Construction workers and the Labor Laws of New York.

Contruction workers

Thousands of construction workers are injured on job sites throughout the state of New York on a yearly basis. If you’ve been injured in a construction accident, you need to speak to an experienced construction accident attorney so that they can review and evaluate all the facts of your accident and potential case and you can get advice on the laws that may apply to your case.

The Labor Laws of New York have been enacted to protect construction workers injured on job sites. Those labor laws were enacted to protect the construction workers and ensure that the sites on which they work are safe and that the procedures used to complete the work are in line with the safety policies and procedures.

If the owner of the job site, construction manager and/or the general contractor violate any of those laws and a construction worker is injured, that construction worker can bring a claim for personal injury against those parties. If you’ve been injured in a construction accident, generally your case may fall within three different sections. The Labor Law of New York as applied to construction accidents is divided into three sections.

1. Section 200
2. Section 240 (1)
3. Section 241 (6)

Depending on the facts of your construction accident, your case may involve each one of those sections, or it may only involve one of those sections and that’s why it’s important that you contact a construction accident Attorney so that they can obtain all of the facts of your accident and identify which of those sections applies to your accident.

Labor Law 200

Section 200 of the Labor of New York provides that all worksites:
“be constructed, equipped, arranged, operated, and conducted to provide reasonable and adequate protection to the lives, health, and safety of all persons employed therein or lawfully frequenting such places. All machinery, equipment and devices in such places shall be so placed operated, guarded, unlighted as to provide reasonable and adequate protection to all such persons. Violation of this section that causes an injury to a construction worker gives rise to a potential action against the liable parties.”

In essence, Section 200 of the Labor Law as referenced above generally deals with two main areas:
1. The means and methods of the work that was being conducted, i.e. how the work was being performed and who was responsible for dictating how that work was being done; and/or;
2. Dangerous conditions that exist on a job site, for example, tripping hazards or holes that exist on-site that a worker could fall into.

Whether an owner, construction manager, general contractor or applicable sub-contractors are responsible under section 200 will depend on (i) whether those parties supervised and directed the manner in which the work was being done or (ii) if it’s the case that the accident arises from a dangerous condition on-site, whether those parties had notice (knew of or should have known about) that condition or conditions and/or those parties created the dangerous condition that caused the accident.

Section 200 is a complex section and very fact-specific to each case, and it is for that reason that it’s very important that you reach out to an experienced personal injury attorney so that they can evaluate the facts of your case and identify if your action falls within section 200 of the Labor Law.

Labor Law 240 (1)

Commonly known as the New York Scaffold Law, the Labor Law Section of 240 (1) was enacted in 1855. It serves to protect all construction workers who risk life and limb to build this magnificent city.
The scaffold law doesn’t just apply to scaffolds, it applies to any accident or situation that arises on a job site as a result of an elevation differential, what that means is anything that involves a height difference. So, for example, a worker who falls from a height off a ladder or scaffold or where a worker is struck by something that has fallen, that is commonly known as a ‘falling object’ case. In New York, the labor law section 240 (1) is designed to protect workers who are working at heights or who are exposed to objects that may fall from above.

Section 240 (1) of the Labor Law is a very strict section of the construction accident law because if it is found that there is a violation of Section 240 (1), the defendants, which could be the owner, construction manager, general contractor and any applicable agents of the owner, are strictly liable for the accident. That means that if you can prove that there was a violation of the scaffold law 240 (1), 100% liability is granted against the defendants in your case even if the injured worker was negligent him/herself. The key factor is not whether the worker was negligent, the question is whether the worker was the sole cause of his or her own accident. If the worker is the “sole” cause of the accident, there is no liability on the Defendants.

The Law in this area provides that:
“All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect,
or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.”

This law therefore doesn’t apply to owners of one and two family homes but does provide protection to construction workers and workers involved in the “erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure.”

This law can be controversial at times because it gives the injured worker the right to sue not only the owner of the construction site but also the general contractors and any agents of the owner, which may include the construction manager even though they may not have had anything to do with the work that the worker was doing at the time. The reason for this is that the Courts want to provide adequate protection to the worker that responsibility for site safety lies at the door of the owners and contractors on site. A common example of a 240 (1) case is;
• A worker who falls from a scaffold when the planks that he is standing on collapses;
• A worker who falls from a scaffold because of the lack of guardrails;
• A worker who was falls off a ladder that he was given to use when a scaffold would have been a safer device to use.
• A painter who falls off a ladder;
• An object or piece of equipment that falls as it is being hoisted upward and strikes a worker standing below.
• An object or piece of equipment that should have been secured to a wall or building that comes loose, falls and strikes a worker standing below.
• A cleaner who is struck by a piece of equipment.

