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In many types of injury accident cases, small details can matter a great deal. That can be true in construction accidents, as well. Due to the details contained in the New York statutes that allow you to recover compensation for your construction injuries, the nuances between a temporary staircase and a permanent staircase can be the difference between a successful outcome and a defeat in your case. To make sure that all your details, both great and small, are properly addressed, be sure you have knowledgeable New York City construction injury counsel in your corner.

One recent case from Niagara County is an example of the importance of details. G. was a construction worker who was hurt going down a set of stairs leading to the basement of a house that was under construction. The staircase collapsed beneath him, causing his injuries. The worker sued several entities for the harm he suffered, alleging that the entities he sued did not provide him with properly safe working conditions and, in the process, violated Sections 240(1) and 241(6) of the New York Labor Law.

In a case like Gary’s, details matter. Gary was hurt descending a staircase. Specifically, it matters whether or not the staircase was a temporary or permanent feature of the house. A temporary staircase, under New York law, is the functional equivalent of a ladder. So, if you fall and suffer injuries while using a temporary staircase, you may be entitled to receive compensation under a Section 240(1) claim, just the same as a worker who falls and suffers injuries while using a ladder.

Many aspects of construction work can be dangerous. Among common duties of a construction worker is work that requires the use of a ladder. Whether it is because the ladder itself is defective, it is improperly secured, or some other reason, ladder-related tasks too often end in injury for the workers involved. If you are hurt while performing work that required the use of a ladder, you should act with all due speed to retain an experienced New York construction accident attorney to help you understand what your legal options are.

Two recent New York City cases serve as examples of how these accidents can occur and how injured workers can succeed in court. The first example is a case from Manhattan. The worker suffered injuries when the ladder upon which he was standing fell out from under him. In his construction injury lawsuit, the worker offered his testimony, which related to how he was on an unsecured ladder when it suddenly slipped from beneath him, causing the fall and the harm.

This testimony by the worker was, by itself, enough to prove what’s called a “prima facie” case of a violation of the law. Prima facie is a phrase from the Latin language meaning “first look.” In the law, it means that the proof offered was enough to support the claim asserted unless the other side can provide evidence to counter the injured worker’s case.

You may know that if you suffer an injury as a result of fall while working your construction job, New York law has statutes that could allow you to obtain compensation for the harm you suffered. Cases like ones where the worker was in mid-task and fell from a scaffold are fairly clear-cut. However, what you may not know is that the law extends beyond just those “clear-cut” situations. For example, a New York appeals court recently ruled in favor of a worker who fell from a loading dock while waiting in line to sign in and start his work. All this shows that you should never assume that you have no case; instead, contact a knowledgeable New York construction accident attorney to discuss your options.

The worker, W., was a painter who was working on a project at a Manhattan skyscraper when he was injured. His job required him to sign into a security log and get a pass in order to enter the building and do his job. There was just one guard and one security desk, and the sign-in line stretched across a loading dock. The day W. was hurt, the dock was overcrowded and, when he stepped back to make room for another person, he slipped and fell off the dock, falling 4-5 feet to the ground below.

You can imagine finding yourself in a position like W.’s. You’ve suffered a substantial injury, but you had not actually started your daily work yet. You had not even changed into your work uniform yet. You were simply waiting in line to sign in and you fell off a dock while standing in the sign-in line. Chances are that you, as a layperson, are fearful about what recourse you have. Surely you cannot seek compensation based upon the laws governing construction injuries, right?

New York law has several provisions in it designed to provide strong protection to construction workers who are hurt on the job. One of these is a legal concept called absolute liability. This rule is important because it greatly restricts the way that a defendant can use evidence of your behavior to try to avoid liability. To get the fullest benefit of this and other legal concepts that can potentially help you, be sure to retain skilled New York construction accident counsel to represent you.

One recent case in which this concept of “absolute liability” was a factor was the lawsuit of Garry. Garry’s job consisted of spraying “shotcrete” (gunite or sprayed concrete). To do that, Garry had to climb a straight metal ladder that went 8 feet high. At one point, while climbing the ladder, Garry felt it shift, and he jumped off. He injured his foot when he landed.

Garry sued. In his lawsuit, he argued that the ladder qualified under New York law as a “safety device” and that his fall from it was proof that he had received an inadequate safety device, which was a violation of New York law (Section 240(1) of the Labor Law).

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.

New York has several laws designed to protect construction workers in this state. One of them is Section 240(1) of the Labor Law, and it is sometimes known as the “Scaffold Law.” This law is intended to protect workers from the risks associated with falls from significant height differentials. What size must a height differential be in order to entitle a worker to seek compensation? The answer is that it depends. In some cases, if an object is heavy enough, even very short distance falls can be enough to permit an injured worker to win his case. This variability is just a reminder that each case is unique, so, if you’ve been hurt at your construction job, make sure you retain an experienced New York construction accident attorney, who can help you determine how to pursue your rights under the law.

