Did you know that in addition to workers’ compensation, you may also be in the position to bring a claim against someone who is not your employer to recover damages for an injury you suffered at work?
In the State of New York, workers’ compensation is generally the exclusive remedy to provide wages and/or medical benefits for workers who are injured or become ill as a direct result of their job. You generally cannot bring a lawsuit against your employer for a work related injury. However, it is critical to have a skilled attorney evaluate all aspects of your work related injury to ascertain your full legal rights and to explore whether any third parties were responsible for your work related injury, including building owners or product manufacturers.
Particularly in the field of construction, many third parties are involved in a particular jobsite and may be legally responsible for your work related injury, including property owners, lessees, general contractors, subcontractors, project managers, manufacturers and/or suppliers. The New York State legislature enacted Sections 200, 240(1) and 241(6) of the New York Labor Law to protect construction workers and to hold owners, contractors and agents responsible for ensuring the safety of construction workers.
New York Labor Law Section 200 is a codification of “common-law” principles of negligence aimed to ensure that all New York construction sites be operated in such a manner as to provide reasonable and adequate protection to workers from general construction site hazards.
New York Labor Law Section 240(1) requires that all owners and contractors involved in the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure must furnish or erect safety devices for the performance of such work including scaffolding, hoists, stays, ladders, slings, blocks, pulleys, braces, ropes and other safety devices. This safety law further requires that those devices be constructed, placed, operated and maintained so as to give all the employees performing work on the project proper protection from hazards and injuries. Section 240(1) imposes upon owners, contractors and their agents a non-delegable duty that renders them liable regardless of whether they supervise or control the work for failure to provide proper protection from elevation-related hazards.
New York Labor Law Section 241(6) imposes a non-delegable duty upon owners and contractors to provide reasonable and adequate protection and safety for workers and to comply with the specific safety rules and regulations promulgated by the Commissioner of the Department of Labor. A plaintiff is entitled to the protections of Labor Law Section 241(6) if performing any of the activities enumerated in it, such as the erection or repair of a building or structure or work necessary and incidental to the same.
It is important that you contact an attorney immediately upon suffering a workplace injury so that you can fully explore and understand all legal remedies available to you. Sanocki Newman & Turret, LLP has been successful in handling workplace injury cases, including construction law cases, and has recovered fair and just compensation for injured clients. If you or a loved one has sustained a workplace injury, please call Sanocki Newman & Turret, LLP (212) 962-1190 for a free consultation to see if you are entitled to compensation.