| A. Overview | | | | employed. |
| | | | |
| Construction projects can be dangerous places | | | | So if an injured worker was engaged in |
| to work. Tools and materials get tossed | | | | "erection of, demolition, repairing, |
| around. Large, heavy objects are moved from | | | | altering, painting, cleaning or pointing" and |
| place to place. Great forces are unleashed; | | | | using "scaffolding, hoists, stays, ladders, |
| chemicals are used. Torches and flame and | | | | slings, hangers, blocks, pulleys, braces, |
| pressure may be applied. Injuries can occur | | | | irons, ropes and other devices" he or she has |
| at even the safest job sites. | | | | "super-protection" under New York State law. |
| | | | But there are several loopholes, so an |
| Accidents at construction jobs are divided | | | | experienced accident or personal injury |
| roughly into two categories - height-related | | | | construction law lawyer is necessary in these |
| injuries, and everything else. "Everything | | | | cases. |
| else" can be stumbling on a hammer, or | | | | |
| getting an electrical shock, or getting hurt | | | | For example, defenses commonly raised by |
| because of defective or unsafe machinery, or | | | | insurance companies to Labor Law claims are a |
| anything else that's not height-related. | | | | "sole proximate cause" and "recalcitrant |
| "Height-related" usually means a fall, or an | | | | worker." |
| object dropped from above. | | | | |
| | | | "Sole proximate cause" occurs when the worker |
| Cases for injuries caused by construction | | | | sets up equipment incorrectly and may be |
| site accidents are usually very complex. | | | | found to be entirely responsible for the |
| Usually, there are many companies involved | | | | accident. As you can imagine, this can be |
| and it's not always clear who is to blame for | | | | very tricky stuff. |
| the cause of an accident and resulting | | | | |
| injury. Responsibility may fall on a company | | | | For example, in one case (Robinson v. East |
| that the injured worker does not even know | | | | Medical Center), New York's Court of Appeals |
| about, such as the owner of the construction | | | | addressed a defense to a Labor Law section |
| site, a sub-contractor, construction manager, | | | | 240 claim. The defendants claimed that the |
| materials supplier, or general contractor. | | | | injured worker's actions were the sole |
| Additionally, there are many different rules | | | | proximate cause of his injury. The injured |
| and regulations intended to guarantee a | | | | worker was hurt while using a six-foot ladder |
| worker's safety, which negligent parties | | | | - which he knew was too short to accomplish |
| sometimes use clever defense attorneys to try | | | | the task he needed to perform. And even |
| to wriggle out of. | | | | though he knew that there were eight-foot |
| | | | ladders available at the job site, he stood |
| Complicating the picture is Worker's | | | | on top of the six-foot ladder and fell. The |
| Compensation insurance, which every employer | | | | work's case was dismissed because it was |
| must have available to its workers. Whether | | | | found that he was the sole proximate cause of |
| you're a mason or carpenter, electrician or | | | | his injury. |
| laborer, iron worker or painter, you can not | | | | |
| sue your employer if you're injured. The | | | | "Recalcitrant worker" is when a worker uses |
| injured worker can only receive Worker's | | | | equipment incorrectly. This usually is found |
| Compensation, which is guaranteed, but tends | | | | where a worker ignores safety instructions or |
| to pay a small amount of money for lost wages | | | | fails to utilize available safety equipment, |
| and other benefits and is usually limited in | | | | when he or she should have known better. |
| the amount of time that it will pay the hurt | | | | |
| claimant. The only way around New York's | | | | A Labor Law section 240 claim was dismissed |
| Worker's Compensation law is to sue a person | | | | where the injured worker was provided with |
| or company that is not the injured person's | | | | proper safety equipment and told how to use |
| employer - not a simple matter. This requires | | | | it safely, but was injured because he |
| figuring out who did what, where, at the job | | | | disregarded his supervisor's instructions and |
| site. | | | | misused the equipment. (Mayancela v. Almat |
| | | | Realty Development, LLC). |
| B. Some Law | | | | |
| | | | The effect of the defenses of "sole proximate |
| One of the best known worker's protection | | | | cause" and "recalcitrant worker" is to chip |
| laws is New York's Labor Law, section 240, | | | | away at the protections provided by law to |
| which is intended to protect workers from | | | | New York workers. |
| height-related risks. That law states: | | | | |
| | | | C. Conclusion |
| 1. All contractors and owners and their | | | | |
| agents, except owners of one and two-family | | | | If you're hurt in an accident, consult a |
| dwellings who contract for but do not direct | | | | personal injury or accident attorney |
| or control the work, in the erection of, | | | | experienced in construction site and |
| demolition, repairing, altering, painting, | | | | work-related injuries. Because of the complex |
| cleaning or pointing of a building or | | | | issues and assortment of possible defendants, |
| structure shall furnish or erect, or cause to | | | | there must be a thorough investigation of the |
| be furnished or erected for the performance | | | | construction site, interviews of co-workers |
| of such labor, scaffolding, hoists, stays, | | | | and witnesses, and, possibly, taking of |
| ladders, slings, hangers, blocks, pulleys, | | | | photographs. This must be done fast, fast, |
| braces, irons, ropes and other devices, which | | | | fast - sometimes even while the injured |
| shall be so constructed, placed and operated | | | | worker is still in the hospital. |
| as to give proper protection to a person so | | | | |