New York Labor Law 200 in Construction Place Fire Accidents
Manhattan Attorneys Protecting the Rights of Construction Employees
Employers are required to provide construction workers with a safe workplace environment. An employer who fails to do so may be held responsible for any resulting injuries. Unfortunately, despite the state, federal, and municipal laws established to protect workers, building sites are some of the most hazardous workplaces across the nation. To assert their legal rights, employees who were hurt due to an unsafe condition on the job need a New York construction accident lawyer to vigorously advocate for them. The Law Office of Michael H. Joseph, PLLC has more than a decade of experience helping accident victims pursue the compensation that they deserve.
New York State Labor Law Section 200
This statute imposes a legal duty on building owners and general contractors to protect the health and safety of all construction workers. Section 200 also states that an employer must adequately maintain and guard all building site equipment and machinery and provide workers with sufficient safety warnings. If a building owner or general contractor fails to meet this requirement, and a worker is injured as a result, the owner or general contractor will likely be held responsible for all of the employee’s harm. This may extend to the worker’s lost wages, medical expenses, pain and suffering, and other damages. Under the statute, an injured construction worker is not required to prove fault before recovering compensation related to his or her harm. Instead, he or she is only tasked with proving that the accident occurred as a direct result of a building site owner’s failure to comply with the statutory requirements of Section 200.
Construction Site Fire Accidents
If a building site worker is harmed in a construction site fire, Section 200 may be used as a basis for liability if the building owner or general contractor permitted a dangerous condition to exist or failed to supply employees with the equipment needed to fight and contain the fire. Although liability may not be grounded on the regulations created by the federal Occupational Safety and Health Administration (OSHA), they may be utilized to demonstrate the widely accepted safety standards that are generally followed in the construction industry. Additionally, a building owner’s failure to comply with OSHA regulations can be used as evidence against the owner to help prove liability for a personal injury or death that resulted from a New York City construction accident.
According to OSHA Standard 1926.24, all employers must develop and maintain “an effective fire protection and prevention program” throughout all phases of construction at a building site. Additionally, fire protection and suppression equipment, such as a fire extinguisher, must be readily available for workers to use in the event of a fire during all phases of a New York building project. Among other requirements, OSHA Standard 1926.150(a)(1) imposes a duty on employers to ensure that a water supply is accessible for immediate use if a fire breaks out on the building site.
OSHA regulations require a construction site employer to ensure firefighting equipment is in good working order and located in a conspicuous place at each building site. The burden of inspecting and maintaining equipment used to fight an unexpected fire also rests on the employer or building owner. Additionally, any defective firefighting equipment must be replaced immediately. To further protect construction and other workers from fire hazards, OSHA Standard 1910.156 compels an employer to establish a fire brigade that is trained and equipped to fight any workplace fire.
In general, employees who were hurt in a New York construction site fire or other workplace accident have up to three years from the date of their injuries to file a case in the appropriate court. This is called the statute of limitations. If a construction worker who was hurt in New York fails to file his or her claim before the statute of limitations expires, he or she may not be allowed to recover any compensation.
Contact Diligent Construction Accident Lawyers in White Plains
New York’s labor laws were designed to provide construction workers across the state with certain rights and protections. Despite such legal safeguards, building site employees are still faced with a higher risk of job-related injury or death than people in any other industry. If you were hurt in an uncontained fire or other accident while working at a construction site near White Plains or Westchester County, you probably have a lot of questions. At the Law Office of Michael H. Joseph, PLLC, our dedicated injury attorneys work tirelessly to ensure those responsible for your harm are held accountable. We assist clients who were hurt in construction accidents that occurred in Manhattan, the Bronx, Brooklyn, Queens, or Staten Island, as well as the New York metropolitan area, including Westchester, White Plains, Yonkers, and Rockland. For a free consultation with a committed advocate, contact us through our website or give us a call at (877) 580-6636.