Millions Recovered for injured construction workers
I am often called upon by clients and other law firms to investigate whether in addition to a workers compensation claim a tradesperson injured at a New York State construction site has a viable 3rd party lawsuit. If we believe violations of certain sections of the New York State Labor Law took place we will file a lawsuit against the property owners and general contractor at the construction site and seek compensation for your pain and suffering as well as both past and future lost wages.
4 Million Settlement for Painter’s Fall from Scaffold
Four Million Dollar Settlement for client due to the negligence of the company he worked for and the general contractor overseeing the job site.
A young man working as a union painted fell 20 feet from a scaffold to the street. He was working on an elevated platform when he stepped through a hole in the platform surface. He sustained serious injuries' including herniations to his lumbar spine and fractures to his heel and knee cap.
Plaintiff alleged violations of New York State Labor Law Section 240(1). Labor Law Section 240 (1), also known as the scaffold law, imposes absolute liability on owners and contractors when they fail to protect the workers employed on a construction site from the risks associated with gravity related risks. What does that mean? While the statute is wordy and uses many nuanced legal terms the concept is rather straightforward. It protects workers who are at risk of falls from heights while on the job. That can either mean the worker is at risk of falling from an elevated platform such as a scaffold or a ladder, or the worker is at risk of getting struck by something that fell from above him on the construction site.
To protect from these common and dangerous construction risks Labor Law 240 (1) directs that all contractors and owners as well as their agents shall furnish safety equipment such as scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices to give proper protection when engaged in erection, demolition, repairing, altering of a building or structure.
In the lawsuit, we claimed the defendant had violated New York State Labor Law Section 240 (1). The lift our client was provided with was defective, and even though tasked with working two stories above the street below he was not provided with appropriate fall protection equipment, including secure tie-off points to attach a safety harness and lanyard he was wearing at the time of the fall.
$1.25 Million Settlement For Client Struck by Cinder Block Wall
I secured a settlement of $1.25 million dollars for our client. Our client was a middle-aged laborer. He suffered severe neck and back injuries when a partially constructed cinder block wall toppled over on him on a windy day.
At the time of the accident, he was a citizen of the Dominican Republic who was living and working in the United State with a green card. A green card is also known as a permanent resident card. Our client a forty eight year old laborer sustained neck and back injuries when a partially constructed cinder block wall was caused to topple over onto him on a windy day.
Labor Law 240(1) not only applies to falling workers but may also apply when workers are struck by falling objects at the construction site. These cases are highly fact specific and successful prosecution depends on thorough and aggressive investigation. Here through the discovery process we were able to demonstrate that the accident that injured our client was the type of gravity related accident contemplated by the statute and that it resulted from the lack of appropriate safety devices to secure the partially constructed wall and the trades people who were asked to work in its shadow as it rose from the floor.
In many cases we are able to assert claims seeking lost wages, both past and future, that resulted from the injuries our clients sustained in the accident. One of the issues we initially ran into in this case was that our client like many in the construction trades was working off the books, being paid in cash by his boss at the end of each work week. Here we were able to reconstruct our clients work history and past earnings by working with the client to develop evidence based on proofs and his own testimony concerning his past earnings and work history.
$950,000 Settlement for Construction Worker’s Torn Rotator Cuff
No matter how careful a tradesman may be, sometimes, injuries can happen unexpectedly, due to events outside of their control. This is especially true when vehicles or heavy equipment are involved. Often times when confronted with the facts concerning how the accident took place we will assert separate claims both under New York State Labor Law Section 240(1) and New York State Labor Law Section 241(6). We secured a $950,000 settlement for construction worker who was knocked off a lift truck when it was bumped by a motor vehicle passing by the work zone. The subsequent eight foot fall from the platform caused our client to sustain a rotator cuff tear requiring arthroscopic surgery.
In prosecuting the case we asserted that not only was the accident gravity related in that the plaintiff was knocked off a work platform but we also asserted a violation of New York State Labor Law Section 241(6) based on Industrial Code Rule 23-1.29. Rule 23-1.29 provides:
Whenever any construction, demolition or excavation work is being performed over, on, or in close proximity to a street, road, highway or any other location where public vehicular traffic may be hazardous to the persons performing such work, such work area shall be fenced or barricaded as to direct such public vehicular traffic away from such area, or such traffic shall be controlled by designated persons.
