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What is New York’s Scaffolding Law for?

As part of protecting the workers in construction sites, the New York Code Section 240 of the state’s Labor Law ensures that construction workers who work with scaffolding are properly protected against the dangers that come with the job. It holds the owners and contractors accountable for any injuries that resulted in violating the safety standards required by the Labor Code and open them up for lawsuits that injured employees can file against them. As long as the injured party can provide evidence of negligence and safety violation, he or she has the right to sue the employer. Many advocated of the Scaffold Law believe that it helps uphold the safety standard necessary to protect workers from any type of accidents caused by faulty scaffolding.

However, earlier this year the Scaffold Law is being argued against it proclaiming it as a frivolous law, and puts unnecessary emphasis on the employer’s liability rather than the worker’s personal responsibility for safety. They aim to make the law rewritten to favor comparative negligence that would also take into account the carelessness or negligence of the worker. This would help provide some space that would limit the legal and financial liability of the employer.

According to the website of Hach & Rose, LLP, injuries from scaffold accidents can last a lifetime, which is why the Scaffold Law is vital in protecting workers from injuries through safety equipment and training. Workers’ usually only resort to suing companies and employers when they have been denied of workers’ compensation. This benefit is made to help in financial issues following a workplace injury, however if the injury is permanent, it may be possible to apply for a SSDI claim. This is an important benefit that would provide financial aid to those who have suffered and illness or injury caused by employment, although it can be difficult to get approved because of the requirements and long application process.

Despite the opponents of the scaffold law lobbying against it, many still believe that the law is important, as its aim is to prevent workers from being in unnecessarily dangerous situations.