Construction Accidents – Cranes and Scaffolding
June 8, 2012 By Alpert Slobin & Rubenstein LLP
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In order to sue a contractor or employer in a scaffolding or crane construction accident, you must prove which section of the Labor Code was violated. Here, it’s important to work with a construction accident attorney who can use accident investigators, collect eyewitness testimony, and expose contradictory statements on the part of construction companies and contractors.
In other states, employers can be held liable for violations of workplace regulations and safety codes as set forth by the Occupational Safety and Health Administration (OSHA). In New York, OSHA regulations are found in Section 1926.550 of the state Labor Code. While OSHA periodically checks work sites for compliance and violations, an OSHA violation by itself is not grounds for a personal injury lawsuit. In New York, only a violation of the New York State Industrial Code serves as grounds for a lawsuit against a contractor or employer.
Construction Site Safety and Scaffolding Accidents
Labor Section 200 requires contractors to provide a safe working environment for workers and lawful visitors at a construction site. Section 240 pertains to the use of scaffolding or other tools used in erecting, repairing, painting, demolishing, or altering a building or structure. If scaffolding is more than 20 feet off the floor, it must be secured and outfitted with a safety rail that accommodates the use and delivery of materials. If a construction worker is injured in a scaffolding accident where violations of Section 240 occurred, the contractor or employer can be held financially liable for the injuries that occurred as a result.
Construction Cranes and Construction Accident Injuries
The following sections of the New York State Industrial Code cover the use of cranes at construction sites:
23.8: Pertains to the use of tower cranes, mobile cranes and derricks
23-8.1: Lists general requirements for the use of cranes
23-8.2: Lists requirements for mobile cranes
23-8.3: Lists requirements for tower cranes
23-81.4: Lists requirements for derricks
23-81.5: Lists requirements for crane operators
Taken together, these requirements are intended to ensure cranes and derricks are stable and sufficiently strong for use. The code requires monthly inspections while specifying what footings must be used, the installation of brakes and locking devices, and requirements on load handling. Under the code, cast iron cannot be used on a crane or derrick and proper guards must be in place where moving parts are involved. If a contractor or employer violates any of these requirements, he can be held liable for injuries and deaths that happen as a result.
Contact New York Crane Accident Attorneys at Alpert, Slobin & Rubenstein
In order to sue a contractor or employer in a scaffolding or crane construction accident, you must prove which section of the Labor Code was violated. Here, it’s important to work with a construction accident attorney who can use accident investigators, collect eyewitness testimony, and expose contradictory statements on the part of construction companies and contractors.
ABOUT THE AUTHOR: Alpert, Slobin & Rubenstein
At Alpert, Slobin & Rubenstein, we understand how to investigate construction accidents and how to expose negligence on the part of construction companies. To schedule an appointment and learn how we can help you, contact Long Island construction accident attorneys at Alpert, Slobin & Rubenstein today.
Copyright Alpert Slobin & Rubenstein LLP
More information about Alpert Slobin & Rubenstein LLP
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Construction Site Safety and Scaffolding Accidents
Labor Section 200 requires contractors to provide a safe working environment for workers and lawful visitors at a construction site. Section 240 pertains to the use of scaffolding or other tools used in erecting, repairing, painting, demolishing, or altering a building or structure. If scaffolding is more than 20 feet off the floor, it must be secured and outfitted with a safety rail that accommodates the use and delivery of materials. If a construction worker is injured in a scaffolding accident where violations of Section 240 occurred, the contractor or employer can be held financially liable for the injuries that occurred as a result.
Construction Cranes and Construction Accident Injuries
The following sections of the New York State Industrial Code cover the use of cranes at construction sites:
23.8: Pertains to the use of tower cranes, mobile cranes and derricks
23-8.1: Lists general requirements for the use of cranes
23-8.2: Lists requirements for mobile cranes
23-8.3: Lists requirements for tower cranes
23-81.4: Lists requirements for derricks
23-81.5: Lists requirements for crane operators
Taken together, these requirements are intended to ensure cranes and derricks are stable and sufficiently strong for use. The code requires monthly inspections while specifying what footings must be used, the installation of brakes and locking devices, and requirements on load handling. Under the code, cast iron cannot be used on a crane or derrick and proper guards must be in place where moving parts are involved. If a contractor or employer violates any of these requirements, he can be held liable for injuries and deaths that happen as a result.
Contact New York Crane Accident Attorneys at Alpert, Slobin & Rubenstein
In order to sue a contractor or employer in a scaffolding or crane construction accident, you must prove which section of the Labor Code was violated. Here, it’s important to work with a construction accident attorney who can use accident investigators, collect eyewitness testimony, and expose contradictory statements on the part of construction companies and contractors.
ABOUT THE AUTHOR: Alpert, Slobin & Rubenstein
At Alpert, Slobin & Rubenstein, we understand how to investigate construction accidents and how to expose negligence on the part of construction companies. To schedule an appointment and learn how we can help you, contact Long Island construction accident attorneys at Alpert, Slobin & Rubenstein today.
Copyright Alpert Slobin & Rubenstein LLP
More information about Alpert Slobin & Rubenstein LLP
View all articles published by Alpert Slobin & Rubenstein LLP
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
