A New York Construction Accident Lawyer Who Represents Injured Workers Tracking Developments in Construction Accident Law.

Category Archive for 'Labor Law 240(1)'

New York has a strong law that protects workers who are injured due to falling from a defective ladder or scaffold, or another type of gravity-related accident. It’s codified as New York Labor Law, section 240(1) and it’s commonly referred to as the “Scaffold Law.” Each year in the New York legislature it is under […]

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The New York Daily News just ran a very good, albeit heartbreaking story about a 30-year old construction worker who was killed in a crane accident at a subway extension project for the No. 7 train when the boom suddenly fell causing debris to crush him. Typically, I don’t like to re-post articles about construction […]

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As I have previously discussed on this blog, the New York Court of Appeals has issued a number of decisions that have been supportive of workers’ rights in the context of construction accidents under the New York Labor Law. On December 30, 2011, the Appellate Division followed this trend with the Fourth Department decision of […]

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The Court of Appeals has recently expanded the scope of Labor Law 240(1) (the Scaffold Law) by refocusing it on whether the cause of a construction accident is gravity-related, as opposed to a historical tendency to simply view whether it involved a falling worker or falling object from high above. This signals a positive development […]

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The New York Law Journal reported on September 30, 2011 that business groups are seeking to scale back the protections of Labor law 240 and 241, which holds owners and general contractors at construction sites liable for many worker injuries. These protections are more favorable for workers than a general negligence standard and their aim […]

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The Appellate Division, First Department, has recently further defined the circumstances when a subcontractor will be liable under Labor Law 240 and 241 for a New York construction accident. In brief, if the subcontractor has the authority to supervise or control the accident-causing operation or the work area where the accident happened, it may be […]

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Readers of this blog, and those who are knowledgeable about the New York Labor Law — which applies to construction accidents in New York — know that it provides exceptional protections to workers who are injured in either a falling accident or when they are struck by a falling object. Interestingly, this second category has […]

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I’ve been researching and drafting a summary judgment based on a Labor Law 240(1) claim for some time now, and it has me scratching my head about the morass the New York courts have created in this field of case law. One decision comes out one way, and then another with nearly identical facts comes […]

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Even though New York law imposes numerous strict safety requirements on contractors at construction sites, not all contractors are liable for construction accidents that occur at a site due to unsafe conditions. There must be privity between the contractor and the injured worker’s employer or firm in order for liability to attach. In other words, […]

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A worker was injured while climbing down from a cement truck parked near the entrance to a construction site. On August 3, 2010, the Appellate Division held that he is entitled to pursue a Labor Law 240(1) claim against the owner and lessee of the property, even though the accident did not technically occur inside the parameters of the […]

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