The labor law of 240 (1) is designed to protect the worker in those instances and more. Again, just like section 200, it is crucial that if you’ve been involved in a construction accident, you reach out to an experienced construction accident attorney to discuss your case and see if Labor Law 240 (1) applies to your case.

Labor Law 241 (6)

New York Labor Law Section 241 (6) relates to construction sites and imposes a non-delegable duty on the property owner and the contractors to provide specific protection to construction workers. The law specifically provides that all areas in which construction, excavation or demolition work is being performed shall be constructed, shored, equipped, guarded, arranged, operated and conducted to provide reasonable and adequate protection and safety to the person’s employed therein or lawfully frequenting switch places. It’s important to note that the section explicitly states that it only applies to areas involved in construction, excavation and demolition work.

The New York Labor Law Section 241 (6) refers to and is intertwined with Part 23 of title 12 of the New York codes rules and regulations (NYCRR), and Part 23, known as the “Industrial Code” deals specifically with different items and activities that are protected under 241 (6). Statue Liberty and New York city skyline

Section 241 subsection (6) deals with a number of items and a number of construction activities that may take place on a job site. It deals with the general responsibility of employers, the responsibility of employees, specific provisions to protect workers from general hazards, provisions related to personal protective equipment, the guarding of power-driven machinery, electrical hazards, combustion devices, safety railing, safety belts, harnesses, tail lines and lifelines, life nets, sidewalk, sheds, catch platforms, ladders and lateral ways, handprints propelled vehicles, illumination and many more activities that are conducted on job sites. In addition, section 241 (6) refers to specific provisions of part 23 that deal specifically with construction operations, demolition operations, excavation operations, scaffolding, the hoisting of materials, personnel hoists, cranes, power-operated equipment and internal combustion engines.

In order to hold an owner, contractor or owners’ agent responsible under Section 241 (6), you need to show that those parties have violated a specific and concrete provision of the Industrial Code to fall within the protection of Section 241 (6). To prove that violation may be straight forward and blatantly obvious but in many cases, to do that may require the hiring of a specific expert, an engineering expert, a safety expert, or a mechanical expert for example and those are decisions that will be taken by your construction accident attorney.

Just as with sections 200 & 240 (1), it is crucial that you speak to an experienced construction accident attorney to evaluate your case so that the attorney can understand the facts of your accident and make a determination as to whether section 241 (6) or any of the other sections of the labor law apply to your case.

These three sections of the Labor Law are broad and can be complex at times, and it is important that you speak with an experienced construction accident attorney when it comes to a construction accident that you’ve been involved in.

The Law Offices of Darren T Moore has experience representing victims of construction accidents and other personal injury accidents and has successfully recovered millions of dollars in compensation for workers injured on the job site.

An example of some of our construction accident results are:
• $6,500,000.00 for a construction worker who fell from a ladder.
• $1,800,000.00 for an undocumented construction worker who fell off a ladder;
• $1,500,000.00 for a union labourer who was struck by an object on a construction site;
• $600,000.00 for an undocumented construction worker who stood on a nail on a construction site and suffered a foot injury.

If you or a loved one have been injured in a construction accident, contact the Law Offices of Darren T Moore for a free consultation at 917-809-7014.

Illegal immigrants / Illegal Aliens – Can I bring a Lawsuit?

illegal immigrants

The city and state of New York is home to over a million illegal immigrant (s) from all over the world. According to NYC government “Immigrants comprise 37.2 percent of the city’s population but 44.2 percent of the labor force.” 44.2% of the workforce – that’s close to half the working population in New York City. Every day we see workers, documented and undocumented, working in construction, in our stores, restaurants and offices. Many of them are the commuters on our trains and subways, drivers or bicyclists on the roads and pedestrians on the sidewalks.

When personal injury strikes, it doesn’t discriminate based on status, illegal or undocumented vs documented. Because of their status, many undocumented people are only able to work certain jobs and in many situations, forced to do jobs that others would not because of the pay and/or danger that the job entails. According to the nyc.gov site referenced above, “Despite higher labor force participation and increases in educational attainment, median annual earnings for undocumented immigrants ($25,300) is significantly lower than earnings for U.S.-born citizens ($45,500).”

If you are an illegal immigrant and you’ve been injured in an accident, your status does not prevent you from bringing a claim for personal injury.

What do the Courts say?

The Courts in New York, State and Federal have ruled that if you’ve been injured on the job, your status should not prevent you from seeking legal help and potentially compensation for your injuries.

