Construction jobs provide a lot of work and good pay. That said, there are many risks involved when using heavy equipment and aging machinery, not to mention the potentially tight quarters when working in the middle of New York.
Knowing what to do if you have been severely injured is critical to ensure that you receive the compensation you deserve for your losses. The state has developed labor laws that attempt to enforce safe workplaces and reduce the number of claims due to negligence.
Sections 200 and 241(6) of the New York labor laws provide some protection from crush injuries for laborers while working on a job site:
- Law 200 makes it a common-law duty for an employer to provide employees with a safe place to work, also known as common law negligence.
- Law 241(6) is similar, but creates a non-delegable duty on both general contractors and owners to maintain a safe workplace.
Make a claim
To reasonably make a claim under section 200, you must prove that the owner or contractor created an unsafe condition or was fairly notified of the issue and received reasonable time to correct it. If defective equipment caused your injuries, you will likely have to prove that the owner or contractor in charge controlled the method by which you were working or provided you with the defective equipment.
To make a claim under law 241(6), you will have to prove that the contractor violated a section of New York’s Industrial Code, particularly Rule Number 23, which provides protections for individuals working in construction, demolition and excavation operations.
Consulting with a lawyer after suffering a severe crush injury can help bring some clarification to New York’s laws. They can help you prove that a lack of safety equipment, poorly maintained machinery or tools, or another worker’s disregarding or not understanding job site safety rules caused your injury.