Loaned Servant Defense
Some Labor Law claims arise in situation where an employer allows their employee to work under the control or direction of another person or entity. The employee is injured while working under the direction of the other person or entity. Worker’s Compensation Law can function to prohibit the employee from suing either her employer or the person/entity under whose direction the employee was operating. This scenario can be raised as a defense to defeat certain Labor Law claims. It is known as the “Loaned Servant” or “Borrowed Employee” doctrine.
Labor Law Attorney
If you or a loved one has been injured in a construction accident, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak to a Labor Law attorney today!
Gravity and Construction Sites
The obvious thought that comes to mind when thinking about how gravity can play an important role in construction site injuries is a construction worker falling to the ground from an elevated position. An equally important and equally dangerous scenario arises when objects fall from an elevated position. The New York Courts have placed an emphasis in ensuring that adequate safety devices are employed when hoisting or lifting materials so that the materials remain secure and the danger to the workers below is decreased significantly. Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 577 N.Y.S.2d 219 (1991).
In a perfect world, proper safety devices would always be used on construction sites. In the real world, however, construction companies are focused on maximizing profits. This means that timelines must be followed and deadlines must be met. Sometimes in all the haste, safety protocol and procedures are ignored. The New York Courts have taken an interesting perspective on the harm caused by falling objects on a job site. In Runner v. N.Y. Stock Exch., Inc., 13 N.Y.3d 599, 604, 895 N.Y.S.2d 279, 282 (2009), the Court of Appeals turns the focus of whether “..the harm flows directly from the application of the force of gravity to the object.” Under these guidelines, actually being struck by the object may not even be a prerequisite to a cause of action.
Labor Law Attorneys
If you or a loved one have been injured in a construction accident, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a Labor Law attorney today!
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!