Sections 240(1) & 241(6) of the Labor Law provide significant safeguards for consrtruction workers in Buffalo, NY.
The basics of the Labor Law is that laborers are protected from falling and falling objects while on the construction sites Buffalo. Under such circumstances, there is ablsoute liability as against the Owner and General Contractor.
This sounds harsh and it is. Labor Law 240 increases construction costs. Business and insurance companies campaign against the rule in the daily papers, radio and in Erie County.
That all begs the Question. Why have the rule? Is it necessary. The Answer is Yes! Before Labor Law 240(1), Owners would hire the cheapest contractors to do the construction work. If there were no safety devices utilized and workers were hurt or were killed, "too bad". The owner's costs remained low.
The Legislature and Labor Lawyers made the Owner's statutorily liable to force them to only hire firms that provided at least minimum safety devices. It has helped. It certainly has benefited workers and their families.
But as costs are higher, businesses are still lobbying against the rule. The Courts have heard their complaints and have answered by making application of the rule ever narrower. The rule is still on the books and for the unfortunate workers that qualify, they do have some recourse.
That having been said, not all construction accidents involve the Labor Law. Some simply arise when a delivery person attempts to deliver product and a stairway is dangerous because a worker had backed a truck into and damaged the stairs. This amounted to a hidden defect that caused the plaintiff to fall and sustain a knee injury. He was awarded $450,000 for complaints to his knee. There was no surgery.
Each case is different. Our Firm has been handling Labor Law cases on behalf of injured workers for over thirty-five (35) years. Let us see if we can help you.