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Slip, Trip and Fall Cases

New York Construction Accidents

Many New York construction workers are not aware of the protections that New York’s Labor Law 241 provides and mistakenly think that all they are entitled to is workers compensation benefits. While the ladder and scaffold law under New York Labor Law 240 are well known, a less well known provision under Labor Law § 241(6), allows New York construction workers who suffer on site work accidents to sue the landowner or general contractor for various types of accidents including slip, trip and fall accidents.

Our New York City construction accident lawyers have extensive experience in handling Labor Law accident cases in the Bronx, Queens and New York (Manhattan) Supreme Courts and have won major battles in the Appellate Courts to expand the protection which Labor Law 241(6) provides to construction workers.

Labor Law §241(6) requires that all contractors and property owners who contract for b work to be performed in connection with the constructing or demolishing of buildings or doing any excavating in connection with constructing or demolishing buildings comply with certain regulations. The law also requires that all places where 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 workers who are performing the work on the construction site. However, this rule does not apply to the owners of one and two-family dwellings, who use the property as their home. But if a one or two family home owner, uses the property as an investment, then the law does apply.

To win a Labor Law §241(6), an injured worker must prove that the Industrial Code was violated. Our personal injury attorneys are thoroughly familiar with the Industrial Code and have successfully handled many slip, trip and fall cases on construction sites. The main regulations that provide protection to construction workers for safe walking surfaces are found in Industrial Code 12 NYCRR 23-1.7(e). One section of this regulation requires that all passageways be kept free from accumulations of dirt and debris and from any other obstructions or conditions which could cause tripping. Sharp projections which could cut or puncture any person shall be removed or covered. This section applies in the all too common situations where nails are stepped on which are left lying around or debris, such as scrap wood or metal is left in a passageway. Another section of the same regulation requires that the parts of floors, platforms and similar areas where people work or pass by must be kept free from accumulations of dirt and debris and from scattered tools and materials and from sharp projections insofar as may be consistent with the work being performed. These provisions taken together provide firm standards which are intended to keep workers who are often carrying heavy materials or dangerous equipment from falling and getting hurt.

If you suffered personal injuries in a construction accident, our experienced job site injury lawyers can get you the compensation that you deserve.

 
The Law Offices of Michael H. Joseph