To be covered by the laws, a worker has to be engaged in a covered activity: “the erection, demolition, repairing, altering, painting, cleaning or pointing of a building.”Ĭourts have held that a fall from a ladder which is not secured that moved establishes a prima facie case entitling a claimant to a judgment under the Scaffold Law where there is no evidence of any other intervening cause of the accident.īut a recent New York Court of Appeals case limited the scope of the Scaffold Law and drew a distinction between “cleaning” activities covered under the statute and cleaning in a more general sense. The law imposes virtual absolute liability when an owner or contractor fails to provide adequate protection for workers engaged in certain “gravity related” risks. Today, while every other state has abandoned the law, the law remains on the books in New York. Long before skyscrapers dotted the Manhattan skyline, New York followed many other states in enacting what is called the Scaffold Law. What makes the incident reported by Gothamist stand out is the law that applies-a law that dates all the way back to 1868. The study was based on statistics compiled by the OSHA between 20. It is worth noting that, in a study compiled by the Center for Popular Democracy entitled Fatal Inequities, 74 percent of the fatal falls in New York City construction accidents alone involve Latinos or immigrants. Workplace injuries happen every day, though most with less tragic consequences. The university immediately shut down work on the project to ensure that proper safety protocols were being followed by contractors. The worker was rushed to Belleview hospital but did not survive. As related by, a worker at New York University fell from a scaffold and plummeted six stories onto an apartment roof.
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