New York has one of best records for safety in the construction industry. Their scaffold law, in particular, may have something to do with that. The law strictly requires owners and contractors to provide workers with certain safety equipment when they are working in dangerous situations, such as 50 floors above street level. But, does the law only favor employees?

To find out, we asked Joseph P. Awad, the Immediate Past President of the New York State Trial Lawyers Association (NYSTLA). “Actually, New York’s safety laws favor both the employee and the employer. The employee benefits from having construction safety equipment available at the worksite to protect him or her from harm which could result in loss of earnings, permanent disability or death and the inability to support children and spouses. The employer benefits because when injury is prevented, workers compensation insurance rates remain stable.”

“Tax payers also benefit because when workers are injured and are permanently disabled, taxpayer money is often needed to help compensate for the damage caused to the worker and the family through benefits such as Medicaid, permanent disability payments and other social service programs. The Scaffold Law saves taxpayers money because it requires owners and general contractors to take responsibility through private insurance. The owners and general contractors in the legitimate construction industry benefit because they can require subcontractors to follow specific safety procedures at the worksite under the authority of the law.”

Workers compensation vs. litigation

In most states, construction workers injured on the job must file for workers compensation. New York construction workers who are injured on the job may be able to sue their employer under the Scaffold Law. Awad explained, “Workers compensation is provided through the employer’s insurance company so that there is immediate coverage for medical and hospital expenses and a little money to soften the impact of the loss of wages due to the injury. Workers compensation money received by an injured worker, or paid on his or her behalf, must be paid back to the workers compensation insurance company when there is a recovery in a personal injury lawsuit. Also, when a worker is compensated under New York labor laws, workers compensation payments stop.”

Available damages

Injured construction workers in New York might be able to sue the owner or contractor of the building where the injury occurred for a variety of damages. According to Awad, “Damages under New York State Scaffold Law include loss of earnings, medical expenses, rehabilitative expenses, compensation for the pain inflicted, compensation for permanent disability, compensation for the level of impairment of duties and responsibilities as a spouse or a parent, for permanent suffering such as disfigurement and impairment of quality of enjoyment of life.”

If you’ve been injured on a construction site that lacked the appropriate safety equipment, contact a lawyer who understands this law. To contact an attorney, click here.