The Letter Of The Law
As contractor industry experts, we have become well-versed in all of the laws governing New York State construction sites. The biggest reason that we have become so knowledgeable about construction laws is because ignorance of those laws could cost a contractor a lot of money now, and for many years to come.
Both genuine injuries and opportunistic employees can turn to New York State construction laws to file a lawsuit that will follow your company for a long time. If you rack up a series of these types of lawsuits, then your insurance rates will go up as you become a serious risk for any insurer.
We make sure that our clients know these laws by informing them of the laws, and then pointing out practical applications of those laws on the jobsites. There are a lot of construction laws that open the way to lawsuits which contractors should be aware of, but there two laws in particular that need to be part of a contractor’s regular vocabulary.
New York Labor Law 240(1) – The Scaffold Law
NYLL 240(1) gets its nickname because it deals primarily in scaffolding issues, but it covers a variety of other work hazards that can make this law extremely troublesome to contractors. NYLL 240(1) covers any injuries due to falls from any height, and any injuries that are due to gravity. If something falls from a height in a manner that makes the company negligent, then NYLL 240(1) will kick in and cause a lawsuit.
The entirety of NYLL 240(1) allows lawsuits involving scaffolding, rope, platforms, slings, blocks, hoists, braces, and pulleys. Every contractor is expected to know how to use all of these support mechanisms properly, and is also expected to enforce safety rules regarding these mechanisms on jobsites. If a worker falls off a paint bucket he was using to reach above his head, the contractor will be liable because the worker was not given the proper options to safely work above ground level.
New York Labor Law 241(6) – Following Safety Laws
Where NYLL 240(1) outlines exactly what is considered to be the proper and safe way to work above ground level, NYLL 241(6) makes it clear that negligence for injuries on a jobsite can be on the part of the worker and the company. With NYLL 241(6) all contractors and property owners are responsible for knowing all of the safety laws, but workers can also be held accountable for their own behavior. Contractors can, according to NYLL 241(6), submit evidence in an injury case that shows that the worker contributed in some way to their own injury.
What It Means For You
As your risk mitigation experts, it is our job to point out instances where NYLL 240(1) is in effect, and help you to collect information that would allow you to use NYLL 241(6) to your advantage. We prefer to make sure that our clients know the risks involved in not implementing proper safety mechanisms on the job, and then making sure that the company has the resources to defend itself if a worker should file a lawsuit for a fall.
We are business experts who understand the importance of knowing the New York State labor laws. When we work for our clients, we use the letter of the law to determine what is a safe worksite, and to help clients defend themselves from workers who may try to make fraudulant claims.