With the $1.4 billion dollar expansion of the Javits Center approved and the West Side Stadium Project gaining support, construction jobs in New York will experience a boom over the next several years.
That is good news economically for New York, however, for construction workers facing the potential repeal of worker safety laws, working in the construction industry in New York may become more dangerous than ever.
The Insurance Industry and big business are pushing to repeal Labor Law Section 240, a safety law that protects construction workers in New York. Although injured construction workers are entitled to receive benefits through Workers’ Compensation, more often than not the compensation awards are inadequate.
Construction workers injured because of a lack of proper safety equipment, however, have been able to receive adequate compensation through the application of Labor Law Section 240. However, this law is now at risk.
Under Section 240 the owner or General Contractor of a construction site can be held absolutely liable for injuries caused by failure to provide adequate safety equipment to construction workers working at a height.
Accidents that are covered by Labor Law Section 240 include those caused by negligent construction and maintenance of a scaffold, ladder or platform; by a failure to provide workers with safety equipment, such as harnesses or safety lines; or by a failure to properly secure a load before hoisting or by a failure to cover and secure floor openings. These accidents result in thousands of injuries yearly.
Section 240 plays a vital role in ensuring worker safety by providing an incentive to Owners and General Contractors to hire responsible contractors who will ensure that equipment is safe and workers are trained.
Without this law employers would be more likely to cut corners by spending less on safety and hiring unskilled, untrained workers.
Workers performing jobs at a height require special protection. According to the Department of Labor, falls are leading cause of fatalities in the construction industry.
Recent statistics found that out of a year end total of 233 worker fatalities in New York State, 52 of them were related to construction work, making the construction industry the largest overall contributor to worker fatalities in the State. Despite these extreme dangers, and the high fatality rate for the construction industry, the legislature will once again consider repealing Section 240.
Bonina & Bonina, P.C. recently launched a new Website to specifically address industrial and job related injuries. If you would like to contact your State Senator and voice your objection to the repeal of these important worker safety laws you can download a letter by visiting www.joblaw1.com.
Bonina & Bonina, P.C. has been fighting for injured workers for over 40 years, and we will continue this fight by opposing any repeal or modification of Labor Law 240. |