As an example of a short-distance case, an appeals court in 2015 allowed a worker to pursue compensation in a construction injury case in which the object that fell on him fell only 2½-3 feet. In that case, the pile of rails that hit the worker weighed roughly 1,500 pounds, so that meant that the rails could generate a substantial amount of force, even over a short distance.

That same principle came up in a very recent case, and it again allowed the injured worker to succeed. Omar and three co-workers were trying to transport a 500-pound steel I-beam from the top floor of an 18-story Manhattan building to the ground level. The relative size of the 12-foot beam and the small elevator forced the men to try to stand the beam on its end. During that process, the beam fell roughly half a foot onto Omar’s shoulder, injuring him.

New York has strong laws protecting construction workers working from heights, like those doing jobs while on scaffolds. In fact, one statute, Labor Law Section 240(1), is sometimes nicknamed the “Scaffold Law.” The law says that if you are working on a task that places you at risk of injury from falling from a height or being hit by a falling object, you must be provided with the proper equipment and gear that is “constructed, placed and operated” in a way to ensure that you are safe from falls and falling objects. If you aren’t, and you get hurt as a result, you may be entitled to compensation. To learn more about your options in the legal system, talk to an experienced New York construction accident attorney, who can help you discover more about your rights.

One example of this type of accident and a successful lawsuit was the case of José, a construction worker working in New York City. José was an employee of the general contractor working on a project in Queens when he was hurt. The worker was working on a scaffold when he fell, suffering substantial injuries.

When you’re injured at your construction job, one of the early important steps in your pursuit of compensation is deciding whom to sue. José decided to sue the general contractor and the property owner for the harm he suffered. New York law requires both general contractors and property owners to take reasonable and appropriate steps to ensure the safety of workers on the site, and the law also says that these two entities cannot delegate that obligation to anyone. This legal rule makes general contractors and site owners among the key individuals and entities an injured construction worker might pursue in his case.

When you work in construction, especially when your job involves the regular use of ladders, the risk of accidents and injuries is very real. You may be given a defective ladder, a ladder that has not been properly maintained, or the wrong type of ladder for the task assigned to you. Whether your fall from a ladder (and subsequent injuries) was a result of one of these problems or something else, you may be entitled to compensation. To find out more about your rights and your options, contact a knowledgeable New York construction accident attorney, who can help you select a course of action that works for you.

One recent example of a construction worker who suffered an accident involving a ladder was the case of Pedro. Pedro had a job, which he’d held since 2006, working in construction for an employer based in Brooklyn. In June 2012, Pedro was working on a high-rise condominium building in Manhattan’s Upper East Side. He was responsible for scraping the building’s ceilings. Like many construction work requirements, Pedro’s job required him to use a ladder.

While Pedro was doing his scraping work, the six-foot-tall, A-frame ladder upon which he was standing shifted to the left. This caused Pedro to lose his balance and fall to the ground. The worker suffered injuries in the fall.

In any civil lawsuit case, including construction injury cases, there are several components involved. There is the factual side, but there is also the procedural side. Having a strong case in all of these areas is important in order to achieve a successful result. Working with a knowledgeable New York construction accident attorney can help you ensure that your case is as strong as it can be in all areas.

One case in which these procedural rules played an important role in helping an injured worker was the lawsuit filed by Michael, a New York City construction worker. Michael was injured while working on the renovation of a women’s clothing store. Allegedly, his injury was a result of his tripping over a pile of debris left at the site by the general contractor. The pile contained a variety of things, including sheetrock, pipes, pieces of wire, coffee cups, soda cans, and pizza boxes.

Based on these events and the injuries he suffered, Michael decided to sue. Eventually, the trial court dismissed the case completely, eliminating the rest of the claim in the worker’s case.

When you are injured at your construction job, it is possible that there may be multiple different ways to achieve a successful result and get the compensation you deserve. This is especially true if your injury was a result of a fall at work. To make sure that you are taking maximum legal advantage of the facts of your injury to put together a successful case, be sure you retain a knowledgeable New York construction injury attorney.

A recent example of a successful case was the one filed by Antonio, a construction worker at the World Trade Center. On June 6, 2013, his job responsibilities included helping two iron workers lift a 200-pound float from the building’s roof to its antenna. The floor in that area was a metal grating with several openings that were covered by pieces of plywood. At one point, Antonio took a step onto a plywood covering, felt it shift, and then fell through the opening exposed by the shifted plywood.

Injured in the fall, Antonio sued. There are various legal options available to you as an injured construction worker in New York in order to obtain fair compensation for your harm. If you’ve been hurt as a result of a fall, there is one statutory section in particular, Section 240(1) of the New York Labor Law, that may be helpful to you. That law says that site owners and general contractors on a construction project have a legal obligation to ensure that all workers have the protections and safeguards needed to protect them from falling, or from things falling onto them.