The Immigration Reform and Control Act (ICRA) has held that it’s unlawful for undocumented individuals to submit or use false/forged identity documents to obtain employment and it’s also unlawful for an employer to hire an illegal alien, knowing that he/she is illegal. As long as you have not knowingly or intentionally violated the law in obtaining employment in New York, you should not be prevented from seeking compensation for your loss of earnings, if you were injured on the job.

Let’s take an example, you’re an undocumented construction worker working on a New York construction site and you get injured. First and foremost, in New York you are entitled to apply for workers compensation benefits that provide coverage for your medical treatment and also coverage for loss of earnings for your time out of work. Irrespective of your status, you may also be able to bring a third-party lawsuit against the owner, construction manager and/or general contractor for your injuries. This is where an experienced personal injury

attorney comes in as you need to contact one as soon as possible after a construction accident so that the attorney can advise you of your rights, advise you as to what you’re entitled to and give you the direction you need to make sure that you take care of yourself and your rights. An experienced personal injury attorney will discuss all the facts of your case, how your accident happened and what injuries you sustained. The experienced personal injury attorney will also inquire as to your work history, pay history, how you obtained employment and what personal information was provided in order to obtain employment and can then advise you accordingly.

Construction workers injured on the job is just one example, these accidents can happen to anyone in any walk of life whether it’s in car or truck, on a sidewalk or in a restuarant. There are a number of areas that need to be explored in order to protect your rights and it is crucial that you speak to a personal injury attorney who is familiar with dealing with undocumented individuals who have been injured as a result of negligence in the state of New York.

Call the experienced personal injury attorneys at the Law Offices of Darren T Moore PC for a free consultation at 917-809-7014 to discuss the merits of your case and the issues regarding your status.

What is an IME?

“IME” stands for (Independent Medical Examination). Our office, however, does not call these exams IME’s for a simple reason, an IME indicates that it’s independent, however, in most cases, the doctor who is examining you at the IME is far from independent. They have either been hired by an insurance company or a law firm to defend against or mitigate the action you have brought for your injuries.

In our office, we refer to them as DME’s (Defendant Medical Examinations). Whether it’s a car accident, an injury on the job, a workers compensation accident, a construction accident or any type of personal injury, you may be required to attend medical examinations with either the insurance companies doctors and/or the defence attorneys doctors. It’s important to note that these examination(s) and the doctor’s testimony and report may be used AGAINST YOU at a later date, at trial and/or settlement.

It’s crucial that you have an experienced personal injury attorney that is experienced in dealing with these types of medical examinations so that they can give you the advice, direction and guidance you need and educate you as to:

  • What the process involves?
  • What you need to do?
  • What you don’t need to do?
  • What to expect?

We tell all our clients to be prompt for the appointment, being late may result in the office refusing to see you and marking that appointment as a “no-show” which can affect your benefits. Even though some insurance doctors are over-booked and you may have to wait a considerable time before seeing the doctor, be on time and be patient.

Why is it important to attend these exams?

 If you were injured in a car accident or truck accident, hit as a pedestrian or bicyclist, for example, you will be entitled to no-fault insurance coverage, which includes up to and including $50,000 worth of coverage for medical treatment, out of pocket expenses and time out of work. In order for the insurance company to continue to pay that coverage, they may require that you attend an exam with their doctors. If you fail to appear for that medical exam on two consecutive occasions, the insurance company will terminate your benefits and may refuse to pay for all of your medical treatment, leaving those bills for you to deal with. It’s important to note that generally, the insurance companies will reschedule these exams if it’s requested on time and for a valid reason and this is not counted as a no-show. It’s these nuances and pieces of information that makes it crucial for you to seek out an experienced and knowledgeable personal injury attorney.

If it’s a workers compensation case, where for example, you were injured at work in a construction accident or in a factory or store and you are receiving workers compensation benefits for your medical treatment and time out of work, in order to continue receiving those Worker’s Compensation benefits, you will be required to attend these medical exams with the Worker’s Compensation insurance companies doctor.

Finally, if a personal injury lawsuit is started and filed in the Court for your injuries, part of that process requires that you attend a medical exam or exams with doctors hired by the Defendant(s) involved. Those doctors will examine you and then provide a report related to the examination. As mentioned above, these examination(s) and the doctor’s testimony and report may be used AGAINST YOU at a later date, at trial and/or settlement.

If you’ve been injured in an accident, you need an experienced Personal Injury Attorney to guide you along the right path. Contact the Law Offices of Darren T Moore for a free consultation to discuss if you have a case – call us free at 917-809-7014.

How long do I have to bring a lawsuit in New York?

