The law in New York is clear that construction workers are required to receive proper protection to safeguard their well-being while they are on the job. The protection they receive should protect them from falling as well as keep them safe from falling objects. When those requirements are not met, and a construction worker gets hurt, that worker may have a case for compensation. In order to make sure that you are getting everything to which the law says you are entitled, be certain to contact a knowledgeable New York construction accident attorney about your situation.
One worker who did not get proper protection and who was entitled to compensation was Angel, a masonry worker in Brooklyn. Angel’s job required him to work on a scaffold. Angel’s scaffold consisted of a metal framework and wooden planks upon which he stood. The problem cropped up when a masonry stone fell onto the scaffold. It damaged the frame piece, which allowed the wooden planks to collapse from underneath the worker. Angel fell 35 feet to the ground, suffering substantial injuries. The injured masonry worker sued the property owner, among others.
When you undertake a construction injury lawsuit, it is important to understand that there are several ways to secure compensation for your injuries. Obviously, one of these is a settlement. Settling your case can be a useful outcome if the offer is large enough, since it allows you to obtain much-needed money in a quicker fashion than some other methods.
Outside the option of settlement, there is obtaining a judgment in your favor. Certainly, a jury verdict is beneficial, since it will entitle you to get the compensation you need. A summary judgment can be even better, though, since it gives you the entitlement to an award of damages without having to endure the stress, expenses, and delays of a full trial.
If you have suffered an injury similar to Angel’s, you may have a very strong case for compensation. The law under which Angel pursued his case, which is Section 240(1) of the Labor Law and is more commonly known as the Scaffold Law, requires site owners and general contractors to provide workers with a safe working environment that protects workers from “elevation-related” risks of harm. This could mean a falling worker (like Angel) or an object falling and striking a worker.
In Angel’s case, the simple fact that one falling masonry stone could send him crashing 35 feet to the ground was proof enough that he did not receive the proper protection required by the law. The worker could have been given a stronger scaffold made of material capable of withstanding the impact of a falling masonry stone. The worker could have been given a work setup that provided someplace to hook his harness. Those in charge could have given the workers a hoist or other equipment that would have minimized the risk of a falling-stone situation. Those in charge, however, did none of these things. As a result, Angel was entitled to a summary judgment in his favor, which meant that his case only had to focus on proving the extent of his damages in order to calculate his compensation.
If you have suffered an injury at your construction job because you did not receive proper safety protection, talk to the skilled New York City construction accident attorneys at Arcia & Associates about your case. Our team has many years of experience providing our clients with the effective and thoughtful representation their cases need.
Contact us at (718) 651-4363 to find out how we can help you.
More Blog Posts:
New York City Building Employee Wins Injury Case Due to Defective Ladder, Blog de Abogado en la Ciudad de Nueva York, 10 de Abril de 2018
How an Injured New York Construction Worker Used the Hearsay Rule to Keep His Foreman’s Testimony out of His Case, Blog de Abogado en la Ciudad de Nueva York, 4 de Abril de 2018