New York State has a number of laws which have provided protection to workers on the job from being injured. Many of these injuries involve elevation-related risk. Serious injuries can occur to workers involved with the use of cranes and material hoisting on the job site.
New York Labor Law Sections 200, 240 and 241(6) apply to a number of different types of building activity including construction & demolition, alteration of a building involving significant physical change, cleaning and repairing.
Further, New York Labor Law sets forth, under the Industrial Code, rules of the Commissioner of Labor applicable to work sites and for the protection of workers. These rules also pertain to mobile cranes, tower cranes and derricks. As to these devices and machines, they set forth, among other rules, requirements for guarding of moving parts, operation at or near power lines, requirements for footings and outriggers, load hoisting, counterweights for mobile cranes and load ratings.
Cranes have been known to topple over, with very serious injury resulting, even death. Crane stability is very important and the factors that are considering here are freely suspended loads, track, wind or ground conditions, condition and inflation of tires, boom lengths and proper operating speeds.
As to material hoisting, only trained and designated persons are permitted to operate hoisting equipment, which should be operated at all times in a safe manner. Further, operators of material hoisting are required to remains at the controls while any load is suspended.
Under §200 of the Labor Law, workers must have a safe place to work. The law provides that workplaces are required to be so constructed, equipped, arranged, operated and conducted so as the provide reasonable and adequate protection to the lives, health and safety of all persons employed.
Further, under §241 of the New York Labor Law, all areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed.
Work sites are also governed by OSHA [Occupational Safety & Health Administration] and sometimes by municipal regulations.
If you are injured on a worksite, you should consult with your attorney to see if your claim would qualify under New York Labor Laws. If you are injured and cannot return to work, your claim will involve the loss of wages, the loss of any benefits you may have, the loss of future income, the current, past and future costs of medical care and your claim for pain and suffering from the injuries sustained. If the injury results in death of a loved one, you should see your attorney as soon as possible as there are time limits under which claims must be brought. These time limits are known commonly as statutes of limitation. A failure to commence a legal action within the time permitted by law will bar your action in Court.
So, the best rule is see your attorney early and get all of the information you need.