badge
badge
badge
badge
badge
badge
badge
badge
badge
badge

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.

When you are injured at your construction job and need to file a lawsuit in order to obtain the compensation that the law allows you to receive, it helps to accumulate as many pieces of evidence as possible that back up your own assertions about what happened before and during your accident. Another important litigation tactic you may need to use to give yourself a stronger case is keeping out harmful evidence that the law says is not allowed to be admitted as part of your case. For advocacy in these evidentiary battles within your case, you should make sure you have a knowledgeable New York construction accident attorney representing you.

One recent construction injury case involved Atley, a construction worker who was working on Christmas Eve in 2012 when he suffered a serious accident. The worker was wearing a safety harness when he had his accident, but his harness was not tied off to anything. According to Atley, his accident took place because, while he was working on a scaffold, he tripped on a block and fell backward, tumbling off the scaffold and landing on the ground.

To back his allegations regarding how the accident happened, Atley had, in addition to his own testimony that he fell off the scaffold because he tripped on a block, his workers’ compensation claim, which stated that he slipped and fell off the scaffold. These pieces of proof, when put together, were enough to demonstrate to the court that Atley had not received the proper safety protections to safeguard him against falling off the scaffold and suffering injuries, which is a violation of New York’s Labor Law.