Construction Site Falls

On January 13, 2016, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

Construction Site Falls

When a worker gets injured by falling into a trench on a construction site, liability may be more of a hurdle than most people think.  There are several facts surrounding the accident that will determine whether the contractor or property owner has liability.  One of the most interesting points of contention is whether covering the trench to protect the workers is inconsistent with an integral part of the job. This would mean that covering a trench is not necessary if it would frustrate the purpose of the construction job itself. The Court in Salazar v. Novalex Construction Corp., 18 N.Y.3d 134, 960 N.E.2d 293 (2011) gives us this conclusion. Industrial Code violations necessary for assigning liability in certain labor law claims may depend on whether the uncovered trench is deemed to have been necessary to complete the job.

Obviously, there are other types of falls that can cause injuries on a construction site.  All falls do not involve trenches.  It is important to discuss the specifics with an attorney as soon after an accident as possible to put together a plan to prepare your case for litigation.  Time can be a major factor in preparing a case because evidence can be lost and or destroyed over time.  Construction sites are dynamic and demand immediate investigation in order to protect your interests.  Delaying can harm or even destroy your case.  Knowing exactly what information and investigation is necessary should be left to the expertise of your labor law attorney.  After discussing the investigation strategy with your labor law attorney, you will understand the value of the role the attorney plays in labor law litigation.

Labor Law Attorneys

If you or a loved one are injured in a construction site accident, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a labor law attorney.

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Labor Law §240(1)

On July 30, 2015, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

Injured on Construction Site

Labor Law §240(1), sets forth,

“All contractors and owners and their agents…shall furnish or erect, or cause to be furnished or erected for the performance of such labor scafolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.” (Emphasis added).

If you are injured due to a safety device not specifically listed in the statute, you may still be covered by the term “…and other devices.”  The New York Court of Appeals has taken the stance that this statute is to be construed liberally so as to fulfill the legislatures intention in enacting the statute.  .Zimmer v. Chemung County Performing Arts, Inc., 65 N.Y.2d 513, 493 N.Y.S.2d 102 (1985).

Labor Law Attorneys

If you or a loved one have been injured in a construction accident due to the lack of a safety device, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak to a Labor Law attorney today!

Injured at Work

On July 30, 2015, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

Construction Injury

Recently, we have fielded some phone calls regarding workplace injuries.  There seems to be some confusion as to when an employer can be sued.  There are also several misconceptions with regards to bringing suit against property owners, general contractors and subcontractors.  These questions are answered statutorily by New York Labor Law.  Sections 200, 240, 241 are 241-a in particular will control the construction litigation lawsuits in New York.  These laws attempt to set the guidelines for a safe work environment for all construction workers.  Unfortunately, however, accidents happen.  Injuries occur.  Often times, these injuries are catastrophic in nature.  Large construction companies often “cut corners” to maximize profits.  Safety protocol can be compromised in these cuts.  The injuries caused by the cut corners can deprive a victim of their life or limbs or ability to care for themselves for the rest of their lives.  When these injuries occur, it is important to know your legal rights and remedies.  The faster you act, the better you can position yourself to obtain a large award.

It is very important to know that although Worker’s Compensation Law (especially section 11) can be restrictive in terms of seeking contribution or indemnification from a victim’s employer, there are types of injuries that will allow for such a claim to be successful.  It is important to consult with an experienced Labor Law attorney when faced with aftermath of such an accident.

Labor Law Attorneys

If you or a loved one has been involved in a workplace accident, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a Labor Law attorney today!

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