Construction projects involve heavy machinery, elevated work, and constant activity, all of which create serious potential injury risks or even loss of life for workers. When contractors or construction site owners fail to meet required standards, any resulting injuries related to that failure may constitute construction negligence. New York State labor laws impose specific safety obligations to protect workers, especially surrounding fall risks. When a hazard on a site causes an injury, the injured party may have grounds for a personal injury negligence claim.
What is Construction Negligence?
Construction negligence occurs when a contractor, subcontractor, site owner, or another responsible party with a duty of care fails to provide a safe working environment. This can include overlooking required safety precautions, providing defective equipment, or ignoring known risks around the site.
If the construction duty of care is violated and an injury occurs, the injured worker can fight for a personal injury claim beyond workers’ compensation. Depending on the circumstances, you could have the right to bring a personal injury claim for construction negligence against the responsible party.
- A negligence claim may provide compensation for:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
Common Construction Hazards
Construction work is inherently dangerous; workers face construction hazards daily. However, personal injury negligence cases stem from injuries directly caused by hazards that could have been prevented by following proper safety measures. Some common examples include:
- Falls from heights due to missing guardrails, harnesses, or other fall protection.
- Falling objects such as tools, debris, or other unsecured materials.
- Uncovered trenches, holes, or ditches that are not clearly marked or protected.
- Defective or malfunctioning equipment that created unsafe working conditions.
- Lack of protective gear, such as approved hard hats, gloves, or footwear.
New York State Labor Laws and Construction Negligence
New York has some of the strongest labor protections for construction workers in the country. Three of the most important statutes that often apply to construction negligence cases include:
Labor Law § 200
Often described as New York’s “common-law negligence” statute, section 200 establishes a broad duty for property owners and contractors to maintain safe worksites. It applies to unsafe conditions like exposed electrical wiring, unguarded machinery, or poorly maintained equipment. This provision requires demonstrating the owner or contractor knew, or ought to have reasonably known, about the hazard and failed to correct it.
Labor Law § 240
This law requires owners and contractors to provide proper fall protection when work is performed at heights. It covers scaffolding, ladders, hoists, and other elevation-related devices. If a worker falls and proper safety devices are missing, defective, or otherwise inadequate, the owner or contractor could face liability.
Labor Law § 241(6)
Section 241(6) requires construction, demolition, and excavation sites to follow detailed safety rules found in New York’s Industrial Code. These rules address issues such as protective equipment, site cleanliness, and how specific tasks should be performed safely. A violation of these standards that leads to an injury can form the basis of a construction negligence claim.
Have Questions? Call Lewis & Lewis.
If you have been injured while working on a construction site, the attorneys at Lewis & Lewis can help you navigate the complexities of your specific situation and explain what benefits you may be entitled to. Our consultations are free of charge. Call (716) 854-2100 to schedule your appointment.
