In 2022, 6,700 New York State construction workers were reported to have been injured on the job, according to the U.S. Bureau of Labor Statistics, impacting nearly one out of every 50 individuals employed in our industry. Two thirds of those injuries resulted in lost work days, impacting construction sites of all kinds, all across the Empire State.
Each one of those incidents also was a potential opportunity for a lawsuit, and in fact, safe place to work lawsuits have been on the rise in New York State, the result of several factors, including stricter enforcement of workplace safety regulations, increased awareness of employee rights, and the potential for substantial financial settlements or judgments in personal injury cases.
New York State’s Scaffold Law
The Scaffold Law, also known as New York Labor Law Section 240 as well as Sections 241 (6) and 200, significantly contributes to this issue.
- Stringent Liability Standard: The Scaffold Law imposes strict liability on property owners, contractors, and their subs for injuries resulting from gravity-related accidents at construction sites. Parties can be held liable for injuries suffered by workers, regardless of fault, if they fail to provide adequate safety equipment and safeguards.
- High Stakes Litigation: The strict liability standard under the Scaffold Law often leads to high-stakes litigation, as injured workers may pursue substantial compensation for their injuries, including medical expenses, lost wages, pain and suffering, and future care costs. This can incentivize plaintiffs’ attorneys to aggressively pursue safe place to work lawsuits. In addition, with the Courts requiring more to win the strict liability suits under Section 240, the plaintiffs’ attorneys are turning to the easier, though less lucrative, Section 241(6) and 200 lawsuits.
- Increased Construction Activity: New York State has experienced a significant increase in construction activity in the post Covid era, leading to more workers being exposed to potential hazards at construction sites. With more construction projects underway, the likelihood of accidents and injuries also increases, resulting in a higher number of safe place to work lawsuits.
- Complex Worksite Hazards: Construction sites inherently pose numerous hazards and risks to workers, including falls from heights, falling objects, scaffolding collapses, and other gravity-related accidents. Educating workers on safety practices and ensuring a safe working environment in compliance with safety regulations and standards can be challenging, particularly on complex construction projects.
- Legal Precedents and Interpretations: Over time, legal precedents and interpretations of the Scaffold Law have expanded the scope of liability for property owners and contractors, making it increasingly difficult for them to defend against safe place to work lawsuits. Courts have generally interpreted the law broadly to favor injured workers, further contributing to the rise in litigation. In addition, keeping up with the Courts’ interpretation of insurance coverage and terminology as been one of our biggest challenges.
All of the factors above underscore the importance for developers, property owners, contractors, and employers to prioritize workplace safety and compliance with safety regulations to mitigate the risk of accidents and legal liabilities. Marshall + Sterling is committed to helping your firm have the highest safety standards, so you can protect your workers and your business. Let us know how we can help you.
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