To address this business risk, owners must acquire substantialĪmounts of insurance coverage, and those costs are substantially higher Intentionally refused to follow safety systems or use safety equipment Proximate cause of the injury or is deemed a recalcitrant worker that
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Most cases are settled out of court to avoid the costs of a trial andĪn owner can be relieved of liability if the worker was the sole There are few legal defenses available to owners and in practice In addition, workers can recover under the Scaffold Lawīeyond statutory worker's compensation benefits. Independent contractor over whom the owner exerts no control or Owners have been held absolutely liable in instances where workersįell from fifteen inches and even when a job is performed by an Outside of New York, the potential damages to an owner typicallyĭecrease in proportion to the fault attributable to an injured worker.Ĭonversely, in New York an owner's liability is viewed as limitlessĭue to the strict liability standard. Legislature to repeal the law entirely or modernize it and bring it in They are seeking reform of what they view as an archaic law, asking the Injury, ignoring the worker's contributing fault to the injury. New York that imposes what is viewed as strict liability for worker They assert that no other state has a Scaffold Law like Opponents of New York's Scaffold Law are not opponents of To erode the Scaffold Law and remove or modifyĪbsolute liability, they assert, will undermine the safety incentives of Those who adhere to these standards are not subject to theoretically Properly penalizes those who fail to meet required safety standards. These advocates contend the liability imposed is not draconian but Onus on the project owner and general contractor to protect their More importantly, supporters argue the law appropriately places the It also protects immigrant workers whose languageīarriers hinder the ability to demand safe working conditions.Īdditionally, workers need not fear possible termination or retributionįrom employers for demanding protective equipment and systems. Non-union laborers who may lack access to safety training and equipmentįrom their employers. Proponents champion the law as protecting workers in one of the Owners of one- and two-story family dwellings are exempt. Statutory violations proximately cause the worker's injuries. This duty is non-delegable and applies when Prevent worker injuries sustained when falling from above and from being Through these systems and equipment, the law expects owners to Owner and general contractor, parties who are allegedly best able to New York State's current law purportedly incentivizes safetyīy shifting the burden to be safe from the individual to the project In New York they account for a majority of the lawsuits filed that Non-fatal injuries far exceed these numbers. Contact with objects andĮquipment accounted for 3. Falls, slips, or tripsĪccounted for 11 of the worker deaths. In 2013,17 were in the construction industry. The leading cause of death was falls, accounting for 294 out of 796īLS statistics note that of 56 fatal work injuries in New York City The Bureau of Labor Statistics (BLS), out of approximately 3,929 workerįatalities in private industry in CY 2013,796 or 20.3% were inĬonstruction-that is, one in five workers. Here is the scope of the safety problem: According to OSHA and Workers it protects and those who demand reforms for a more reasonable The law applies to elevation related injuries arising during Rise, it was an early measure to protect workers from unsafe conditionsĪs vertical construction reached new heights. Sustain gravity related injuries, without regard to their contributingĭerived from an 1885 law passed when skyscrapers first started to
Known colloquially as the Scaffold Law, the statute imposesĪbsolute liability upon owners and general contractors when workers Greater debate whether it should remain than Labor Law 240. Perhaps no other law in the New York construction industry prompts APA style: Big questions surrounding NY Scaffold Law.Big questions surrounding NY Scaffold Law." Retrieved from
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