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Law Offices of Jonathan M. Cooper

Q:
Are accidents that occur in a shipyard covered under the strict (or absolute) liability provisions of New York's Labor Laws that govern construction site accidents?

A:
Generally speaking, the answer is no. As New York's Court of Appeals recently held, accidents that occur on a vessel (which includes barges that are permanently anchored) are governed by the Longshoreman's Worker's Compensation Act, which pre-empts claims brought under New York's Labor laws.
Jonathan Cooper
Employment Litigation and School Negligence Lawyer