Plaintiff’s Labor Law Violations in New York

Here is a quick synopsis of the law governing injuries sustained in the workplace under the la

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bor law.  It is most applicable to construction workers who are injured while on duty.  If you or a loved one are injured, give our highly skilled lawyers at 800-893-9645 and ask for your confidential consultation.

Introduction:

            In New York, an injured worker may receive compensation for injuries sustained as a result of negligence. In order to bring a successful Labor Law claim, an injured party must  prove  a statutory violation, and,  that such violation was a substantial factor in causing his or her injuries. The three most common claims involve Sections 200, 240, and 241 of the Labor Law.

The Law:

Section 200:  Is primarily a codification of the common law principles of negligence which provides that an employer must furnish a safe work environment including  providing any necessary safety equipment.   The most challenging aspect of  satisfying this prong of the Labor Law is that the injured party must show the defendant had “supervision and control” over the plaintiff’s work; control of the work-site alone is insufficient, (Brennan  v. 42^nd Street Development Project Inc., 10 AD 3d 302), A common example is someone working for a general contractor controlling the injured party’s work.

Section 240; commonly referred to as the “Scaffold Law”  imposes  (strict) or absolute liability upon a contractor and/or owner where the injured party falls from a height, or, where the individual suffers injury from an object that falls from a height. The most common example involves a case where a worker falls from a scaffold, hence the name the “Scaffold Law”.  Alternatively, the injury may have been caused where an object falls onto the individual from work being done above, i.e. a brick falling on a worker below. [Note:  This section exempts owners of one or  two family homes who contract to have work done, but who do not direct or control the work. Section  240 is inapplicable where the injured party was the sole proximate cause of his/her own injuries].

Section 241(6) also mandates that the worker be afforded a safe work environment so that the individuals working on the premises are adequately protected while performing their assigned tasks  Additionally, the injured worker must also show that his or her injury was the result of a violation of a specific section of the Industrial Code, and, that the violation was a proximate cause of the injury, The duty is non-delegable. See  Ross v. Curtis Palmer Hydro-Electric Co, 8 NY 2d 494 (check case cite). [Practice Tip: One may wish to familiarize  themselves with 12  Code Rules and Regulations, Section 23, which is where the Industrial Code can be found. Also, the Pattern Jury Instructions (PJI) serve as an excellent resource]. It should also be noted that courts have regularly held that violations of the Industrial Code must be pled with particularity, not with vague, general allegations. Section 241(6) also exempts owners of one or  two family homes who contract to have work done, but who do not direct or control the work.

While the Labor Law most typically involves construction cases where an individual falls from a scaffold, or other height related situations (Section 240), claims may be brought under Section 241(6) . An example of a Section 241(6)  claim would be where a worker is injured  due to the owner or general contractor’s failure to comply with a specific Industrial Code section,  and, that the violation is a proximate cause of  the injury. Some examples include where the worker was not provided a safe passage, or was not provided with a  specific piece of safety equipment.  Unlike Section 240(1) claims, the comparative negligence of the plaintiff is a valid defense to the action, See, Rizzuto v. L.A.Wenger Contracting Co., Inc,. 91 NY 2d 343 (1998).

Conclusion:

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relate to your company or job, please contact our office. We will be happy to discuss your concerns with you. Call us at 800-893-9645.