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New York construction accident attorney Leandros A. Vrionedes, P.C. helps injured construction workers recover compensation under New York Labor Law 241(6) when the property owner or contractor violates specific rules and regulations designed to prevent construction accidents in New York.
The three main laws holding property owners and contractors liable for construction accidents are New York Labor Law sections 200, 240(1) and 241(6). Each statute has its own rules and procedures, so it is important to find an attorney experienced in New York construction accident law who can determine the appropriate section of the law or legal theory to ensure success with your construction accident personal injury claim.
New York Labor Law Section 241(6) states:
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.
The section continues:
The commissioner may make rules to carry into effect the provisions of this subdivision, and the owners and contractors and their agents for such work, except owners of one and two-family dwellings who contract for but do not direct or control the work, shall comply therewith.
Under the first sentence, a contractor or owner is liable in negligence for an accident that occurred under the contractor’s or owner’s control or supervision. Under the second sentence, however, an owner or contractor can be liable for any rule violation that leads to an accident, without the injured worker having to prove the owner’s or contractor’s negligence.
The rules made by the commissioner are located in the Industrial Code, and they are quite extensive. They can be found in Part 23 of Title 12 of the New York Codes, Rules and Regulations (NYCRR) and include sections on construction, demolition, excavation, scaffolding, hoists, cranes, power-operated equipment, exhaust gases, and use of explosives. These rules cover everything from chutes and ladders to pile drivers and power buggies, and they get very specific. For instance, 23-5.16 states that “the elevation of working platforms of trestle and extension trestle ladder scaffolds shall not exceed 20 feet above the ground, grade, floor or equivalent surface.” It is just this sort of concrete, specific rule that, if violated, results in liability of the contractor or owner for injuries caused by a scaffold collapse, fall or other scaffolding accident.
Leandros Vrionedes has experience representing victims of construction accidents and other personal injuries and has successfully recovered compensation for workers injured on the job. If you or a loved one has been injured in a New York City construction accident, contact Leandros A. Vrionedes, P.C. for a free initial consultation.