Michael Barasch – September 24, 2013
Trapped over three hours in mud the consistency of quicksand, a New York construction worker had begun to lose feeling in his legs after falling 15 feet into a trench. The mud, intensified by falling rain in June of this year, worsened the emergency on a worksite that was technically shut down by the Department of Buildings months earlier.
After a construction accident, injured hardhats have access to workers compensation carried by their employers. Our firm often represents workers who do not realize New York labor laws also provide compensation for injury they suffer if their employer does not maintain a safe working environment. Seeking financial redress under these laws does not affect your claim for workers’ compensation.
With the inherent danger of the construction trade, specific laws provide protection for workers including the following:
– New York Labor Law 240: Focused on those working above ground, this law is commonly called the scaffolding law for its protection of employees working with hoists, ladders, pulleys, ropes and other devices.
– New York Labor Law 241: For workers generally carrying out work on the ground, this law protects those involved in construction, excavation and demolition. Excavation work like trenching can be dangerous, especially after a wall collapses, as occurred in the June accident at 83rd Avenue in Kew Gardens.
New York supports your right to a safe place to work. If injured, make sure you understand all avenues of compensation available to assist you after a construction accident.
via Construction Accidents: More than Workers Comp | Barasch McGarry Salzman & Penson PC – JDSupra.