How to Succeed in a New York Construction Injury Case Even if You Were Not Employed in a Construction-Related Job at the Time

Even if you are not someone who regularly engages in construction work, you may still be entitled to pursue a claim under the New York laws that protect construction workers. If you were hurt as a result of a falling object striking you or a fall, and you were engaged in erection, demolition or repair (among certain other activities) of a non-exempt building, then you can successfully pursue a case under Section 240(1) of New York’s Labor Law and obtain an award of compensation, regardless of whether your regular duties were in construction or something unrelated. To find out more about your options, be sure to reach out to a knowledgeable New York City construction injury attorney.

Y.Z.’s case is an illustration of this concept. Y.Z. was a salesperson at a kitchen plumbing supply center in Brooklyn. One day, Y.Z. was instructed to run thermostat cable wiring through a wall on the second floor of the building where he worked. Allegedly, a duct opening in the floor was covered only by a thin piece of Styrofoam. Y.Z. stepped on the Styrofoam, it broke and he fell some 15 feet down to the first floor, suffering substantial injuries as a result, according to his complaint against the property owner.

When you’re hurt in a situation like what happened to Y.Z., there are various ways in which you can achieve a successful outcome. One of the best ones is to win a motion for summary judgment. When that happens, then you do not have to go trial on the issue of whether or not the defendant was liable, you only have to have a trial to prove how great you harm was.

The other side may attempt many different strategies to try to defeat your motion for summary judgment. One way is to argue that your motion was premature. This was a strategy used against Y.Z. The courts agreed, however, that the salesperson’s motion was not premature. The only way that a defendant can win a prematurity argument is to demonstrate that denying the motion would allow for the discovery of additional relevant evidence that might change the outcome.

The defense had not made such a demonstration in Y.Z.’s case. The evidence available to the court showed that Y.Z. suffered a fall as a result of an inadequate safety protection device being placed over the hole in the floor. It also demonstrated that the fall was the cause of Y.Z.’s injuries. When you have that kind of proof in your favor, and the property owner has no evidence to dispute it, then you are entitled to a summary judgment on the issue of liability, which is what Y.Z. was able to win against the property owner in his case.

Whether you were a construction worker by trade or were employed in some other career, if you were hurt in a fall while working on the construction, demolition or repair of a building, you may be entitled to compensation. Contact the knowledgeable New York City construction injury attorneys at Arcia & Associates for the legal representation your case needs. Our team has many years of handling construction injury cases and helping injured people get the results they deserve.