Labor Law 241 (6)
Labor Law 241 (6) involves a failure to provide a safe work site based on the violation of a group of construction site regulations known as the NYCRR. Often when a claim involves a violation of one of the many specific regulations contained in the New York Industrial Code, the owner of the property and the general contractor can be sued for the negligent acts of a subcontractor even if they did not control the work that was being performed or even know what the subcontractors’ employees were doing on a day to day basis.
New York State Labor Law 241 (6) recognizes the unique risks involved at a construction site and holds owners and general contractors accountable if certain regulations were violated. In essence if there is a violation of a specific provision in the regulation and you hired them or hired someone who hired them, you are responsible if something goes wrong. These Labor Laws are designed to encourage property owners and general contractors to hire good people and remain invested in the work that those people are performing.
Six-Figure Settlement for Worker Stepping into Unsecured Hole
We negotiated a settlement in the mid six-figures for an ironworker who stepped into a hole at a jobsite. While working on the steel superstructure he unknowingly stepped into a hole in the concrete floor where the plywood cover had come loose.
Recognizing the potential violation of a Industrial Code contained in the NYCRR we brought a claim under section 241 (6) of the New York State Labor Law citing a violation of 12 NYCRR 23-1.7 (b)(1)(i). That section of the code provides that every hazardous opening at a construction site into which a person may step or fall shall be guarded by a substantial cover fastened in place or by a safety railing constructed or installed in compliance with the rule.
$370,000 Recovery for an Injured 60 year-old Carpenter
Our client while working as a carpenter stumbled when his foot became ensnared in an unsecured tarp being used to protect new carpeting at an office build out where he was hired to do finish work.
We alleged a violation of New York Labor Law Section 241 (6) citing a violation of Industrial Code NYCCR 23-1.7 (e) alleging the unsecured tarp constituted a tripping hazard. Filing a lawsuit against the owner of the building, the tenant remodeling the office and the general contractor tasked with overseeing the jobsite we were able to secure favorable testimony showing that despite the size of the project the general contractor only had one laborer on staff responsible for cleaning and securing the worksite each day. Further we learned that the sole laborer had been absent the day before our clients accident.
After stumbling our client caught himself and did not fall to the ground. He initially thought he had simply tweaked his groin and after visiting an urgent care facility returned to work the following day. He continued to work through the nagging issue for the next several months only following up with a specialist after the discomfort persisted. He eventually underwent surgery for the aggravation of a preexisting condition.
Mid- Six figure settlement for undocumented construction worker
Our client fell off a baker scaffold at a Long Island construction site sustaining a head injury and an avulsion fracture to his wrist. Our client had come to the United Stated from Ecuador on a travel visa and at the time of the accident had overstayed his visa.
Workers in New York are covered by many labor and employment laws regardless of their immigration status. In New York workers injured on the job are entitled to workers compensation benefits regardless of their immigration status. This means that undocumented workers have the right to medical treatment and a portion or their lost income by filing a claim with their employer’s workers compensation carrier.
Sometimes clients are apprehensive to file a workers compensation claim against an employer. From our initial conversation with a new client we sit down and discuss their questions, concerns and options. New York has laws in place that protect workers who file claims against their employers from retaliation such as being fired or having their hours cut.
Similarly there is a consensus among the New York Courts that an undocumented worker who is injured on the job as a result of a violation of New York State Labor Law 240 (1) or 241 (6) can bring a lawsuit and that their status does not preclude their recovery of lost earnings in the lawsuit.
Claims under New York State Labor Law Section 240(1) and Labor Law Section 241 (6), can be complicated and are often highly fact specific. There are so many wrinkles in this area of law that what is important or relevant to one clients claim might be a non-issue in another clients case. You want an attorney with a track record of success in construction accident cases handling your accident case and guiding you through the process. If you or someone you know has been injured in an accident at a construction site reach out to me to discuss your options.
ATTORNEY ADVERTISING Prior results do not guarantee similar outcomes. Contacting Attorney Adam C. Raffo does not establish an attorney-client relationship. Nothing on this website should be taken as legal advice for any individual case or situation. This website is for informational purposes only.
