OSHA is investigating the death of a construction worker who died due to injuries sustained at the Wynn Boston Harbor construction site in Everett, Massachusetts on Tuesday according to a report by Fox 25 News in Boston. The exact circumstances are still under investigation.
In New York, construction accidents such as the one described above touch upon various aspects of personal injury law, including the Labor Law and Wrongful Death Law. The law firm of Queller, Fisher, Washor, Fuchs & Kool, LLP has over 50 years of expertise in handling construction accident and wrongful death cases. Based on our experience, our legal analysis of this accident under New York law would necessarily involve these two aspects of the law. The New York Labor Law Section 240 was enacted to protect workers from height or gravity-related accidents. Although often called the “Scaffold Law,” it also can involve construction workers injured by materials which have fallen from a height due to improper hoisting, securing, etc. This law imposes absolute liability on owners and general contractors who violate its terms resulting in injuries to workers lawfully on the premises.