When looking for a workplace accident attorney, you want one who is well-versed in New York Labor law. New York has the strongest laws protecting construction workers in the country. In addition to Labor Law §240(1) protecting workers from height-related injuries, workers also have the protection of Labor Law §241(6). Labor Law §241(6) protects workers when owners and developers violate safety rules known as the Industrial Code. Workers also have the protection of Labor Law §200, a statute that is powerful in its own right. Workplace accident attorneys can explain that Labor Law §200 is a codification of common law negligence. It applies when an owner or contractor is actively negligent and their negligence is the cause of a worker’s accident. Unlike Labor Law §240(1) and 241(6), Labor Law §200 is not limited to “construction sites” or “construction work”. It applies to all New York workplace accidents. However, almost all Labor Law §200 cases arise from construction site accidents.
Labor Law §200 cases come in two categories: (1) Accidents caused by the means or manner in which the owner or contractor chooses to perform the work, or (2) Accidents caused by a dangerous condition.
Accidents From the Means and Methods of the Work
For accidents in the first category, workers must prove the accident resulted from the means or manner in which the owner or contractor chooses to perform the work. The workers also must prove that the owner or contractor exercised supervisory control over the work that caused the injury. Essentially, the owner or contractor must be directing how the work is performed (the method or manner of the work), or the tools or instruments used in performing the work (the means of the work).
Workplace Accidents From Dangerous Conditions
For workplace accidents in the second category, workers’ attorney must show that the accident resulted from a dangerous condition. They must also show that the owner or contractor had notice of the condition.
There are two types of notice: actual notice and constructive notice. For an owner or contractor to have actual notice of a dangerous condition, they must have created the condition.
For an owner or contractor to have constructive notice, a worker must show that the owner or contractor knew or should have known that the dangerous condition existed. While the protections of Labor Law §200 are powerful, the statute and the legal system are difficult to navigate. Accordingly, workers involved in construction site accidents must contact experienced construction accident attorneys as soon as possible. The workplace accident attorneys at The Platta Law Firm, PLLC, have years of experience litigating Labor Law §200 claims throughout the state of New York. The unfortunate reality is that even with the protections that this law puts in place, oftentimes, owners, general contractors, and contractors, fail to provide construction workers with safe construction sites.
Workplace Accident Attorneys Who Care
Injured construction workers need attorneys dedicated and willing to fight for their case. The Personal Injury Lawyers of The Platta Law Firm, PLLC fights for every case. We will not give up until you receive the compensation you need to pay your medical bills and support your family. If you are injured in a construction site accident, you need to contact an experienced construction accident attorney who can help you navigate the relevant law. The Platta Law Firm, PLLC are workplace accident attorneys with a proven track record of getting its clients the money they need.