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Statute of limitations for filing a claim under Labor Law 240

There are many safety measures in place at construction sites in New York. These safety measures are imperative to keep the workers safe while working in some very dangerous situations. While there is some risk whenever someone is working at a construction site, certain activities are more dangerous than others. One of these areas is when workers are working at high heights on scaffolding or other equipment.

These situations tend to be more dangerous, because if a mistake occurs or the proper safety measures are not in place, the workers can fall great distances in construction accidents. These falls often times result in severe injuries or even death in certain circumstances. That is why there is Labor Law Sec. 240 in New York. This law gives workers protections and infers liability onto the contractor for any fall that occurs when the proper safety requirements are not followed.

This law differs from workers' compensation as well because it allows for the worker to sue the contractor or company for more damages than are available through workers' compensation benefits. However, the injured worker cannot wait forever to file the claim in court. It must be filed within three years of the accident. There is an exception for city or state projects run by government agencies though. If they are running the job the worker may only have 90 days to file their claim in court.

While the majority of construction workers make it through the day safely, there are some who do not and are injured in construction accidents. Many of these injured workers are injured because of faulty or improperly constructed scaffolding. If this is the case, they may have a claim under Labor Law Sec. 240, but it is important to act quickly to preserve their rights. Attorneys understand how devastating these accidents can be for the workers and their families, and they may be able to assist those who want to pursue compensation.

Source: nycourts.gov, "Statute of Limitations" accessed Nov. 13, 2017

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