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Sole Fact of a Workplace Fall Falls Short For Labor Law § 240(1) Claim (NY) The New York Court of Appeals recently reiterated that the fact of a workplace fall alone is insufficient to support a summary judgment under Labor Law § 240(1). 0
Robert A. Sgarlato, Esq. Section 240(1) imposes liability in the first instance, regardless of control, supervision, or direction of the work.
General duty to protect health and safety of employees; enforcement. Labor Law §240 was enacted in response to the Legislature’s concern over unsafe conditions for employees who worked at height-related worksites. To fall within the Labor Law's purview, the worker must be engaged in a "protected activity" at the time of the accident. Next » 1. Related Information. The core aspects of this statute, including such language as "scaffolding, hoists, stays, ladders erection, repairing, altering or painting," (which refers to the applicable devices and types of labor performed) … : Appeals, Sanctions, Summary Judgment : Austin, Texas. The statute places liability on owners and contractors who fail to give workers adequate safety equipment. These statutes give workers causes of action to sue contractors and site owners for their injuries. endstream
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The Appellate Division reversed the order denying plaintiff's motion for partial summary judgment on liability, and granted the motion in this action to recover for personal injuries allegedly sustained when plaintiff fell from a ladder at defendant-church while performing electrical work. This section of the labor code is often referred to as the "Scaffold Law.” It requires all scaffolding more than 20 feet from the ground or floor to have a bolted safety rail that spans the entire length and ends of the scaffold, and the scaffold must be fastened in a way that prevents swaying. 141 0 obj
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Generally, this is from a worker falling from a height or a falling object striking and injuring the worker. Section 241-A Protection of workmen in or at elevator shaftways, hatchways and stairwells . .’ Here, it is undisputed that defendants did not direct or control plaintiff’s work, and defendants concede that plaintiff is a covered worker under Labor Law § 240 (1) and § 241 (6). Labor Law §240(1) is a further recognition that workers, due to their weaker economic position, are not in a position to insist upon safe work practices because the workers may then risk losing their jobs. A legacy of supporting injured workers. The Scaffold Law (Labor Law § 240(1)) benefits workers injured on a construction site. NY Labor Law 240; NY Labor Law 241 NY Labor Law 240; NY Labor Law 241 Labor Law §240 was enacted in response to the Legislature’s concern over unsafe conditions for employees who worked at height-related worksites. 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