Labor Law 240/241

Construction Injuries Involving a Ladder or Scaffolding

The labor law sections 240 and 241 of the New York statutes concern individuals who are injured or killed in incidents involving scaffolding or a ladder. Construction workers are engaged in dangerous work as a matter of course, but when the proper precautions are taken, construction injuries do not occur. Unfortunately, many construction workers are seriously injured or killed every year, often due to unsafe conditions or accidents that could have been prevented.

Representing the Injured and Families of the Deceased

Individuals and families who are hurt by Section 240/241 accidents can receive experienced legal representation from Gacovino, Lake & Associates. These scaffolding/ladder injuries and fatalities are a special matter with laws that are distinct from those that cover other construction site injuries. Sections 240 and 241 impose “strict liability.” This is different from laws that require an injured individual (or his/her survivors) to prove negligence on the part of an employer—if a construction worker is hurt or killed in a scaffolding or ladder accident, the plaintiff (the injured person) does not have to prove that the employer or another responsible party knew about or caused the dangerous conditions that resulted in the injury.

Work on Scaffolds and Ladders Is Dangerous

Scaffolding- and ladder-related work exposes a worker to many types of dangerous scenarios, such as:

  • Falling from a ladder or scaffold due to slippery material
  • An object, construction material, or debris falling from above
  • Electrocution by nearby power lines or electrical equipment
  • The collapse of a scaffold or ladder
  • A fall from a scaffold or ladder because of its overloading or unbalanced load
  • A fall due to lack of safety gear
  • A forklift, crane, or other construction equipment crashes into the ladder or scaffolding

The Complexity of Section 240/241 Cases

No matter what the circumstances of an accident involving a ladder or scaffold in New York State, the injured person should learn about his or her legal rights under Sections 240/241. These cases merit close attention from a law firm that is very familiar with these laws. For example, there are several parties that may be a defendant in a 240/241 case, including:

  • The construction site owner
  • The construction company employing the injured person
  • A subcontractor
  • The manufacturer of the scaffolding, ladder, or other equipment
  • An entity such as a city or county, or another private corporation

If you have been injured in a New York construction accident involving a ladder or scaffold, contact Gacovino, Lake & Associates today to arrange a free initial consultation. We will discuss your specific circumstances to determine how we can help you.

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