In New York, if you’re involved in a personal injury accident and sustain injury, the time limit that you have to bring your case will depend on who the defendant is. If the defendant is a municipal entity for example, like the city of New York, the New York City Transit Authority, the time limit is shorter and you have to file a notice of claim within 90 days of your accident and you’ve to start your lawsuit within one year and 90 days of the accident date. This applies not only to personal injury actions but also to medical malpractice claims involving municipal hospitals and medical providers.

If your injury action involves a private entity, a private person or corporation, you have three (3) years to file a lawsuit from the date of your accident.

If the action involves medical malpractice, the deadline is two years and 6 months from the date of the malpractice, or from the last treatment where there is continuous treatment of the same illness, injury or condition.

If your action involves wrongful death as a result of negligence and or malpractice, the time limit is two (2) years,

Where you bring a claim for the “intentional infliction of emotional distress” the time limit is one (1) year.

For the “negligent infliction of emotional distress” it’s three (3) years.

If your case involves product liability like a defective product for example, the time limitation is also three (3) years.

What about other actions?

For other actions in New York, different time limitations apply and will depend on the type of action you are bringing. Actions for Libel/Slander/Assault and Battery all have one (1) year time limitations.

In New York, breach of contract actions must be filed within six (6) years of the alleged breach.

Debt collection actions also have a six (6) year limitation.

Each case has its own set of facts and differs regarding who’s involved and what time limitations may apply. It is crucially important to reach out to an experienced personal injury attorney to discuss your case and find out what limitations apply and what must be done to protect your interests.If you’ve been involved in a personal injury accident or suffered malpractice or have someone belonging to you, such as a family member or relative who has died as a result of an injury or malpractice, contact the Law Offices of Darren T Moore P.C for a free consultation and speak to our Personal Injury Attorneys in relation to your action.

Call us free at  The Law office of Darren T Moore on 917-809-7014

Construction Accident – Trip and Fall

Construction accident lawyer

As we mentioned in our previous blog post regarding slip and fall accidents https://www.injurylawatty.com/our-blog/, according to the United States Department of Labor statistics, out of 4,779 worker deaths in the private industry in 2018, 1,008 occurred in the construction industry. Aptly called the “fatal four,” the four main causes of worker deaths in the construction industry were falls, followed by being struck by an object, electrocution, and caught-in/between. The “Fatal Four” were responsible for more than half (58.6%) the construction worker deaths in 2018.

Many of these falls occur because of carelessness and dangers on job sites, because of the fact that profits and deadlines are prioritized over safety and the employee. The person who sits in the large windowed office is often the person who reaps the benefits of the jobs expedited completion but he/she is not the one who puts themselves in harm’s way to get to that stage. That role is played by the unknowing construction worker who often suffers a fall and subsequent injury because of the shortcuts that were taken on site to get to the stage of completion. “Falls,” be it from a height, through a hole, as a result of slipping on a slippery substance make up a large majority of the reported falls on construction sites but there is also the “trip and fall” that occurs on a job site that causes serious personal injury that includes, fractures, traumatic brain injury, spinal cord injury, orthopedic injury and even death.

If you’ve been injured due to a trip and fall while working at a construction site or project, workers compensation is likely NOT YOUR ONLY OPTION.

Yes, workers compensation will cover your medical treatment and your loss of earnings but you may be entitled to bring an action for personal injury and compensation against the owner and general contractor of the job site because of the dangerous and unsafe condition of the construction site that caused your injury. The Labor Law in New York was enacted to protect construction workers who suffer on the job injuries as a result of dangerous and defective on-site conditions.

You should talk to an experienced construction accident attorney at the Law Offices of Darren T Moore PC who can guide and advise you as to whether you have a valid personal injury claim.

At the Law Offices of Darren T Moore PC, our construction accident attorney’s will evaluate the facts surrounding your accident and can guide and potentially fight for full and fair compensation for your injuries which may include not only past pain and suffering, lost wages and medical but also the future pain and suffering, future loss of earnings and future medical costs.

Labor Law 241(6)

ALL CONTRACTORS AND OWNERS AND THEIR AGENTS, EXCEPT THE OWNERS OF ONE AND TWO FAMILY DWELLINGS WHO CONTRACT FOR BUT DO NOT DIRECT OR CONTROL THE WORK, WHEN CONSTRUCTING OR DEMLISHING BUILDINGS OR DOING ANY EXCAVATING IN CONNECTION THEREWITH SHALL COMPLY WITH THE RULES AND REQUIREMENTS OF THE INDUSTRIAL CODE – Part 23 of Title 12 of the NEW YORK CODES, RULES AND REGULATIONS (NYCRR).

