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In any construction injury case, there are several steps to getting you your best possible outcome. One of key “wins” you can obtain is to secure a summary judgment in your favor on the issue of liability. This can have the potential to save you a great deal in terms of time, money and stress. A recent ruling from the New York Court of Appeals is a very beneficial one for injured construction workers because it expands the range of situations in which an injured worker can obtain such a judgment. What you can take away from this new ruling is that, even if you may be negligent to some degree in the events leading up to your accident, you may still be able to achieve the success you need. Talk to a knowledgeable New York City construction accident attorney about your injury to find out more.

The worker in the case, C.R., was an employee of the city’s sanitation department. One wintry day, C.R. was one of three employees assigned the task of outfitting snow plows and chains on sanitation truck tires. As one of the other members of the group backed a truck into the garage to begin the outfitting process, the truck skidded, hit a parked car and sent that car into C.R., pinning him against a rack of tires.

The accident caused the man very serious injuries. He had to undergo spinal fusion surgery, steroid injections and substantial physical therapy. The accident also left him permanently disabled from working.

When you suffer injuries in a construction accident, you may be entitled to compensation. The legal tools available to you to obtain this needed compensation may vary based upon the facts surrounding your accident. New York has multiple statutes that protect injured construction workers. Achieving the outcome you deserve often involves understanding all of the laws and recognizing how best to use them to pursue your claim for damages. To make sure you’re getting the compensation you deserve, be sure you’ve retained a knowledgeable New York construction injury attorney to handle your case.

Recently, a worker, R.F., found himself in the position of needing the legal system to recover compensation for his injuries. R.F. was employed as a laborer and was, in June 2014, working on a subway project in Manhattan. While the R.F. was working and standing on a flatbed truck, another group of workers were lowering a bundle of 12-foot aluminum I-beams. At some point in the process, the bundle of beams swung toward R.F. and pushed him off the truck, causing him to fall to the ground below and suffer substantial injuries. As a result, he sued.

An injured worker may be entitled to an award of damages based upon proving a violation of Section 200 of the state’s Labor Law, Section 240(1) of the Labor Law or Section 241(6) of the Labor Law. These laws each address different types of accidents. For example, Section 240(1) deals with “elevation-related” risks of harm, like a falling worker or a falling object striking a worker. Section 241(6) addresses injuries where a failure to follow the state’s safety regulations led to the accident. It is possible that your case may allow you to sue under two or three of these statutes. For example, if you slipped and fell off a scaffold because construction debris was left on the scaffold’s platform, you might be entitled to sue under both Section 240(1) and Section 241(6). As with any kind of civil lawsuit, the more legal bases for compensation that you can bring forward, the better your chances of success.

An old maxim opines that “what you don’t know won’t hurt you.” While there might be certain areas of life in which ignorance really is bliss, legal matters and your legal rights are not one of them. When it comes to the law, what you don’t know can hurt a great deal. It can hurt when you’re injured at work and you don’t know your rights and don’t know that you have a legal opportunity to sue and collect an award of damages. It hurts when you fail to act and lose out on the compensation you deserve. Don’t let that happen to you. Instead, if you’ve been hurt at your construction job, reach out to an experienced New York City construction accident attorney about your case.An example of this truth was illustrated in the case of J.R. J.R. was a New York ironworker who was supervising a crew who was hoisting a steel beam with the aid of a mechanical device. The crew member who controlled the device’s switch erred and started the hoist too soon, which caused the beam to strike J.R. The impact caused J.R. to suffer a torn biceps tendon.

J.R. sued for the injuries he suffered. One of the bases that he used for his claim for compensation was a Labor Law statute called Section 240(1). Section 240(1) is sometimes nicknamed the “Scaffold Law.” The statute covers more than just scaffold-related injuries. The statute can be a valid basis for any “elevation-related” risk of harm.

Sometimes, this risk of harm is also known as “gravity-related.” That can potentially lead one to believe that the statute only provides for potential awards of compensation in cases of falling workers or workers falling on objects. J.R.’s case established that this is not correct and that the “Scaffold Law” can possibly cover even more workers than one might think.

In a construction project, there may be multiple different entities involved. These could include the property owner, the general contractor, multiple subcontractors and others. That means that, if you are injured while working at your construction job, there could be several possible people or entities that you could potentially sue to obtain compensation for your injuries. The key is understanding the law and the facts of the case, and using that understanding to identify the correct defendants in your case. For advice and representation on this and other essential decisions in your construction accident case, make certain you have a knowledgeable New York City construction injury attorney on your side.

In a recent case, a worker named Luis was working on a construction project doing asbestos removal at a high school when he was injured. Luis got hurt when the ladder upon which he was standing moved for no apparent reason, which caused him to fall to the ground.

There were lots of entities involved in the construction project at the school. There was Luis’s employer, which was the subcontractor on the project. A company from Farmingdale was the contractor on the overall project of replacing windows and doors in the school.

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.