When you are injured at your construction job, there are many things upon which you probably are focused. Your legal rights and all of the legal technicalities that are involved in filing, pursuing, and winning a court case for an award of damages may not be at the top of your list. That is why you should reach out to an experienced New York construction accident attorney, who can help you ensure that your rights are protected and that you get the compensation that the law says you deserve.
Many times, these cases can involve a detailed knowledge of the technicalities embedded within the law. Take, for example, the case of David, a construction employee working on a project in Brooklyn in the summer of 2015. One day, a 10-foot long, 50-pound pipe that was oily and unsecured slipped free and, as a result, fell from the 31st floor, past the 30th floor (where it was supposed to go), and down to the 29th floor, where it hit David in the head. According to the worker, the accident caused her significant harm. He suffered injuries to his brain, his back, and his shoulders. David’s brain injuries included “permanent damage to the anterior left temporal lobe, short term memory loss, difficulty in expressing speech, difficulties with walking and coordination, and difficulties following directions.”
Based on all of that damage, the worker sued to recover compensation. One of David’s most successful bases for compensation was his claim that the defendants violated Section 240(1) of New York’s Labor Law. That law says that site owners and general contractors on construction projects have a legal obligation to ensure that all workers have proper safety protection to safeguard them from “gravity-related” risks of harm. This can include something falling on a worker or a worker himself falling from a height. Certainly, a 50-pound pipe falling from a height would fall into the category of “gravity-related” risks.