Maintaining New York’s high-rises is important but dangerous work. If you or someone you love was hurt cleaning windows, working on a facade, or otherwise taking care of a high-rise, you should know that the law protects you.
In fact, New York has some of the strongest worker protection laws in the country for work at high elevations, and the burden is on employers and building owners, not workers, to ensure safety.
Chopra & Nocerino has helped many New York workers get justice, and we are committed to fighting for injured window washers and high-rise maintenance workers hurt on the job. Whether you or someone you love suffered harm, we can help you. We are real New Yorkers, and we fight for you.
Call our team today at (855) NYC-HURT or contact us online to speak with a New York City construction accident lawyer with decades of experience and the backing of a firm with extensive resources and a stellar track record.
KEY TAKEAWAYS
- New York has strong laws protecting window washers and high-rise maintenance workers, including Labor Law § 240.
- Workers may be able to hold owners, contractors, and their agents strictly liable for gravity-related injuries.
- A New York construction accident lawyer can help injured victims to understand their options for pursuing justice.
Why Window Washing and High-Rise Maintenance Work Cause Catastrophic Injuries
In many cases, when a high-rise maintenance worker suffers injury, the injury is catastrophic. Maintenance employees doing work on skyscrapers and other tall buildings are typically very high off the ground and are exposed to the elements. They face serious risks, including:
- Falls from suspended scaffolds, rope descent systems, building maintenance units (BMUs), and ladders.
- Equipment failure, including uncertified anchors, frayed lines, defective harnesses, and unmaintained motorized platforms.
- Falling objects and weather-related accidents, such as incidents involving wind, ice, or sudden gusts on suspended platforms.
When equipment falls, a fall happens, or something else goes wrong, a fall from an elevated height could be deadly or cause life-changing injuries.
New York Laws That Protect Window Washers and High-Rise Maintenance Workers
While general workplace safety laws apply in New York, some dedicated rules protect employees who perform high-elevation work because of the enhanced risks they face.
Here’s what you need to know about New York’s scaffolding laws and laws protecting window washers.
Labor Law § 240: The Scaffold Law
New York’s Scaffold Law, which is codified in Labor Law § 240, imposes strict liability on building owners and general contractors if:
- Workers suffer a gravity-related injury
- They are hurt because of inadequate safety devices
- This happens while they are doing covered work at elevated heights.
New York courts have recognized high-rise window washing as a protected “cleaning” activity under the statute. This means that injured workers may have a claim even if their own actions contributed to the accident, unless their actions were the sole direct cause of the incident. In general, worker negligence typically isn’t a defense.
Labor Law § 202: The Window Washer Statute
New York Labor Law § 202
specifically requires owners, lessees, agents, managers, and contractors of public buildings to provide safe methods for cleaning windows and exterior building surfaces.The law requires these individuals to follow applicable safety rules, including New York Industrial Code Part 21 rules related to anchors, structural features and fall protection equipment. However, Section 202 applies primarily to public buildings only and typically not to buildings with six stories or fewer. The rules also differ for one- and two-family homes.
Supporting Protections: Labor Law Sections 200 and 241(6)
Labor Law § 200
codified into law the general duty that property owners have to provide workers with a reasonably safe workplace. A failure to do so could lead to liability.Labor Law § 241(6)
could also apply if window-washing or façade work is performed as part of construction, demolition, or excavation activities. This law allows injured workers to pursue claims based on violations of specific Industrial Code safety regulations.Who Can Be Held Liable When a Window Washer or High-Rise Worker Is Hurt?
It is important to determine who can be held responsible after window washer and high-rise maintenance accidents in New York. While workers can pursue a workers’ comp claim, they can also use the personal injury claims process to bring a window washer fall lawsuit against any third parties.
Since liability can extend beyond a direct employer, it’s often possible for injured workers to get more damages than they could collect from a workers’ comp claim alone.
These are some other parties that could potentially be responsible:
Building Owners and Property Managers
Building owners and property managers have certain obligations under New York law to provide a safe approach to window cleaning and exterior maintenance work.
Under Labor Law § 240 and Labor Law § 202, they can potentially be held liable if they don’t provide compliant anchorage systems, adequate fall-protection measures, or structurally safe access for workers who are performing tasks at high elevations.
General Contractors and Cleaning Companies
General contractors and sometimes cleaning companies can be held responsible for harm if they fail to properly supervise work, don’t provide required safety equipment, or don’t follow safety regulations.
They may also be required to comply with OSHA’s Rope Descent Systems Standard, which was codified in 29 CFR 1910.27. This law establishes requirements for anchors, inspections, training, and fall-protection systems that should be used during suspended window-cleaning operations.
Equipment Manufacturers and Maintenance Contractors
Equipment manufacturers can be held liable under product liability laws if defective harnesses, scaffolds, building maintenance units (BMUs), ropes, or other safety devices don’t work as expected and this failure contributes to a worker’s injuries.
And maintenance contractors and inspection vendors could be legally responsible when negligent inspections, repairs, or maintenance of equipment cause dangerous conditions that lead to an accident.
What You Can Recover After a Window Washing or High-Rise Maintenance Accident
After a window washer accident in New York, victims can pursue a third-party claim against non-employers responsible for causing harm. This could include claims against the building owner or contractor under New York’s labor laws, including § 240 or § 202.
Third-party claims can provide more compensation than workers’ comp alone. While workers’ comp doesn’t require you to prove negligence to get benefits, it limits you to recovering partial lost wages, disability benefits, and medical bill costs.
A third-party claim can offer much broader compensation, including full lost earnings, future lost earning potential, pain and suffering, emotional distress, lost quality of life, and loss of consortium.
It’s important to know that immigration status does not prevent recovery for a workplace injury in New York, so you should reach out to a New York workers’ compensation lawyer regardless of immigration status to understand your rights.
Steps to Protect Your Window Washing or High-Rise Maintenance Accident Claim
Every injured worker must understand what happens during the workers’ comp claim process and the personal injury claim process. The steps you take in the aftermath of your accident can have a direct impact on your case. Specifically, you should:
- Get medical help immediately and tell the provider this was a workplace accident.
- Report the injury to the employer in writing within 30 days.
- Photograph the equipment, anchors, harness, and worksite before anything is moved or replaced.
- Collect names and contact details of any co-workers or witnesses on site at the time of the accident.
- Preserve the safety plan, training records, and equipment inspection logs through your attorney.
- Avoid recorded statements to the building owner’s or contractor’s insurer without getting legal advice first.
Contact Us About Your New York Window Washing or High-Rise Accident
Chopra & Nocerino is ready to fight for you after you were hurt in a window washing or high-rise maintenance accident. These cases often involve serious injuries, complex safety regulations, and multiple parties who may share responsibility, including property owners, contractors, maintenance companies, and equipment manufacturers. Our team can investigate what happened, determine whether proper fall protection and safety procedures were in place, and pursue the compensation you may be entitled to for your medical bills, lost income, pain and suffering, and future care needs.
You do not have to take on the insurance companies or construction contractors alone. Give us a call today at (855) NYC-HURT or contact us online to schedule a free case evaluation with a New York construction accident lawyer and learn how we can help protect your rights.
