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New York Construction Accidents Involving Demolition

July 19, 2010

New York construction accident lawyers often see injuries on construction sites involving personal injuries caused by unsafe work practices during demolition. Unfortunately for the injured New York worker, not all demolition work is covered by New York labor laws.

For purposes of Labor Law 241, demolition is defined by 12 NYCRR § 23-1.4(b)(16) as the work incidental to or associated with the total or partial dismantling or razing of a building or other structure including the removing or dismantling of machinery or other equipment. Therefore to be covered by New York’s Labor Law, the injured demolition worker must have been engaged in demolishing a structure. In a recent decision, the New York Courts held that dismantling a vehicle, whether a boat, a car or otherwise, unrelated to any other project, is not the sort of demolition intended to be covered by the New York Labor Law.

New York construction workers engaged in demolition often suffer serious personal injuries and even wrongful death when they are hit by falling debris. Our New York construction accident lawyers have often used the New York Labor Law 241 to successfully represent injured construction workers. New York lawyers who represent injured demolition workers must be familiar with the New York Industrial Code provisions concerning demolition. Industrial Code 12 NYCRR §§ 23-3.3(b)(3) states that parts of buildings shall not be left unguarded in such condition that such parts may fall, collapse or be weakened by wind pressure or vibration. 12 NYCRR 23-3.3(c) provides that during hand demolition operations, continuing inspections shall be made by designated persons to detect any hazards resulting from weakened or deteriorated floors or walls or from loosened material, and mandates protection for the New York demolition worker against these hazards by shoring, bracing or other effective means.

Section 23-1.7 (a) (1) of the Industrial Code also requires that every place where persons are required to work or pass that is normally exposed to falling material or objects shall be provided with suitable overhead protection.

New York construction accident lawyers, must therefore be aware of these demolition related regulations.

The Law Offices of Michael H. Joseph