Part 23 deals with an array of different construction activities and situations and this article will focus on § 23-1.7 (e)(1) and (2) which focuses on Protection from Tripping and Other Hazards:

The section states:

(1)   Passageways.   All passageways shall be kept free from accumulations of dirt and debris and from any other obstructions or conditions which could cause tripping. Sharp projections which could cut or puncture any person shall be removed or covered.

(2)   Working areas.   The parts of floors, platforms and similar areas where persons work or pass shall be kept free from accumulations of dirt and debris and from scattered tools and materials and from sharp projections insofar as may be consistent with the work being performed.

Now importantly, what is a working area and what is a passageway is very often case and fact specific and this is where an experienced construction accident attorney comes in. At the Law Offices of Darren T Moore PC, our New York construction accident law firm will conduct an in-depth investigation into your case and the happening of the accident to evaluate if you have a potential cause of action against the owner and general contractor on your construction project.

The statute as referenced above, protects construction workers working on, using and travelling along “passageways” and “working areas” from tripping hazards which include items that are deemed to be an obstruction and even sharp projections like stepping on a nail. For example, if there is debris strewn around the construction site and that debris obstructs your path on site or you step on this debris and step on a “sharp extrusion” like stepping on a nail, you could be entitled to compensation. Again, this is why it’s important to sit down and discuss your accident with an experienced construction accident attorney who can help identify if your accident occurred in a passageway or walkway, if the debris will be deemed to be a dangerous condition or was it “inherent in the work that was been completed at the time.” Our New York Construction accident attorneys at the Law Offices of Darren T Moore PC are familiar with the nuances of the Labor Law and familiar with the specific sections like § 23-1.7 (e)(1) and (2) and can evaluate the facts of your case to determine if there is a potential claim for personal injury and compensation.

This list is not exhaustive but common areas that trip and fall accidents occur on a construction site are:

  • Walkway’s
  • Sidewalk
  • Hallway
  • Work area
  • Passageway
  • Lobby
  • Vestibule
  • Shanty
  • Common areas

Common causes of trip and fall accidents on construction sites include:

  • Debris
  • Planks
  • Building material
  • Sharp extrusions like stepping on a nail
  • Tools
  • Mis leveled sidewalk flag
  • Improperly placed bollards and cones
  • Steel bolts

What to do if you have tripped and fallen on a construction site?

  • Seek medical attention immediately.
  • DO NOT be forced by any person, supervisor or other person to tell medical professionals at the scene, the EMS or the ER that your accident happened any other way than the way in which it occurred. Often, unbeknownst to you, your boss, supervisor, foreman may tell you that it’s in your interest to say that the accident happened in a different way or even at a different location. This is a sneaky and selfish way for them to possibly avoid liability and harm any genuine claim for injury that you may have.

After that, there are important steps to take in order to protect yourself and any future claim you may bring. You should:

  • Report your accident to a foreman or supervisor or site safety person
  • Take photos and videos of the area and condition that caused your accident, or ask someone to take pictures or videos for you if you are unable to due to injuries
  • Gather contact information of any witnesses, including names and contact details
  • Request that your employer alert workers compensation of your accident
    As soon as practical, you should consult a construction accident attorney to protect your rights. If you have sustained an injury at work on a construction site in New York, an attorney can file a claim on your behalf for you to receive workers’ compensation benefits. Workers’ compensation benefits will cover your medical treatment as a result of the injuries suffered along with paying your lost wages up to a maximum of $934.11 per week.

What can I claim if I have a case for injury that occurred on a construction site?

  • Money damages for Pain and suffering both past and future
  • Past medical expenses
  • Future medical expenses for treatment, assistance and procedures that you’re are likely to require
  • Loss of earnings
  • Loss of future earnings which can include annuity, pension, insurance and union benefits

What if I am illegal or undocumented?

The construction industry provides work to thousands of undocumented workers in New York and many of them suffer on the job injury. If you are an illegal immigrant/undocumented person who was injured you are entitled to worker’s compensation benefits and you may be entitled to compensation for your injuries. Your status is protected and cannot be reported to the authorities and doesn’t prevent you from bringing a claim. You need to contact the construction accident attorneys at the Law Offices of Darren T Moore P.C.

At the Law Offices of Darren T. Moore PC, our construction accident attorneys will work tirelessly to ensure you receive the compensation you deserve following a construction accident. Our construction accident attorneys have extensive knowledge of both New York labor laws and regulations established by the Occupational Safety and Health Administration (OSHA) and the New York Industrial Code including Section 241(6) as referenced above. Call us now at (917) 809-7014 for a FREE CONSULTATION and remember WE ONLY RECOVER IF YOU RECOVER. Our goal is “MOOREJUSTICE” for each and every client.

