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!

Tagged with:
 
WhiteHouse by PageLines

Copyright © 2019 Law Firm of Vaughn, Weber and Prakope, PLLC
All Rights Reserved