Published on:

How a Failure to Repair or Replace Equipment May Help You Succeed in Your New York Construction Injury Case

Legal News GavelConstruction workers in New York have to work with a wide array of devices, ranging from simple ladders to heavy machinery. The law requires that you receive equipment that is in a safe working condition. If that isn’t the case, and you get hurt as a result, you may be entitled to compensation. To discover more about your options regarding your construction injury, get in touch with a knowledgeable New York construction accident attorney about your situation.

One example of this type of case was the lawsuit pursued by a construction worker named Wanderlei. In 2015, Wanderlei was working a project repainting a bridge that spanned the Hudson River south of Albany. The project called for sandblasting the old paint from the bridge in advance of repainting it. Wanderlei’s job consisted of vacuuming up the steel “shot” or “grit” that was used in the sandblasting process.

On his second day on the job, Wanderlei was hurt. The hose he was using to vacuum detached from a larger hose. This disconnection allegedly jerked the man forward, causing him to step on some of the grit beneath him. He then slipped and hit his head on a bridge appurtenance.

The injured man sued for his injuries, and the New York Court of Claims concluded that he could go forward with his case against the New York State Thruway Authority. There are several different ways that a construction worker who is injured on the job can win his or her case and recover compensation for the harm suffered. One way is if the worker’s injuries were results of a “gravity-related” harm against which the worker was not provided proper protection. This can involve a worker falling or something falling on that worker. Wanderlei’s injuries were not related to any sort of fall or falling object, so that avenue was not available to him.

However, New York law also provides injured construction workers with an opportunity to sue and receive compensation if their injuries were results of failures to comply with certain state regulations that govern safety, called the Industrial Code. One of those regulations says that adequately frequent inspections must be done on all “power-operated equipment” to make sure that it is in properly maintained condition. The regulation also requires that, upon “discovery, any structural defect or unsafe condition in such equipment shall be corrected by necessary repairs or replacement.” That regulation is considered to be sufficiently specific to create “an affirmative duty on employers to” make necessary repairs to, or replacement of, power equipment that is structurally defective or otherwise unsafe.

In Wanderlei’s case, his complaint laid out a case of injuries resulting from a vacuuming device that was defective or unsafe and should have been repaired or replaced. This was enough to allow the worker to go forward with his claim for compensation under Section 241(6) of the Labor Law.

If you’ve been hurt because of defective equipment at your construction job, get in contact with the experienced Queens injury attorneys at Newman, Anzalone & Newman. Our team has been aiding injured construction workers in getting the compensation the law says they deserve. To put our experience to work for you, schedule a free consultation with one of our qualified attorneys. Contact us toll-free at 877-754-3099 or through our website.

More Blog Posts:

How Evidence of a Defective Device Can Help You Win Your New York Construction Accident Case, New York Personal Injury Lawyers Blog, Dec. 13, 2017

New York Construction Worker Wins Summary Judgment for Injuries Suffered as a Result of Falling Transformer, New York Personal Injury Lawyers Blog, Aug. 18, 2017

Contact Information