Construction Accident – Slip and Fall

Slipping Hazards

According to the United States Department of Labor statistics, out of 4,779 worker deaths in the private industry in 2018, 1,008 or 21.1% were in the construction industry — that is, one in five worker deaths in 2018 happened in the construction industry. Dubbed the“fatal four,” the four main causes of worker deaths (excluding highway collisions) in the construction industry were falls, or slip and fall,  followed by being struck by an object, electrocution, and caught-in/between. The “Fatal Four” were responsible for more than half (58.6%) the construction worker deaths in 2018.

When we reference “falls” within the construction industry we ordinarily think of a construction worker falling from a height, falling off of a scaffold, falling through a hole or open area and suffering serious and catastrophic injuries including spinal cord injuries, traumatic brain injuries, fractures and even death as mentioned above. Those types of falls make up a large majority of the reported falls on construction sites but there is also the “slip and fall” that occurs on a job site that leads to the same serious personal injury.

If you’ve been injured due to a slip and fall while working at a construction site, workers compensation is likely NOT YOUR ONLY OPTION. Yes workers compensation will cover your medical treatment and your lost wages but you may be entitled to bring an action for personal injury and compensation against the owner and general contractor of the job site because of the dangerous and unsafe condition of the construction site that caused your injury. You should talk to an experienced construction accident attorney at the Law Offices of Darren T Moore PC who can guide and advise you as to whether you have a valid personal injury claim.

At the Law Offices of Darren T Moore PC, our construction accident attorney’s will evaluate the facts surrounding your accident and can guide and potentially fight for full and fair compensation for your injuries which may include not only past pain and suffering, lost wages and medical but also the future pain and suffering, future loss of earnings and future medical costs.

Labor Law 241(6)

ALL CONTRACTORS AND OWNERS AND THEIR AGENTS, EXCEPT THE OWNERS OF ONE AND TWO FAMILY DWELLINGS WHO CONTRACT FOR BUT DO NOT DIRECT OR CONTROL THE WORK, WHEN CONSTRUCTING OR DEMLISHING BUILDINGS OR DOING ANY EXCAVATING IN CONNECTION THEREWITH SHALL COMPLY WITH THE RULES AND REQUIREMENTS OF THE INDUSTRIAL CODE – Part 23 of Title 12 of the NEW YORK CODES, RULES AND REGULATIONS (NYCRR).

Part 23 deals with an array of different construction activities and situations and this article will focus on § 23-1.7 (d) which focuses on Protection from Slipping Hazards:

The section states:

“Employers shall not suffer or permit any employee to use a floor, passageway, walkway, scaffold, platform or other elevated working surface which is in a slippery condition. Ice, snow, water, grease and any other foreign substance which may cause slippery footing shall be removed, sanded or covered to provide safe footing.”

As can be seen from a simple reading of the text of the statute above, this statute protects construction workers using any floor, passageway, walkway, scaffold, platform or any other elevated working surface which is in a slippery condition. By slippery, the section refers to areas that are wet and slippery because of ice, snow, water, grease or any other foreign substance which is a catch all phrase to encompass any other wet substance that could present a dangerous condition for construction workers. As this section obviously provides protection to construction workers on construction sites, if you have been injured on the job because of a slippery condition it is important to speak to an experienced New York construction accident attorney at the Law Offices of Darren T Moore PC to evaluate if you have a potential claim for personal injury.

This list is not exhaustive but common areas that slip and fall accident’s occur on a construction site are:

  • Work area
  • Staircase
  • Lobby
  • Walkway between two work areas
  • Sidewalk
  • Scaffold
  • Ladder
  • Hallway
  • Vestibule
  • Shanty
  • Common areas

It’s important that you discuss your accident with an experienced construction accident attorney because, although the law provides great protection to the construction worker, certain locations and certain wet surfaces may not automatically impose liability upon an owner or general contractor and you need a construction accident attorney who will conduct an in depth investigation to identify if they liable and responsible for your injuries.

What to do if you have slipped and fallen on a construction site?

  • Seek medical attention immediately.
  • DO NOT be forced by any person, supervisor or other person to tell medical professionals at the scene, the EMS or the ER that your accident happened any other way than the way in which it occurred. Often, unbeknownst to you, your boss, supervisor, foreman may tell you that it’s in your interest to say that the accident happened in a different way or even at a different location. This is a sneaky and selfish way for them to possibly avoid liability and harm any genuine claim for injury that you may have.

