Labor Law Attorney in NYC
The New York State Department of Labor has created special laws to maintain safety in the workplace and provide outlets for compensation when workers are injured. You can read the full list of worker protection laws on the New York State Department of Labor website by clicking here.
Responsibility of Employers
Employers of construction workers in the state of New York have the responsibility of providing a healthy, safe work environment for all employees. According to §23-1.5 of the labor laws, all employers are required to provide health and safety protection to workers. While employers may not be able to avoid all accidents, they are required to construct jobs in a way that avoids obvious dangers while maximizing safety. If the New York Department of Labor declares that an unsafe work site could have been improved but was not, then this could result in a lawsuit.
Employers are required to make sure that all employees are trained, and comprehend their duties and the way to properly carry out all of their assigned tasks. It is illegal for employers to require an employee to use any equipment which has not been properly maintained and is not in good working condition. As well, all safety devices at a worksite must be maintained and used as they were designed. If these safety devices or safeguards break or are not operable, they must be repaired or restored quickly.
Responsibility of Employees
New York Labor Laws §23-1.6 discusses the responsibility of employees who are at a construction worksite. As an employee, it is important to act with professional conduct and to use all safety devices provided for personal protection. Employees are also not allowed to tamper with safety devices at a worksite or render any safeguards or personal protective equipment ineffective. When employees do not use the provided safeguards and safety equipment, employers may not be held responsible for an accident that occurs.
Hazards to Employees
According to New York Labor Laws, if you are an employee then you have the right to protection from the following hazards at a worksite:
- Overhead hazards
- Hazardous openings
- Falling hazards
- Drowning hazards
- Slipping hazards
- Tripping hazards
- Lack of oxygen in congested areas
- Corrosive substances
- Eye injuries from a lack of protection
If you want to read more about an employer’s responsibility to protect you from these dangers, then you can read
§23-1.8 of the New York Labor Laws. There, you will be informed about an employer’s responsibilities per these laws and will be able to determine whether or not you were fairly treated or if your construction accident injury was avoidable.
Mandatory Protective Wear and Devices
As mentioned above, employers are required to provide any necessary protective equipment devices and clothing. Depending on the construction job you are working on, there will be different safety requirements. Some of the mandatory protective clothing and device requirements in construction include:
- Head Protection: Required when there is an overhead danger, a possibility of falling debris, or if there is a possibility a construction worker could hit his head.
- Waterproof Clothing: If a construction worker is required to work in the rain, snow, or another wet condition, he must be provided with a waterproof coat, pants, and hat.
- Protective Gear for Corrosive Substances: If a construction worker will be working with a corrosive or hazardous substance, he must be issued a proper outfit for this task and approved eye protection.
- Shoes: All construction workers must be provided with waterproof boots if they are required to pass through water, mud, wet concrete, or any other wet footing. As well, these boots must-have safety insoles or be pullover boots with waterproof lining.
- Eye Goggles: Construction workers at risk of eye damage must be given goggles that are appropriate for their task. Tasks that require eye gear include welding, cutting, or burning operations, as well as any task that involves chipping, cutting, or grinding materials in a way that causes particles to fly toward the face.
Hire a New York Construction Accident Lawyer
If you have been injured in a construction accident incident, then you need to talk to a New York personal injury attorney at The Law Office of Richard M. Kenny today. Our firm may be able to use the provisions within the New York Labor Laws to your benefit and help you to seek just compensation for your injuries. The New York Labor Laws apply to all persons who are involved in construction, demolition, or excavation operations in the United States; under them, all workers have the right to safe working conditions. If you believe that you have a case, do not hesitate to contact our firm. While some employers may claim that you do not have a valid case due to the circumstances, you should always double-check by talking to a lawyer. Call (212) 421-0300 or send an email message today to learn more.