NY PERSONAL INJURY LAW:
Labor Law 241(6) negligence cases based on an industrial negligence

There are many essential businesses in New York that have complex operations. This includes food processing plants, shipping facilities, oil refineries, chemical plants and pharmaceutical companies, among others. No matter the industry, there will be workers and wherever there are workers there will be workplace accidents as well. It does not matter whether you work in an office, in a factory or on a construction site, the risk of suffering a life changing workplace injury is present everywhere. These injuries normally take place due to inadequate safety protections and/or the use of defective equipment. These injuries can leave long term effects and render people unable to support themselves and their families.

If you or someone that you know has been hurt in a workplace injury in New York, then you should contact an experienced New York City personal injury lawyer at the Stern Law Firm.

Common places of industrial accidents

New York industrial accidents are likely to occur wherever heavy machinery or equipment is being used including warehouses, ships, refineries, factories, plants, mills and more. Workplace accidents happen in a split second and often occur due to a wide spectrum of factors. These accidents can occur because of defective products, flawed design, malfunctioning parts, inadequate safety precautions, and human negligence to name a few. The type of worked being performed, such metal work, oil work and construction also plays a role in this. All of these industrial sites, including construction worksites, are usually dangerous and require any safety concerns to be met immediately. All too often, however, industrial safety laws are neglected, and as result workers and other individuals can be injured or killed. It is important for anyone who has suffered an injury like this to be aware of the legal options that are available to them to protect their personal rights.

Liability for industrial accidents under the New York Labor Law

Labor laws in New York are strict and provide major protection to the employees. Under the labor law, employers are obligated to provide safe working conditions to their employees and if they do not, then they will be held liable for any injury that is caused to their employees due to their own negligence. Every year, millions of industrial and construction site workers die or get seriously injured which is why such strict labor laws are important. If you or a loved one has been involved in one of these accidents, it is imperative for you to find a lawyer in New York City who has dealt with these types of cases before and understands the appropriate law(s) to apply in order to make a successful personal injury claim.

What does Labor Law, Section 241(6), state?

Section 241(6) of the New York Labor Law states: “All areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places.” (1)

In addition to this, the Commissioner can make rules that will allow him to ensure the effect of the provisions along with the owners, contractors and their agents. However, this does not apply to owners of one and two-family dwellings who contract for but do not direct or control the work. Under the first sentence, the contractor or owner shall be held liable for negligence if an accident took place in the said person’s supervision or control. Furthermore, the said owner or contractor can also be held liable for any violation of a rule that led to an accident whether negligence can be proven, or not.

Steps to Take After an Accident

Industrial accidents are often traumatic. Worksites contain hazards that put you at risk of injury every day. After a workplace accident, it is normal for you to be in pain, feel stressed and be shocked as well. In any case, it’s important to make an effort to take all the necessary steps to protect yourself.

Seek medical assistance: If you have been involved in a workplace accident, then the first thing that you need to do is seek medical help. Nothing comes before your own health.

Report your accident: Report the incident immediately to your supervisor and employer. Make sure they create a report, as this may be used in your case.

Capture pictures of the incident: It is important for you to capture as many pictures of the accident as quickly as possible. These can be used as a proof later.

Make note of witnesses: If anyone saw what happened, write down their names and phone numbers. They can serve as witnesses and provide statements to the insurance company to confirm your version of events.

Maintain records: Keep all documents associated with your case. Keep copies of your medical records, insurance company letters, and anything else you can use as evidence of your injury and medical
treatment.

Recovering Compensation for getting injured at Work

You will be entitled to compensation if you suffered any injuries due to the negligence of another party. When you get hurt on a worksite, fighting for compensation will be one of the most important things you do. Do not trust just any attorney with your personal injury case. Even if you are entitled to money for the injuries that you incurred, securing those funds can prove difficult as the insurance companies and even the negligent party will try to fight you on the case. Hire the services of a competent New York City personal injury lawyer at the Stern Law Firm that has dealt with complex PI cases many times before.

1 New York Labor Law, Section 241(6)

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