New York Labor Law 240 helps to protect construction workers from having to fight for benefits when they suffer an injury based on a fall from a height. The law provides absolute liability when a worker is injured. It includes general contractors and property owners as those who can be held responsible for the damages associated with these falls.
A construction worker who suffers a fall off a ladder, scaffold or anything else at an above-ground height may qualify for workers’ compensation, but they will also have the ability to file a third-party claim. Many choose to utilize this law because they can recover a bigger portion of their damages than what’s possible under workers’ compensation coverage.
The scaffold law also covers other situations involving falls from heights. For example, if something falls from a height or if a person who falls from a height falls on top of another person causing injury to either person, all injured parties can file a third-party lawsuit.
Because of the absolute liability clause in the law, it doesn’t matter if any worker was at fault for the accident. The construction company or property owner can be held liable for the monetary damages associated with the incident. For this reason, policies should be in place that require appropriate inspections of all equipment before each use. Anything that isn’t in good shape should be removed from service immediately.
Any worker who suffers an injury at a construction site should learn about the options they have for seeking compensation. The unique laws in New York sometimes provide options that aren’t available in any other area of the country.