After that, there are important steps to take in order to protect yourself and any future claim you may bring. You should:

  • Report your accident to a foreman or supervisor or site safety person
  • Take photos and videos of the area and condition that caused your accident, or ask someone to take pictures or videos for you if you are unable to due to injuries
  • Gather contact information of any witnesses, including names and contact details
  • Request that your employer alert workers compensation of your accident

As soon as practical, you should consult a construction accident attorney to protect your rights. If you have sustained an injury at work on a construction site in New York, an attorney can file a claim on your behalf for you to receive workers’ compensation benefits. Workers’ compensation benefits will cover your medical treatment as a result of the injuries suffered along with paying your lost wages up to a maximum of $934.11 per week.

What can I claim if I have a case for injury that occurred on a construction site?

  • Money damages for Pain and suffering both past and future
  • Loss of earnings
  • Loss of future earnings which can include annuity, pension, insurance and union benefits
  • Past medical expenses
  • Future medical expenses for treatment, assistance and procedures that you’re are likely to require

At The Law Offices Of Darren T. Moore PC, our construction accident attorneys will work tirelessly to ensure you receive the compensation you deserve following a construction accident. Our construction accident attorneys have extensive knowledge of both New York labor laws and regulations established by the Occupational Safety and Health Administration (OSHA) and the New York Industrial Code including Section 241(6) as referenced above. Call us now at (917) 809-7014 for a FREE CONSULTATION and remember WE ONLY RECOVER IF YOU RECOVER. Our goal is “MOOREJUSTICE” for each and every client.

The Law Offices of Darren T. Moore PC Has Been Nominated and Accepted as a 2020 AIOPIA’S 10 Best Law Firm in New York For Client Satisfaction

The American Institute of Personal Injury Attorneys has recognized the exceptional performance of New York’s Personal Injury Law Firm, Law Offices of Darren T. Moore PC as 2020 10 Best Personal Injury Law Firm for Client Satisfaction.

The American Institute of Personal Injury Attorneys is a third-party attorney rating organization that publishes an annual list of the Top 10 Personal Injury attorneys in each state. Attorneys who are selected to the “10 Best” list must pass AIOPIA’s rigorous selection process, which is based on client and/or peer nominations, thorough research, and AIOPIA’s independent evaluation. AIOPIA’s annual list was created to be used as a resource for clients during the attorney selection process.

One of the most significant aspects of the selection process involves attorneys’ relationships and reputation among his or her clients. As clients should be an attorney’s top priority, AIOPIA places the utmost emphasis on selecting lawyers who have achieved significant success in the field of Personal Injury law without sacrificing the service and support they provide. Selection criteria therefore focus on attorneys who demonstrate the highest standards of Client Satisfaction.

We congratulate the Law Offices of Darren T. Moore PC on this achievement and we are honored to have their firm listed as a 2020 AIOPIA 10 Best.

You can contact Law Offices of Darren T. Moore PC directly at 917-809-7014.

Construction Accidents: What Is The Labor Law And How Does It Apply To Me?

Construction accidents, unfortunately, remain a common occurrence in the United States, and especially in New York City. According to the NYC Department of Buildings (DOB), there were 586 injuries and 11 deaths related to construction accidents in the city in 2019. Six of the deaths happened in Manhattan. Even more shockingly, these fatalities can sometimes be underreported when official statistics are compiled each year.

Although the number of construction-related injuries in NYC has declined relative to previous years, these figures remain higher than those from 2015 and construction is still considered the most perilous industry in NYC, per a story from CBS Local published in 2019. Fatalities are up 33% relative to 2015.

Causes Of Construction Accidents

The four most frequent types of construction-related injuries are falls, being struck by an object, being caught under or between an object, and electrocution. Common causes of construction accidents include:

  • Defective ladders and scaffolds
  • Improperly built scaffolds
  • Falling objects that should have been secured
  • Partial building collapses
  • Sharp objects (like saws, nails, and broken glass) left lying around within passageways
  • Improper use of cranes and forklifts

Other more intangible and organizational causes of construction accidents include:

Profit over people and budgeting decisions: One common way of cutting budget costs involves reducing the workforce and circumventing safety procedures, which is evidently risky.

Deadlines: Especially in the construction industry, you hear them say “this needs to be done yesterday.” Contracts may include late fees and penalties so impending deadlines can lead to shortcuts especially when it comes to how work is done and worker safety.

Improper training: Whether it’s complying with OSHA 30 or even attending the toolbox talks on site, some contractors and job sites adhere to it and unfortunately some don’t.

