Many people might think that the laws that potentially provide for compensation for construction site injuries only apply to people employed as construction workers. These laws, however, can apply to an array of different individuals. Many of them are construction workers, but not all are. If you have been injured at a construction site, even if you’re not a construction worker, it is worth your while to explore your options. Talk to a knowledgeable New York construction injury attorney to learn more about your potential case.
An example of this was the case of D., who was the owner of property on Long Island that included a single-family home. One June day in 2014, D. was at the property to inspect the work being performed by the construction firm he had retained to do some excavation work on the property (that was necessary prior to adding a room onto the home). D., while walking around the property, slipped and fell, suffering significant injuries.
D. sued the excavation company. His lawsuit alleged that his slip-and-fall was the result of oil that had leaked from a faulty hydraulic line of a backhoe that the excavating company had brought on the property.
So far, this might sound like an ordinary slip-and-fall case. However, D. brought claims for compensation based upon Sections 240(1) and 241(6) of the Labor Law. While these claims for compensation are often used by construction workers injured on the job sites where they work, they can apply in a variety of construction accident circumstances.
The excavating company attempted to persuade the trial judge to throw out the statutory claims, but the court refused. (That ruling was later upheld by the Appellate Division.) The courts concluded that D. had valid Section 240(1) and 241(6) claims. In making this determination, the courts decided to reject the excavating company’s argument that D. was not entitled to pursue these claims because he was not “employed” at the site and the excavating company was not a general contractor, an owner of the property or an agent of the site owner.
In this case, D.’s counsel had put together claims that properly fell within the laws. The law says that a subcontractor (which the excavating company was) can be liable for violating Section 240(1) or Section 241(6) “if the owner or general contractor delegates to the subcontractor the ‘duty to conform to the requirements of [the Labor Law]’ by granting the subcontractor the authority to supervise and control the work which brought about the injury
In D.’s case, the subcontractor had the level of authority required by the law, so that meant that the Labor Law claims could stand.
For the useful advice and skilled representation you need, reach out to the helpful Queens construction injury attorneys at Newman, Anzalone & Newman. Our team has been aiding people injured at construction sites in getting fair compensation for the harm they suffered for many years. To put our experience to work for you, schedule a free consultation with one of our highly qualified attorneys. Contact us toll-free at 877-754-3099 or through our website.
More Blog Posts:
New York City Construction Worker Wins Liability Portion of His Case Based Upon an Extension Cord Left on Staircase, New York Personal Injury Lawyers Blog, June 18, 2018
A New York Scaffold Law Case Can Still Be Successful Even if the Object and the Injured Worker Were on the Same Level, New York Personal Injury Lawyers Blog, June 6, 2018
Photo Credit: mohamed_hassan, [CC0 License], via Pixabay