New York Scaffold Law Explained

On Behalf of | Jun 25, 2018 | Buffalo Law Blog, Construction Accidents, Firm News

New York Scaffold Law

Were you seriously injured on a construction site? You may be left unable to return to work and provide for yourself and your family. The New York Scaffold Law serves a purpose for injured construction workers. Here is what you should know.

New York Scaffold Law | What You Need to Know

Insurance companies always want to change the Scaffold Law, but this law serves an important purpose: it puts a non-delegable duty onto general contractors and owners of property when they are doing construction work to make sure that there are proper safety devices in place when people are working from certain heights.

Often when injuries happen because of an elevated-related work hazard, the injuries are severe and permanent. The state is putting the onus on the people who are in the best position to make sure that these safety standards and safety procedures are followed. The Scaffold Law in general says that the owner of a property or a general contractor has the non-delegable duty of ensuring that standards are met, and procedures are obeyed. An owner or a contractor cannot pass that responsibility to somebody else; he or she must verify that there are proper safety devices in place to prevent injuries from an elevated-related work height.

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New York Scaffold Law | Responsible Party for a Construction Site Injury

In New York State, you cannot sue your employer directly for injuries that happen on a construction site. However, the case may be different for subcontractors and those who work for a contractor hired by an owner. If your injury is caused by the negligence of somebody else who is not within the employment of your employer, you may have a claim against that employer or the relevant subcontractor.

As stated, according to the New York Scaffold Law, general contractors and owners of property have a non-delegable duty to make sure that people are kept safe on a job site when elevated-related work hazards are present or likely. In those situations, you can sue if you are not a direct employee of the general contractor. You can sue both the general contractor and the owner of the property. Those are scenarios in which early attorney involvement can help you to determine where responsibility lies.

Do you need a fierce construction accident attorney to represent you in your construction accident case? At Chiacchia & Fleming we provide our clients with the finest quality legal services in an aggressive, practical, and cost-effective manner. Call today for a free confidential case evaluation.