New York’s Construction Labor Laws

Under New York State labor laws, construction company owners and contractors are required to ensure that all areas they control are “reasonably safe” for all workers, per Labor Law 200. That includes the job site itself, the equipment and machinery that is being used and also the methods by which the work is being done. Section 200, is in essence, what we call “common law negligence.” This section of the Labor Law is narrow in that you need to show that the owner and general contractor on the job site in some way controlled and directed the work that resulted in the injury that a construction worker suffered and in many cases, the work that was being done at the time is usually controlled and directed by one’s own employer and not by the owner or the General Contractor. In addition to the work that is being done, the owner and general contractor are responsible for dangerous conditions on the job site like structural defects and conditions as long as they knew about the condition, or the condition existed for such a sufficient period of time that they should have known, observed or identified the condition.

Section 240(1) of New York’s labor laws, which is commonly referred to as the “Scaffold Law” provides protection for a construction worker in relation to what the courts refer to as “gravity-related” incidents, i.e. falls from a height such as a ladder or a scaffold, scaffold boards collapsing and causing construction worker to fall, falling through a hole on the job site and also falling object cases, for example where an object that should have been secured falls, strikes and injures a construction worker. This section of the labor law provides great protection to the worker and holds the owner and general contractor on the site, absolutely liable for a gravity-related incident as long as the worker was not 100% at fault for his own incident. WHAT DOES THIS MEAN? It means that even where the construction worker may have contributed to the incident if it’s shown that he/she wasn’t afforded proper protection, the owner and general contractor are 100% at fault. A simple example of this would be where a construction worker who is on a ladder that can’t be tied off or doesn’t extend the requisite three (3) feet above the roof or parapet falls from the ladder when he/she overreaches to grab a tool. The worker, in that case, contributed to his accident in overreaching but the fact that the ladder couldn’t be tied off or didn’t extend above the roof is a violation of the labor law and the owner and general contractor are then held completely at fault. Once it can be shown that there was a violation of any type, irrespective of whether the owner and general contractor was even aware of such a violation or dangerous condition, they ( the owner and GC ) will be held 100% at fault for the incident and the resulting injury. This section of the law was brought in to provide great protection to construction workers and by holding the owner and general contractors responsible, the law imposes upon them the responsibility of making sure that all contractors and subcontractors on-site work safely and in conjunction with the rules and regulations for construction.

The third major section is Labor Law Section 241(6), which relates to construction, excavation, and demolition on sites. The section states that “all areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places.”

This section provides and requires that work is performed in a safe manner and protects workers from exposure to safety hazards that can result in serious construction injuries. This section of the Labor Law specifically refers to Section 23 of the New York Industrial Code which lays out and specifies the rules related to construction, demolition and excavation activities. Whether it relates to the height a ladder can extend above a roof, the maximum weight or load allowed on a scaffold, the condition of a construction site passageway, the sufficient amount of lighting required in a construction site area and the proper condition of power-operated equipment, this section lays out specifically the rules and requirements for each contractor and construction site to operate by. In order to be successful under this section, you must prove a violation of a sufficiently specific provision of the Industrial Code. This is where an experienced construction accident attorney is needed, someone who can navigate the specific sections of the Labor Law and in particular Section 23 of the Industrial Code.

If you or a loved one have been involved in a construction accident, call the construction accident attorneys at the Law Offices of Darren T. Moore PC for a free consultation.

What To Do After A Construction Accident

Firstly, we tell each and every client that we speak with, if you have been injured in an accident of any kind, seek medical attention. After that, there are important steps to take in order to protect yourself and any future claim you may bring. You should:

  • Report your accident to a foreman or supervisor
  • Take photos and videos of the area and circumstances of your accident, or ask someone to take pictures for you if you are unable to due to injuries
  • Gather all relevant information from any witnesses, including names and contact details, or ask someone to do it for you if you are unable to due to injuries.
  • Request that your employer alert workers compensation of your accident

As soon as practicable, you should consult a construction accident attorney to protect your rights. If you have sustained an injury at work on a construction site in New York, an attorney can file a claim on your behalf for you to receive workers’ compensation benefits. Workers’ compensation benefits will cover your medical treatment as a result of the injuries suffered along with paying your lost wages up to a maximum of $934.11 per week.

At The Law Offices Of Darren T. Moore PC, our construction accident attorneys will work tirelessly to ensure you receive the compensation you deserve following a construction accident. Our construction accident attorneys have extensive knowledge of both New York labor laws and regulations established by the Occupational Safety and Health Administration (OSHA) and the New York Industrial Code. The types of compensation you can potentially recover include damages related to:

  • Pain and suffering
  • Past and future medical expenses
  • Past and future loss of wages, earnings, and benefits