Workplace Safety (OSHA) · California & New York
Construction Site Safety Attorney
Dealing with a construction site safety issue? Our California & New York employment attorneys can help you get the compensation you deserve.
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Your Employment Rights in California & New York
If you have experienced construction site safety, both California and New York law provide strong protections. You may be entitled to:
- Back pay and lost wages recovery
- Compensatory damages for emotional distress
- Punitive damages in cases of egregious conduct
- Attorney's fees and litigation costs paid by the employer
Construction Site Safety FAQ
What special safety rules apply to construction sites?
OSHA's construction standards (29 CFR 1926) establish detailed requirements for fall protection, scaffolding, excavation, electrical safety, crane operations, and hazard communication specific to construction. California's Cal/OSHA Title 8 adds additional construction-specific requirements. New York Labor Law §§ 200, 240, and 241 impose strict duties on property owners and general contractors for construction site safety.
What is New York's Scaffold Law?
New York Labor Law § 240(1), known as the Scaffold Law, imposes absolute liability on property owners and general contractors for gravity-related injuries on construction sites — including falls from heights, falling objects, and similar hazards. This is one of the strongest worker protection statutes in the nation. The owner/contractor is liable even if the injured worker was partially negligent.
Can I sue beyond workers compensation for a construction injury?
Yes. While workers compensation is the exclusive remedy against your direct employer, you can sue third parties — including property owners, general contractors, subcontractors, and equipment manufacturers — for negligence. In New York, Labor Law §§ 240 and 241(6) provide statutory causes of action against owners and contractors independent of negligence. California allows third-party suits with comparative fault.
What should I do immediately after a construction site injury?
Report the injury to your supervisor immediately and get medical treatment. Document the scene with photos if possible. Identify witnesses. File a workers comp claim promptly. Report the incident to OSHA/Cal/OSHA if a serious injury or fatality occurred (employers are required to report within 8/24 hours). Consult an attorney before giving recorded statements to insurance companies.
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