The construction industry in New York faces a serious labour shortage right now. Employers, in seeking to hire workers needed to complete contracts, may be forced to hire people with inadequate training or experience. This can lead to more on-the-job injuries, resulting in more lawsuits.
In construction, more than in any other field, workers who are not experienced or have not received proper training are more likely to be involved in workplace accidents that lead to injuries, either of themselves or their co-workers.
In New York, workers injured on the job are entitled to benefits through Workers’ Compensation. Even if the injury was caused by the worker’s lack of ability, as long as it wasn’t due to their own negligence or failure to follow set rules, they will still be entitled to workers compensation benefits. Therefore, employers may find themselves having to deal with a barrage of claims.
In addition to Workers’ Compensation claims, injured construction workers in New York can bring legal action against third parties who may be liable for their accident. This can be especially problematic when dealing with cases brought under New York Labor Law Section 240, known as the Scaffold Law. Under this statute, owners and general contractors can be held liable when workers who are injured engage in covered activities involving elevation-related risks. This is true even if it was the worker’s actions that caused the accident, as long as it is determined that they were not provided with proper safety equipment.
For example, an experienced construction worker would be more likely to recognize when a scaffold was not assembled properly and would ensure that any problems were corrected before using it. However, a worker without proper training or with limited experience may not realize that the safety device provided was not adequate, and may become injured as a result of using it.
In addition to the Scaffold Law, New York’s Labor Law has other provisions that can shift liability to other parties when a construction worker is injured on the job. So, if an owner of a general contractor directs and supervises the work of a subcontractor’s employee who is not familiar with the job, they could be held liable if that employee is injured while performing activities that a more experienced worker would have known to be unsafe.
Legal actions by injured employees can have a negative impact on any business. Multiple Workers’ Compensation claims can cause premiums to rise. Claims by an employee against an owner or general contractor may trigger the indemnification clause in a contract. If it happens enough times, it can also negatively affect an employer’s reputation in the industry.
Because of this, employers should take into consideration the increased risk inherent in having insufficiently trained or under-experienced workers on their job sites. Tasks that would be commonplace and easy to perform for trained, experienced workers could lead to injuries to workers who lack this training and experience. These injuries could lead to costly legal action that can impact not only the employer but the parties that hired them for the job. So, even in these times when construction companies are faced with labour shortages that may make it impossible or difficult to take on jobs, it is important to be sure that the people hired are prepared for and capable of performing the job, and are knowledgeable enough to recognize workplace dangers.
