In New York, in order to obtain compensation in a lawsuit filed under the Scaffold Law, your injury must have been gravity-related. Fortunately for injured workers, New York courts over the years have established a relatively broad definition of gravity-related. An object does not necessarily have to have fallen down or have swung upward in order for an accident to be gravity-related. The Court of Appeals has made it clear that, just because a worker and the object that injured him were on the same level, that does not automatically mean that the accident was not gravity-related. There are many different ways to succeed in a Scaffold Law case. To learn more about your options, talk to a knowledgeable New York construction accident attorney.
An example of a viable case that lacked a substantial elevation differential was the injury suffered by a worker named Jeff. Jeff was part of a crew hoisting a 1,000-pound steel beam. Specifically, Jeff was responsible for supervising the crew that was doing the actual hoisting, which was controlled by a mechanical switch. Jeff was reviewing blueprints when a crew member hit the hoist button prematurely, which sent the beam swinging toward Jeff. It hit him and resulted in Jeff suffering a torn biceps tendon.
The injured worker sued to recover compensation for the harm he suffered in the accident. His case asserted that he was entitled to compensation because the defendants violated Section 240(1) of the Labor Law. That statute, sometimes known as the “Scaffold Law,” aims to protect construction workers from harm resulting from elevation-related risks of harm.