If you have been injured in a construction accident, you should be aware of the Scaffold Law in New York State. Here is what you need to be aware of, and how an experienced New York construction accident lawyer can help you recover full compensation.
Scaffold Law in New York | What is the New York Scaffold Law?
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. They are 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.
Scaffold Law in New York | Responsible Party
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 Scaffold Law in New York State, 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.
If you are seeking compensation for a construction accident in New York, please contact our experienced Hamburg construction accident lawyers today for a free consultation.