New York’s Labor Law has some specific statutes designed to protect construction workers who are hurt on the job, and to give them an avenue to obtain much-needed compensation from those responsible for those injuries. If you are hurt on the job and you sue, you will very likely face several obstacles. The entities you sue may claim that the statutes don’t cover you or your injury. They may claim that you were the sole cause of your accident, meaning that you should not receive payment. Achieving a successful result means being prepared for these and other defense arguments. Enhance your chances of success by obtaining the service of an experienced New York City construction injury attorney. .
The workplace accident case of E.M. was an example of one of those type of cases. E.M.’s injuries were the result of a scaffolding accident. The worker was taking down a bridge scaffolding sheet that was attached to underlying support cables. The sheet tipped and, when it did, it caused E.M. to fall some 25-30 feet, where he landed on a steel beam. E.M. had a lanyard but it was detached at the time of the fall.
E.M. sued both his employer and the property owner of site where he was hurt. The Appellate Division recently issued a ruling that said that E.M. was entitled to go forward with his Section 240(1) case against the employer and the property owner. Section 240(1) of the New York Labor Law, sometimes called the “Scaffold Law,” says that workers can recover compensation if they are hurt as a result of improper safety protections and harm that resulted from an “elevation-related” risk of injury.