Safe working conditions can make a world of difference for construction workers in New York City. Often, they can be the difference between avoiding an accident altogether or, if an accident happens, between life and death. But who’s responsible for ensuring that construction workers have a safe environment in which to work? Under Part 23 of the New York Labor Code, employers, property owners, and general contractors are expected to implement and oversee safety protocols on their job sites.
Section 23-1.5(a) specifically provides that “all employers, owners, contractors and their agents and other persons obligated by law to provide safe working conditions, personal protective equipment and safe places to work for persons employed in construction, demolition or excavation operations.”
Further, Section 241(6) of the Labor Law explains 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. When a contractor, owner, or agent thereof is negligent in providing safe working conditions for a New York City’s construction worker, they can be liable for damages arising from that worker’s personal injury and/or wrongful death.
How Can Employers and General Contractors Make Construction Sites Safe for NYC Workers?
New York Labor Laws have specific safety requirements with which construction employers and property owners must comply. Broadly speaking, employers and contractors must:
- Ensure that machinery and equipment are in good repair and safe working condition.
- Design, construct, and maintain load carrying equipment so that it can safely and successfully support loads without posing a threat to workers.
- Immediately repair or remove safety devices, safeguards, and equipment that are unsafe or inoperable.
- Employ Site Safety Supervisors to oversee day-to-day on-site safety compliance.
- Comply with New York scaffolding laws and ladder laws.
Part 23 of the New York Industrial Code, which applies to construction, demolition, and excavation operations, has a laundry list of requirements, depending on the type of construction that’s being done, where it’s being performed, and what type of equipment is involved. Some of the most notable safety requirements include:
- Storing dangerous materials and building materials in a stable, secure manner.
- Ensuring that all ramps and runways are braced properly to hold the weight of construction vehicles and heavy machinery.
- Checking for asbestos before beginning demolition projects.
- Reenforcing floors with additional planks, when appropriate.
- Protecting hazardous openings with railings and/or other safety barriers to prevent falls.
- Removing or covering ice, snow, water, grease and any other foreign substance that might cause a slip and fall accident.
- Ventilating sewers, pits, tanks, and chimneys to avoid air contamination or oxygen-deficient working environments.
- Employing spotters for construction trucks and heavy machinery with large blind spots.
Employers are also subject to safety protocols established by the Occupational Safety and Health Administration (OSHA), which requires them to hire competent and capable employees, provide necessary job training, and supervise employees to limit accidents, injuries, and deaths. NYC Building Code regulations require that most city jobsites are inspected daily. Contractors and/or employers must inspect lighting, fencing, site access, and structural integrity everyday without fail.
What Happens if I Get Hurt on a Construction Site Because of a Safety Hazard?
You have many rights as a construction worker in New York City. If you get hurt on a job site because the premises or your equipment were unsafe, it’s important to explore your legal options for recovering compensation for any medical bills, lost wages, disability, or distress you might have experienced. Most construction workers in New York City will qualify for workers’ compensation benefits.
These are paid to employees who suffer a job-related injury or illness, and can cover medical expenses and roughly two-thirds of lost income throughout the recovery period. Under New York’s Labor Laws, you can also pursue compensation from your employer, the property owner, and/or their agents if they allow you to work in an unsafe environment. Any violation of applicable Labor Law or Industrial Code regulations can be grounds for a construction accident lawsuit.
Through a lawsuit, you’ll need to have facts and evidence to prove a specific violation of a safety regulation. Further, you’ll have to demonstrate that the violation was a direct and proximate cause of an accident in which you were injured while working on the construction site.
If you can prove your case by a preponderance of the evidence, you can hold your employer, the property owner, and/or a general contractor liable for your medical bills, temporary lost wages, permanent disability, out-of-pocket costs, rehabilitation, pain and suffering, emotional distress, and other damages. Cases involving violations of New York Labor Laws and safety regulations can be complicated. It’ll be important to work with a construction accident attorney who’s well-versed in New York Labor Laws and has a proven ability to win cases and change lives.
At The Platta Law Firm, our verdicts have helped to shape New York construction laws and enhance safety regulations for the benefit of our clients and generations of construction workers to come. Call our New York City construction accident lawyers at 212-514-5100 to discover how we can help you after a job site accident caused by unsafe working conditions, too. Your first consultation is free.