I was working on a construction site as a carpenter’s helper. Part of my job was cutting wood on a table saw that  was many years old. The blade guard on the saw had broken off at some point, but the saw still worked so everyone just kept using it. One day while I was cutting a piece of wood, my hand slipped and made contact with the exposed blade. I lost part of one of my fingers. What are my rights?

Workers Compensation Claim

Your first claim is  for Worker’s Compensation benefits against your employer. Worker’s Compensation covers your medical expenses — including surgeries, hospitalizations, doctor visits, and rehabilitation — as well as a portion of your lost wages while you are recovering from your injuries. You may also be entitled to a schedule loss of use award, which compensates you for the permanent impairment to your hand. See our page describing the benefits available under the Worker’s Compensation law.

However, Worker’s Compensation does not cover everything. Importantly, it does not compensate you for your pain and suffering. It is a third-party claim against the owner of the construction site and the general contractor. That is where New York Labor Law comes in.

Labor Law Section 241(6)

New York Labor Law § 241(6) places a nondelegable duty on owners and general contractors to maintain a safe worksite. A worker injured on a job site can bring a claim under this section by identifying a specific violation of the New York Industrial Code that was the direct cause of the accident. As I have discussed in prior posts, this is a powerful provision because it applies to owners and general contractors even if they were not present at the time of the accident and even if they did not directly supervise the work.

Applicable Section of the Industrial Code

The applicable provision here is 12 NYCRR 23-1.12(c)(2), which requires that every power-driven saw, other than a portable saw, be equipped with a guard that covers the saw blade to such an extent as will prevent contact with the teeth.

A table saw is exactly the type of non-portable, power-driven saw this provision was designed to protect workers from. The regulation is clear — there must be a blade guard. There are no exceptions for old equipment. There are no exceptions because the saw still works. The guard was missing vilated the code.

The courts have consistently held that this provision is sufficiently specific to support a Labor Law § 241(6) claim. In Cruz v 1142 Bedford Avenue, LLC, 192 AD3d 859 (2d Dept 2021), the court held that § 23-1.12(c)(2) applied where a plaintiff was injured by a malfunctioning table saw that lacked a protective guard. In Ortega-Estrada v 215-219 West 145th Street LLC, 118 AD3d 614 (1st Dept 2014), the court reached the same conclusion where the plaintiff was injured on a table saw not equipped with a blade guard.

The Unguarded Table Saw

The fact that the blade guard broke off  is significant. This is not a case where a guard was never provided.  Every worker who used that saw was at risk. It put you at risk. And it resulted in your injury.

This fact pattern demonstrates that the violation of the Industrial Code was not accidental or unnoticed — it was ongoing and known.

Additional Basis for Your Claim

If the table saw was being used for ripping , cutting wood along the grain lengthwise, there is an additional applicable provision. Under 12 NYCRR 23-1.12(c)(3), every table circular saw used for ripping must be provided with a spreader securely fastened in position and an effective device to prevent material kickback. If that spreader was also missing, this provision provides an independent basis for your Labor Law claim.

By James Santner

If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.