INDUSTRIAL CODE VIOLATIONS
New York Courts are littered with Labor Law 241(6) claims that hinge on whether the correct industrial codes have been plead and supported with admissible evidence. For a person injured in a construction accident, industrial code violations are probably the last thing on their mind. Having a personal injury attorney familiar with Labor Law cases is obviously extraordinarily important in these situations. Knowing what questions to ask and what evidence to track down can make the difference between a successful Labor Law claim and a failing one.
Construction accidents are often the result of a contractor or subcontractor’s failure to comply with the industrial code. The industrial code exists to provide a safe work environment for construction workers as well as for those people who may be on or near the work area for other reasons. Industrial Code violations are usually due to construction companies rushing to complete a job by a deadline or cut costs to increase profitability. In New York, construction jobs are so competitive. It is important that contractors do not put profit over safety.
Often times, construction accidents result in horrific injuries. It is only right that the injured party be fairly compensated for their injuries.
Labor Law Attorney
When you or a loved one are injured in a construction accident, we will fight to obtain the compensation you deserve. Please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620, where an attorney with a proven track record of holding responsible parties accountable for their negligence can speak with you about your case.
NOTICE OF CLAIM REQUIREMENT
Before one can bring a lawsuit to collect damages against a city, town, or a public agency in the state of New York, a notice of claim requirement must be satisfied. A claimant has ninety days during which to file and comply with the notice of claim requirement or they will be barred from bringing the action. This is not the same as the statute of limitations. The statute of limitations against municipalities is one year and ninety days as opposed to the normal statute of limitations for personal injury matters in New York which is three years.
One of the main purposes of the notice of claim requirement is to give the government a thirty-day time window upon receipt of the notice of claim to request a “50-H” hearing. This hearing is somewhat like a deposition and it is an advantage that non-government entities do not receive. It gives the government an extra opportunity to acquire information and testimony it may use to defeat a claim. The government may also request a medical examination during this thirty-day time period. Every municipality has the power to designate who must be served with the notice of claim and if the notice of claim requirement is not satisfied, the claim itself will be barred forever. It is important to determine who it should be served on before attempting to serve a notice of claim.
It is advisable to speak with an experienced personal injury attorney before attempting to comply with the notice of claim requirement. The barring of the action for failure to comply with the notice of claim requirement is a strict penalty and not worth the risk of attempting this task pro se.
Personal Injury Attorney
Retaining an attorney that understands the process of suing a municipality can make all the difference in your case. When you or a loved one are injured by the negligence of a municipality, you need a personal injury attorney who understands the process. Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an experienced personal injury attorney.