Summary:

In this episode, Mark explains how New York’s Labor Laws protect construction workers injured by defective tools, unsafe equipment, or hazardous job-site conditions. Attorney Mark Shirian outlines who can be held responsible, including property owners, general contractors, and even manufacturers when product defects are involved. He discusses the strict liability imposed by the Scaffold Law, how comparative negligence may apply under general negligence claims, and the role OSHA plays in investigating accidents. Common causes like ladder falls, falling materials, and poor training are highlighted, along with the profit-driven shortcuts some companies take that put workers at risk. Shirian emphasizes the importance of immediate steps after an accident such as hiring an attorney, taking photos, collecting witness statements, and conducting expert inspections.

Labor Laws That Protect Construction Workers

New York has some of the strongest worker protection laws in the country. Labor Law 240, often known as the Scaffold Law, protects workers from gravity-related accidents—like falls from ladders or scaffolds, or when equipment or materials fall from above. Under this law, property owners and general contractors have a non-delegable duty to ensure that worksites are safe and properly secured.

In addition, Labor Law 241(6) allows workers to sue for specific violations of the industrial code, and Labor Law 200 permits claims under general negligence. Together, these laws give injured workers multiple avenues to pursue justice and compensation after an accident.

Who Can Be Held Responsible?

According to Mark Shirian, property owners and general contractors can both be held liable when defective tools or unsafe conditions cause an accident. The Scaffold Law enforces strict liability, meaning they are responsible even if they weren’t directly negligent or if a subcontractor was involved.

This means if a worker is injured due to an unsafe scaffold, malfunctioning lift, or collapsing structure, the owner and general contractor can still be fully liable—regardless of whether the worker contributed to the accident.

What If the Worker Was Partially at Fault?

Even if a worker misuses equipment or doesn’t follow safety procedures, they can still pursue a claim under Labor Law 240. As Mark explains, “An injured worker’s own negligence is not a defense under the Scaffold Law.”

However, under Labor Law 200, where general negligence applies, comparative negligence can reduce the damages if the worker’s actions contributed to the accident. Insurance companies often use this as a defense, arguing that the worker failed to use the tools properly or ignored safety training.

When Manufacturers Are to Blame

If a defective tool or machine directly causes the injury, the manufacturer or distributor can also be sued under product liability law. This applies if there’s a design flaw, manufacturing defect, or lack of proper warnings.

Shirian explains that attorneys look for key evidence such as missing safety labels, lack of recall compliance, or proof that the employer continued using a defective product even after learning it was unsafe. In many cases, these details can make or break a claim.

Common Causes of Construction Site Accidents

Mark notes that ladder accidents, falling materials, and inattentiveness—often due to distractions or lack of training—are among the leading causes of job site injuries. Many construction companies prioritize profits over safety, cutting corners on supervision and training.

“Profits over people is something we see too often,” Shirian says. “A lack of proper training and attention can turn a normal workday into a tragedy.”

The Role of OSHA in Construction Site Investigations

The Occupational Safety and Health Administration (OSHA) plays a critical role in enforcing workplace safety standards. Employers are required to maintain safe conditions and report serious accidents to OSHA.

When OSHA investigates a site after an incident, their findings—such as citations or violations—can provide strong evidence for an injured worker’s case. OSHA’s mission is to ensure that every worker has the right to a safe workplace, proper safety training, and protection from retaliation for reporting hazards.

What Injured Workers Should Do After an Accident

If someone is injured on a construction site, Shirian advises taking immediate action:

• Hire an attorney right away. A lawyer can help preserve evidence and begin building the case.
• Take photographs of the site and equipment.
• Get witness statements. Coworkers are often key witnesses, though some may hesitate to speak out for fear of losing their jobs.
• Arrange for an expert site inspection. Attorneys often bring in construction experts to identify safety violations and establish liability.

“Without these steps, it’s very hard to frame the case properly,” Shirian emphasizes.

Final Thoughts

Construction accidents involving defective tools or equipment can have life-changing consequences. Whether the issue stems from unsafe working conditions, equipment failure, or negligence by an employer or manufacturer, workers have legal rights to pursue compensation and accountability.

For more information or legal help, visit shnpc.com to contact Mark Shirian.