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New York Construction Accidents – Who Is Responsible

May 17, 2010

Construction accident victims should not just assume that they are responsible for their personal injuries. Most New York construction accidents involve violations of the New York Labor Law. Under the New York Labor Laws, the general contractor and owner of a construction site are responsible for violations of the labor law. New York personal injury lawyers who represent construction workers who suffer personal injuries and wrongful death, must be familiar with the details of the Labor Law.

Often the question becomes who is an owner.Labor Law § 240 requires all contractors and owners and their agents to give proper protection to a persons employed on construction sites. The term owner under Labor Law § 240 has not been limited to titleholders but has been held to encompass any person or company who has an interest in the property and who fulfilled the role of owner by contracting to have work performed.

Another common defense is the claim by the contractor that they are not responsible because the owner hired the subcontractor. Labor Law § 240 requires that all contractors and owners shall undertake certain measures to protect the individuals employed in the construction work. It doesn’t matter whether the general contractor directly hired the sub-contractor or whether the owner hired the sub-contractor because the general contractor is required to provide proper protection to persons employed on the site, so long as the general contractor retains the right to control and direct aspects of the work.

The Law Offices of Michael H. Joseph