Burns & Chemical Exposure
Thermal, chemical, and electrical burns from welding, concrete, chemicals, and arc flash incidents.
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Understanding Burns & Chemical Exposure
Burns and chemical exposure injuries on construction sites cause permanent disfigurement, chronic pain, and lasting disability. Thermal burns from welding and hot materials, chemical burns from cement and industrial chemicals, and electrical burns from arc flash incidents are all covered under Labor Law 241(6) and common law negligence, providing workers substantial compensation beyond workers' compensation.
Key Facts
Over 4,500 construction workers suffer burn injuries annually
Arc flash can reach temperatures of 35,000°F
Cement burns often go unrecognized until severe damage occurs
Chemical burns require immediate and prolonged flushing
Common Safety Violations
When property owners or contractors fail to provide adequate safety measures, they may be held responsible under Labor Law 240. Common violations in burns & chemical exposure cases include:
No fire watch during hot work
Missing or inadequate PPE
Improper chemical storage and handling
No emergency eyewash stations
Failure to provide Safety Data Sheets
Inadequate ventilation for chemical work
Common Injuries
Severe burns
Disfigurement
Chemical burns
Arc flash burns
Cement burns
Inhalation injuries
Eye injuries
Nerve damage
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Your Protection
Under Labor Law 240, property owners have an absolute duty to provide proper safety equipment. If they failed to protect you, you may have a claim—even if you made a mistake.
Learn about the lawOfficial Resources
Related Accident Types
OSHA Fatal Four
Electrocution Accidents
Electrical hazards cause severe burns, cardiac arrest, and death on construction sites.
Learn more
OSHA Fatal Four
Struck-By Accidents
Workers struck by vehicles, equipment, or swinging loads suffer devastating injuries.
Learn more
Demolition & Excavation
Demolition Accidents
Demolition work accidents including falls, collapses, and falling debris injuries.
Learn moreOSHA Citations on NY Construction Sites — FY2024
The federal standards below were the most-cited safety violations on construction sites nationwide last fiscal year. When any of these standards is violated on a New York job site and a worker is hurt as a result, the citation history can support a Labor Law 241(6) claim independent of Labor Law 240. Burns & Chemical Exposure cases routinely involve at least one of these standards.
Rank #1 · 29 CFR 1926.501
Fall Protection - General Requirements
6,763 citations issued in FY2024 · 6,615 on construction sites.
Rank #3 · 29 CFR 1926.1053
Ladders
2,764 citations issued in FY2024 · 2,711 on construction sites.
Rank #7 · 29 CFR 1926.503
Fall Protection Training
2,217 citations issued in FY2024 · 2,171 on construction sites.
Rank #8 · 29 CFR 1926.451
Scaffolding
1,937 citations issued in FY2024.
Rank #9 · 29 CFR 1926.102
Eye and Face Protection
1,912 citations issued in FY2024 · 1,814 on construction sites.
Source: OSHA Top 10 Most-Cited Standards, Fiscal Year 2024 (federal data).
Major NY Construction Unions
Most New York construction workers are covered by one of the locals below. Union membership does not waive your Labor Law 240 rights — and your collective bargaining agreement cannot bargain those rights away. Workers' compensation and a Labor Law 240 lawsuit run on separate tracks; you are entitled to both.
Laborers' International Union of North America (LIUNA)
8 active locals on NY job sites — including Local 6A, Local 66.
International Brotherhood of Electrical Workers (IBEW)
6 active locals on NY job sites — including Local 3, Local 25.
United Brotherhood of Carpenters and Joiners (UBC)
7 active locals on NY job sites — including Local 157, Local 926.
International Union of Operating Engineers (IUOE)
5 active locals on NY job sites — including Local 14-14B, Local 15.
International Association of Ironworkers
7 active locals on NY job sites — including Local 40, Local 361.
United Association of Plumbers and Pipefitters (UA)
6 active locals on NY job sites — including Local 1, Local 638.
International Brotherhood of Teamsters
4 active locals on NY job sites — including Local 282, Local 807.
International Association of Sheet Metal Workers
4 active locals on NY job sites — including Local 28, Local 46.
NY Industrial Code Rule 23 — Sections That Drive Liability
New York's Industrial Code Rule 23 (12 NYCRR Part 23) sits on top of OSHA and is frequently stricter. A violation of a specific Rule 23 section that proximately caused the injury supports a Labor Law 241(6) claim independent of Labor Law 240. The following are the sections most often cited in Burns & Chemical Exposure litigation:
- 12 NYCRR 23-1.7 — Hazardous openings, slipping hazards, falling hazards, drowning hazards.
- 12 NYCRR 23-1.15 — Safety railings on elevated work surfaces.
- 12 NYCRR 23-1.16 — Safety belts, harnesses, lifelines, and fall arrest systems.
- 12 NYCRR 23-1.21 — Ladders and ladderways: construction, placement, and use.
- 12 NYCRR 23-5 — Scaffolding (general requirements, planking, footings, guardrails).
- 12 NYCRR 23-9 — Power-operated equipment, including cranes, hoists, and earth-moving equipment.
Source: NY Codes, Rules and Regulations, Title 12, Part 23 (Industrial Code).
What Damages Cover in a Burns & Chemical Exposure Claim
Damages in a Labor Law 240 case fall into five categories: past and future medical bills, past and future lost earnings, loss of earning capacity, conscious pain-and-suffering, and (in fatal cases) wrongful-death economic loss to the family. The single largest driver is usually future lost earnings — calculated from the worker's pre-accident wage rate, projected to retirement age, and reduced to present value by an economist.
Settlement ranges depend heavily on injury severity, age, union vs. non-union wage rate, and whether the worker can return to construction. Catastrophic injuries — spinal-cord injuries, traumatic brain injuries, amputations — produce the highest verdicts because they eliminate earning capacity entirely. Soft-tissue and orthopedic injuries with full recovery sit at the low end of the range. Every case turns on the medical record and the economist's wage projection.
Frequently Asked Questions About Burns & Chemical Exposure
Common questions about burns & chemical exposure claims and your rights under New York Labor Law 240.
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