Navigating Liability Claims in the Construction Industry
As a liability claims adjuster in New York State, it is important to have a solid understanding of labor laws related to the construction industry. In particular, Labor Law sections 200, 240, and 240(1) are crucial to understand when dealing with claims related to accidents on construction sites.
Labor Law section 200, also known as the “common law duty,” outlines the responsibility of a property owner or general contractor to provide a safe workplace for employees and other individuals present on the construction site. This law requires property owners and general contractors to take reasonable precautions to protect workers from any hazardous conditions on the job site. The duty under this law is not absolute, but rather, it requires the exercise of reasonable care under the circumstances. A violation of Labor Law section 200 can result in liability for a property owner or general contractor in the event of an accident.
Labor Law section 240, commonly referred to as the “Scaffold Law,” imposes strict liability on property owners and general contractors for accidents involving certain types of elevation-related hazards. This law places responsibility on property owners and general contractors to provide proper safety equipment, such as scaffolds, hoists, ladders, and other devices, to protect workers from falls or falling objects. If an accident occurs due to a violation of Labor Law section 240, property owners and general contractors may be held strictly liable for any resulting injuries or fatalities.
Finally, Labor Law section 240(1) specifically addresses injuries resulting from the improper use or lack of safety equipment, such as scaffolds or hoists. This section imposes strict liability on property owners and general contractors for injuries resulting from the failure to provide or properly maintain safety equipment. Additionally, contractors and owners are required to ensure that workers receive proper training on the safe use of equipment.
As a liability claims adjuster, understanding these labor laws is crucial when evaluating claims related to accidents on construction sites. It is important to determine whether a violation of any of these laws contributed to the accident and resulting injuries or fatalities. If a violation is found, liability may be imposed on the property owner or general contractor, and it is the adjuster’s responsibility to properly evaluate the damages resulting from the accident.
Labor Law sections 200, 240, and 240(1) are important laws to understand as a liability claims adjuster in New York State. These laws help ensure that workers on construction sites are provided with a safe work environment and proper safety equipment. By understanding these laws, adjusters can effectively evaluate claims related to construction accidents and determine liability for any resulting injuries or fatalities.
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