workplace injury laws:

Does an employer or property owner have strict liability under NY workplace 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.

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).


Video: Workplace injury lawyer in New York

What is 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 other kinds of accidents 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.

The purpose of Labor Law 241 is to protect workers from slip/falls and other hazards at ground level

Compared to Section 240: similar, but focuses on the safety of a construction site at ground-level.

Coverage:

  • Specific provisions for construction, demolition, and excavation on worksites
  • Mandates actions and safety equipment for buildings during construction or before demolition

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 NY Workplace Law Attorney 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. Labor and workplace law can be tricky, but an experienced attorney can review the details of your case, evaluate your legal options, and help you get the compensation you deserve.


More Labor Law Lawsuits and Resources

New york workplace injury lawyer
What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Thank you Parker Waichman LLP and especially paralegal Benita Rollis who guided me through the whole process. She was very professional, courteous and always called me back when I had any questions. I was very satisfied and highly recommend Parker Waichman LLP.
Denise Saraceno
2 years ago
5 Star Reviews 150
Positive: Professionalism , Responsiveness Pretty seamless process. You have responded proactively for us as our case moved through the victims compensation review process.
Jim Santello
2 years ago
5 Star Reviews 150
Good morning, I felt very grateful with the result of the service you provided me thanks to Jorge Peniche and Jillian Cantinieri, without a doubt you would refer my friends, thank you
MERCEDES grullon
a year ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038