Generally, there are a small handful of statutes that an injured construction worker can use as part of their effort to obtain compensation for injuries suffered at the job site. Two commons ones are Sections 240(1) and 241(6) of the Labor Law. The first of those two deals with injuries that were in some way “gravity related.” (In other words, something fell on the worker or the worker fell from a height.) Section 241(6) involves circumstances where you are injured because someone did something (or failed to something) that amounted to a violation of New York’s safety regulations. These and other potential claims that an injured construction worker may be entitled to assert often require an in-depth understanding of the law. A skilled New York City construction injury attorney can help you to determine what the best way to proceed is.
As an example of how these types of construction injury lawsuits can proceed, there’s the case of G.Z. G.Z. was injured working on a residential driveway removal and replacement project. He worked for the subcontractor on the project and his injuries were allegedly the result of his supervisor striking him with a crawler-mounted excavator that the supervisor was driving.
The facts of G.Z.’s case made it clear that nothing fell on him from a height and he did not fall from a height himself, so he did not assert a Section 240(1) claim. He did, however, pursue a Section 241(6) claim. The worker asserted that his accident occurred because of a violation of 12 NYCRR 23-4.2(k). That regulation says that workers “shall not be suffered or permitted to work in any area where they may be struck or endangered by any excavation equipment or by any material being dislodged by or falling from such equipment.”