Construction Worker Receives \$6 Million Settlement for Labor Law 240 Violation: What You Need to Know
Construction work is inherently dangerous. In New York, Labor Law 240, often called the “Scaffold Law,” provides crucial protection for construction workers. This law mandates that construction site owners and contractors must provide adequate safety measures to prevent gravity-related accidents, such as falls from heights or falling objects. When these safety measures fail, and a worker is injured, significant settlements can result. Recently, a construction worker received a \$6 million settlement for a Labor Law 240 violation, highlighting the law’s importance and the potential for substantial compensation.
Understanding Labor Law 240
New York Labor Law Section 240, enacted in 1885, is unique to New York and designed to protect construction workers from height-related risks. It imposes strict liability on property owners and general contractors for failing to provide proper fall protection, regardless of fault. This means that if a worker is injured in a gravity-related accident due to inadequate safety equipment, the owner or contractor is liable, even if they weren’t directly negligent.
Key Provisions of Labor Law 240
- Mandatory Safety Measures: Requires contractors and owners to furnish or erect scaffolding, hoists, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices to ensure proper protection for workers.
- Strict Liability: Holds owners and contractors 100% responsible for a worker’s injuries if a violation of Section 240 is proven and the violation was a direct cause of the injuries.
- Specific Types of Work: Covers specific construction work, including alterations, building erection, demolition, cleaning, painting, and repairs.
The \$6 Million Settlement: A Case Study
While specific details of the \$6 million settlement may be confidential, such a substantial award suggests severe injuries resulting from a clear violation of Labor Law 240.
Potential Factors Contributing to a High Settlement Value
- Severity of Injuries: Catastrophic injuries such as traumatic brain injuries, spinal cord damage, multiple fractures, or internal injuries typically result in larger settlements due to long-term medical care and life-altering consequences.
- Lost Wages and Earning Capacity: Compensation for lost income while recovering and potential future lost earnings due to the inability to return to work.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
- Liability: Clear evidence of a Labor Law 240 violation strengthens the case and increases settlement potential.
Types of Accidents Covered Under Labor Law 240
Labor Law 240 applies to accidents involving elevation-related risks. Some common examples include:
- Falls from Scaffolds and Ladders: Accidents caused by defective or improperly erected scaffolds or ladders.
- Falling Objects: Injuries sustained when tools, equipment, or construction materials fall and strike workers.
- Hoist and Sling Accidents: Accidents involving the failure of hoists, slings, or other lifting devices.
What to Do If You’ve Been Injured in a Construction Accident
If you or a loved one has been injured in a construction accident, it’s crucial to take the following steps:
- Seek Medical Attention: Your health is the top priority. Get immediate medical attention for your injuries.
- Report the Accident: Notify your supervisor and ensure an accident report is filed.
- Gather Evidence: If possible, document the accident scene with photos and videos. Collect contact information from witnesses.
- Consult an Attorney: Contact a qualified construction accident attorney experienced in Labor Law 240 cases.
How a Construction Accident Attorney Can Help
An experienced attorney can:
- Investigate the Accident: Determine the cause of the accident and identify all liable parties.
- Assess Your Legal Options: Explain your rights and options for pursuing compensation, including workers’ compensation and third-party lawsuits.
- Build a Strong Case: Gather evidence, interview witnesses, and consult with experts to build a compelling case.
- Negotiate with Insurance Companies: Handle all communications with insurance companies and negotiate for a fair settlement.
- Represent You in Court: If a fair settlement cannot be reached, your attorney will represent you in court.
Understanding Construction Accident Settlements
Construction accident settlements in New York can range from \$50,000 for minor injuries to over \$10 million for catastrophic cases. The average settlement for construction accidents covered by Labor Law 240 increased by 22% in 2024 compared to 2023, reaching over \$1.2 million. Jury awards in successful Labor Law 240 lawsuits also rose, with the average award hitting \$3.5 million in 2024, up from \$2.8 million the prior year.
Factors Influencing Settlement Amounts
Several factors can influence the amount of a construction accident settlement:
- Severity of Injuries: The more severe the injury, the higher the potential settlement.
- Medical Expenses: Current and future medical costs associated with the injury.
- Lost Wages: Compensation for lost income and future earning capacity.
- Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life.
- Liability: The degree of fault of the responsible parties.
- Insurance Coverage: The amount of insurance coverage available.
Common Myths About Labor Law 240
- Myth: Workers’ compensation is the only option.
- Fact: In addition to workers’ compensation, you may be able to file a third-party lawsuit against the property owner, general contractor, or other negligent parties.
- Myth: If the worker was partially at fault, they can’t recover compensation.
- Fact: Labor Law 240 imposes strict liability, meaning that even if the worker was partially at fault, they may still be able to recover full damages.
- Myth: Undocumented workers are not protected under Labor Law 240.
- Fact: New York law clarifies that undocumented construction workers are also protected under Labor Law Sections 200, 240, and 241.
Recent Trends in Labor Law 240
- Increased Enforcement: The New York Department of Labor has increased inspections and enforcement of Labor Law Sections 200, 240, and 241.
- Expanded Coverage: The state legislature has expanded the types of construction work covered under Labor Law 240 to include more specialized tasks such as demolition, excavation, and masonry.
- Higher Settlements and Jury Awards: Data shows the average settlement for construction accidents covered by Labor Law 240 has increased, and jury awards in successful lawsuits have also risen.
Conclusion
A \$6 million settlement for a construction worker injured due to a Labor Law 240 violation underscores the critical protections this law provides. If you’ve been injured in a construction accident, understanding your rights and seeking legal guidance is essential to securing the compensation you deserve.