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By Richard Obiol
Principal Attorney

You go to work for your employer to earn a paycheck. However, your employer is also responsible for providing you with a reasonable work environment free from safety hazards. Several labor and employment laws in New York protect you, the worker, from working in a dangerous environment. What is the duty of care? What responsibilities does your employer have for providing and maintaining a safe workplace? 

At The Law Offices of Civardi & Obiol, we want employees to know they have rights. They have the right to work in an environment safe from hazardous conditions. Our goal is to define the duty of care and help you understand your rights in the workplace. 

Defining the Duty of Care 

The duty of care is the first element you must prove if you are taking a personal injury case to court seeking compensation for your injuries and financial losses. What is the duty of care? It is the legal requirement that a party act in a specific way to keep others safe from harm. For example, New York drivers all have a duty of care to drive responsibly and obey traffic laws to prevent accidents. 

Employers must provide workers with a reasonably safe workplace free from safety hazards and dangerous conditions as outlined by state and federal laws. New York has several laws, such as the New York State’s Public Employee Occupational Safety and Health Act, that help protect workers. 

When a company or third party violates the duty of care and an accident causes a worker significant harm and financial losses, that worker has options for recovering compensation for their injuries. An attorney can be instrumental in helping vulnerable workers understand their legal rights and options for pursuing the money they need. 

Employer Responsibilities 

The New York State’s Public Employee Occupational Safety and Health Act clearly outlines employer responsibility under the law. New York state law mandates that all employers, including the state and public authorities created by the state, provide a workplace free from known safety hazards. Employers must also adhere to all federal Occupational Safety and Health Administration regulations. 

New York has laws that are specific to certain inherently dangerous industries like construction. New York Labor Law 241 stipulates that employers and contractors must provide reasonable and adequate safety precautions to construction workers working on job sites. New York Labor Law 240 protects construction workers who work with scaffolding and other above-ground platforms, hoists, and ladders from fall risks on job sites. New York Labor Law 200 mandates that companies exercise certain precautions to provide a safe working environment to workers who operate potentially hazardous equipment and machinery. 

Numerous New York laws attempt to protect workers from safety hazards and dangerous workplace conditions. However, many employees do not understand their rights or are intimidated by their employers after a workplace accident. 

An experienced Nassau Country personal injury attorney can help you understand your rights, outline your options for pursuing compensation, and help you navigate the sometimes complicated process of recovering the money you deserve. Workers’ compensation may be one avenue open to you. However, in some situations, a personal injury lawsuit against a third party or another entity may be the best way to recover the money you need to cover your financial losses and extensive medical expenses. 

A Nassau County Personal Injury Attorney Can Help You Today 

At Civardi & Obiol, our personal injury lawyers are committed to helping you after a workplace accident. Your employer must ensure your workplace is reasonably free from dangerous conditions. You deserve compensation for your medical expenses and lost wages when you are hurt on the job. Let our team walk you through the process and pursue the money you need to move forward with your life. 

Contact our office today to request a free legal consultation. 

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