Need To Ask A Construction Accident Attorney About NY Labor Law Section 241(6) Violations?
Posted on October 19, 2021 in Construction Accidents
We all know that construction workers put themselves at a certain risk of accidents when they head to work every day. Although a level of risk cannot be eliminated altogether, there are safety measures in place to reduce the chances of serious accidents happening and when they do happen, protect the legal rights of workers to obtain compensation.
When you have been the victim of a construction accident, you may be wondering if you are eligible for compensation under NY Labor Law Section 241(6). Construction accidents can include falls, crane accidents, forklift accidents, electrocution, and more.
Understanding Section 241(6)
New York Labor Law Section 241(6) states that all areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places.
This law was designed to be integrated with Rule 23, which was created by the Department of Labor. Also known as Part 23 of the New York Industrial Code, it was developed to protect construction workers in the Bronx and other parts of New York. If general contractors or business owners failed to prevent serious construction injuries from occurring, injured workers can seek obtain financial compensation under Labor Law Section 241(6). This applies to any serious injuries sustained in the fields of excavation, demolition, and heavy construction work.
Under Section 241(6) of the NY Labor Law, employers are required to implement reasonable and adequate safety measures for any construction, excavation or demolition work done within the Bronx and New York City. These measures should be extended to employees as well as frequent visitors who are on the premises lawfully, such as vendors and contractors.
Not every construction accident that occurs onsite is a violation of Section 241(6), which is in place to cover injuries caused by a breaching of rules concerning workplace safety. For instance, if suitable eye protection equipment was not provided while engaging in activities that send chippings and small particles into the air, this can constitute a violation. Several layers of analysis will need to be undertaken to determine if your case qualifies for protection under Section 241(6).
Section 241(6) of the New York Labor Law was modernized in the mid-1960s to provide workers with a means to obtain compensation for construction accidents. It was designed to be integrated with “Rule 23” (Part 23 of the New York Industrial Code), created by the Department of Labor, which sets out specific safety requirements for heavy construction, excavation and demolition work that takes place within the Bronx and NYC.
Steps to Take After A Construction Accident
After a construction accident, the most important thing is to seek medical assistance as well as report the incident. If possible, take pictures of the accident scene – as equipment is frequently being moved around and conditions constantly changing on construction grounds, it is important to do so as soon as possible.
Following these steps will allow for an official documentation of the event as well as your injuries, which will assist you in pursuing a legal case. You must be able to prove that the type of work you were engaged in qualifies for statutory protection under Section 241(6), which an experienced construction accident attorney can help you with.
Pazer, Epstein, Jaffe & Fein, PC Can Take on Your Construction Accident Case
Seeking legal recourse in the aftermath of a construction accident? Come to us at Pazer, Epstein, Jaffe & Fein, P.C. , where we can provide you with a free consultation to evaluate the facts of your case. We are able to advise on the most suitable legal route, whether you qualify for protection under Section 241(6) or another form of protection.