Are you a construction worker in New York City? You should know NYC-specific construction and labor laws that impact your job.
Construction is a dangerous industry, resulting in nearly one in five of all workplace deaths. But New York City has a few pertinent labor laws that promote your safety on the job.
Knowing these laws can help you understand when your manager or company has violated them, which could assist a compensation claim in the event you become injured.
NYC construction accident lawyers recommend that you know all of the following NYC-specific construction laws:
New York Construction Labor Laws To Know
New York has four specific labor laws that hold construction managers accountable for maintaining safe work environments and preventing injuries. These are the four labor laws all construction workers in NYC should know:
New York Labor Law 196
Labor Law 196 pertains to the safety training hours construction workers must undergo. In 2017, the state passed this law requiring all construction and demolition workers to undergo 30 hours of safety training by December 1, 2019. Then, in 2020, the state amended this law to require an additional 10 hours of safety training.
This labor law also requires all construction job sites to have trained and designated individuals in each of the following roles:
- Construction Superintendent
- Site Safety Coordinator
- Site Safety Manager
These individuals must carry their Site Safety Training cards while on job sites.
New York Labor Law 200
New York Labor Law 200 dictates that construction employers have a general responsibility to provide adequate protections and precautions for their employees. It details that all machinery, equipment, and devices in job sites must be operated, guarded, and positioned to provide adequate protection to all employees.
This general rule applies to all of the following construction-related safety measures:
- Using guardrails while on scaffolding
- Having adequate lighting while using construction machinery
- Using gloves, goggles, hearing protection, and other forms of protective gear while operating machinery
The Scaffold Law (Labor Law 240)
New York’s Scaffold Law is one of the better-known laws within the construction industry. Labor Law 240 dictates safety requirements for construction companies using scaffolding.
Under this law, scaffolding or staging that is more than 20 feet high must have a safety rail that meets certain specifications and must be bolted in place. Additionally, construction companies must ensure any scaffolding they build can hold four times the maximum weight it will hold during use.
The Scaffold Law also creates strict liability for workers who experience injuries related to violating this law. This means the construction manager or company owner may be directly liable if you experience an injury due to unsafe scaffolding. Speak with an NYC construction accident lawyer about holding your employer liable for scaffolding injuries.
New York Labor Law 241
Labor Law 241 requires employers and general contractors to use adequate safety precautions when operating equipment, such as excavation, demolition, and safety equipment. This law is similar to Labor Law 200 and seeks to prevent injuries due to misuse or unsafe equipment operation.
Employers are responsible for monitoring the safety of construction workers, and failing to provide reasonable precautions could leave them liable for any resulting injuries.
New York Workers’ Compensation Laws for Construction Workers
You should also be aware of New York’s workers’ compensation laws concerning construction accidents. Injured construction workers often file workers’ compensation claims to secure compensation equal to the damages they experienced from the accident.
New York law requires most employers to carry workers’ comp coverage. The only exceptions include businesses with fewer than three corporate officers or shareholders. If your employer does not offer workers’ compensation, they’re likely violating the Workers’ Compensation Board of New York.
Workers’ compensation covers workers who experience injuries while completing their job duties. If you were injured on a construction site or while completing job duties in another location, regardless of who was at fault, you can likely claim workers’ compensation.
The New York Workers’ Compensation Process
You’ll have 30 days to give your employer notice of the accident and up to two years to file your claim. Workers’ compensation can provide you with the following benefits:
- Wage replacement benefits
- Medical treatment
- Vocational rehabilitation
The workers’ compensation board will calculate your wage benefits based on two-thirds of your average weekly income.
Consult a New York construction accident law firm for assistance with filing a workers’ compensation claim.
What If a Construction Company Has Violated Labor Laws?
Violating New York’s labor laws is a serious issue. Here’s what to do if your construction company has violated any of the above laws.
Reporting a Violation
If your construction company is in violation of any of the above labor laws, you can make a report to the New York State Department of Labor or file a Workplace Complaint.
If you continue working at your company while waiting for the violation to be resolved, take extreme precautions to protect your safety. These laws are in place to protect you and other workers, and if your company is in violation of them, you may not be safe while on the job.
Meanwhile, if you believe your employer is in violation of Workers’ Compensation Law, you can report it to the NY Workers’ Compensation Board. The penalty for failing to secure workers’ compensation coverage is up to $50,000 in fines for a first offense.
Holding Employers Liable for Accidents
If you’ve already experienced an accident on the job only to discover your construction site violates labor laws, you may be able to seek additional compensation beyond a workers’ compensation claim. Avoid filing a claim until you have consulted a NYC construction accident lawyer.
Claiming workers’ compensation bars you from holding your employer directly liable for your injuries. But if your employer violated labor laws, they may owe you more than you could secure through workers’ comp.
Claiming Compensation for Workplace Violations
If your employer has violated labor laws, you can seek one of three types of claims to request compensation:
- Negligence claims: Claiming your employer failed to take reasonable safety measures to remove hazards and keep you safe
- Strict liability claims: Claiming your employer failed to provide mandated safety equipment or training
- Intentional torts: Claiming your employer intentionally caused you harm
The penalties for each of these types of violations can range in severity. They may include fines, jail time, and revocation of the employer’s business licenses.
While you may hesitate to hold our employer accountable for violations, doing so protects the safety of other workers. You can use the compensation you secure to begin moving forward from your injuries as well, so it behooves you to explore this option if applicable.
Speak with a construction accident lawyer in NYC about which type of claim applies to your case.
Consult a Construction Accident Attorney in NYC
New York’s construction laws are in place to minimize New York City construction accidents. But just because these laws exist doesn’t mean all construction employers follow them to a T.
If your employer is in violation of labor laws or Occupational Safety and Health Administration (OSHA) guidelines, you may be able to hold them directly liable for your injuries.
Our attorneys at William Schwitzer & Associates, PC, have extensive experience with heavy equipment accidents, scaffolding accidents, workers’ compensation claims, and more. We’ll review the details of your case and help you maximize your compensation.
Call us today at 212-683-3800 for your free case evaluation with a NYC construction accident lawyer.
