Section 240 of the New York Labor Law offers particular protection to professionals working in the construction trades who rely on the use of scaffolding and raised platforms in the performance of the job tasks on a construction site. Section 240 places strict liability on the part of the general contractor and property owner in the event a scaffold or raised work platform is defective and causes the construction worker to fall from a height sufficient to cause injury or death.
The term 'strict liability' means that the contractor or property owner may be held liable for total compensatory damages paid to the injured construction worker, even if it is determined that the worker was greatly at fault for the fall and injury. Under provisions of New York Labor Law Section 240, if the property owner or contractor can be proved to be just one percent liable for the fall, the worker may seek total compensatory damages. The law may also extend to homeowners who contract workers for painting or roofing services on their two-story homes.
If you are a construction worker injured in a fall on a construction site, chances are you have New York Labor Law Section 240 protecting your rights. Don't assume you only have New York workers' compensation to cover your medical care and loss of earnings. You may be entitled to seek significant money damages from the party or parties held liable for the scaffolding or property.
I am attorney Ira M. Maurer, of Fishkill, New York. I have been helping injured construction workers and their families protect their rights after suffering construction site injuries for more than three decades. To learn more about Labor Law 240 and whether you have an injury case, please contact The Maurer Law Firm by calling 845-896-5295 to schedule a free consultation with our experienced greater Poughkeepsie injury lawyer.