The First Department, a New York State Appellate Court, upheld a Summary Judgment decision in favor of a construction worker who fell from a ladder while cleaning the windows of the store he was working in. That case decided on January 17, 2013, Hector Cuentas v. Sephora USA, Inc. et al. applied Labor Law 240(1) protecting the rights of construction workers injured during the scope of their employment. Labor Law 240(1) also known as the Scaffold Law, protects construction workers from falls at construction sites and injuries that result from them. The law, which has recently been expanded for the protection of injured workers, imposes strict liability on owners and general contractors who fail to provide adequate safety devices for employees who fall from ladders, scaffolds, sidewalk bridges, hoists, elevators etc. Mr. Cuentas testified that the ladder he was using was not steady and was too short for him to reach the windows he was attempting to clean prior to falling. He also testified that the defendant failed to provide him with an adequate safety device or harness in the event that he fell to prevent him from being injured. The defendants asserted that because Mr. Cuentas was on the top of the ladder at the time of his accident, his own negligence was the sole proximate cause of his fall. However, the Court found that since Mr. Cuentas use of the ladder was consistent with his employer's instructions, any negligence on his part was not the sole cause of his accident, and summary judgment on liability in favor of Mr. Cuentas was affirmed and granted. If you have been injured as a result of a construction accident, you may also be eligible for compensation under a personal injury or workers compensation claim. Our New York City personal injury lawyers at Jaroslawicz & Jaros, PLLC can help you navigate the legal processes you need to begin your recovery.
Injured construction worker who fell from ladder wins
Operator of Fallen Crane in New York City has License Suspended
As frequent followers to this blog may know, a crane recently fell in New York City near the East River waterfront, and it injured seven construction workers. At the time, it was unknown who or what was responsible for the unfortunate event, but now it is believed the reason is known and that reason is enough to make New York City construction accident attorneys shudder. At the time of the crane accident, the operator was attempting to lift almost 24,000 pounds, more than twice the crane's capacity when the crane broke and caused the injuries. Though none of the injuries are now life threatening, they were still serious. Apparently, the operator could not see what was being lifted at the time and was moving materials outside of the approved zone. The construction was supposed to be completed in 2014 however the site has since been shut down and it is unknown how long it will stay closed. For those who are injured by construction accidents, the recovery process is often difficult, not just for the worker but for his family as well. This is because it is not only a physical hardship the worker must now endure, but additionally a financial one since the income recovered when on disability leave is often much less than when he was working at full capacity Furthermore, one often faces an uphill battle to obtain workers' compensation benefits. Once the initial injuries are addressed, it is best to seek out help to obtain the benefits as soon as possible. Trying to fight the insurance company without help is often incredibly difficult and can result in claims being delayed or lost entirely. Recovering physically from a construction accident is difficult to start. Having to fight a second battle to get benefits that are deserved is adding insult to injury, but our personal injury attorneys at Jaroslawicz & Jaros, PLLC are here to help.
New York Crane Collapse
A giant crane collapsed at a Long Island City construction site this past week. The incident took place near 46th Avenue and Center Boulevard, right behind the landmark Pepsi-Cola sign on the East River. At least 7 were physically injured and many others were emotionally harmed. The crane was carrying wood at the time it snapped. The crane was leased from a company New York Crane, the same company who was involved in another tragic crane collapse in 2008 adjacent to East 51st Street. At this early time, the cause of the accident is yet to be determined. At Jaroslawicz and Jaros, our attorneys are experienced in litigating construction site accidents. We have litigated in both the East 51st crane accident as well as the East 91st crane accident, thus we have extensive knowledge of navigating the complex issues crane construction accidents may bring. Free Consultation - Manhattan Crane Accident Lawyers Call our New York City crane accident lawyers at 212-227-2780 or toll free at 1-800-269-2780. You can also contact us via e-mail. The initial consultation is free of charge. If we agree to handle your case, we will work on a contingency fee basis. We get paid only if you recover money.
String of construction accidents continues at World Trade Center
It appears as though the World Trade Center has been cursed, especially since earlier this year. On Dec. 26, yet another construction accident occurred at the construction site in New York City. This is the seventh one in 2012, leaving many people, perhaps even New York City construction accident attorneys, scratching their heads as to why so many accidents have occurred at the site this year. The string of construction accidents started on February 16, when a crane dropped steel 40 stories. It landed on a flatbed truck and miraculously left no one injured. The summer saw four accidents, beginning on June 2 when a fire ignited on the 89th floor. Luckily, once again there were no injuries reported. On June 26, a 37-year-old worker fell on a piece of steel, which punctured the right side of his body; he was taken to and treated at a hospital. On July 13, a steel beam rolled over a worker's leg. He was also treated at a nearby hospital. On Aug. 11, a worker fell one story and was treated for minor injuries. Yet again, this fall, a worker inside the World Trade Center hit his head on an overhead pipe and was treated for a minor injury to his head. The latest accident was a fire that erupted in a container at the construction site; thankfully, nobody was injured. Despite strict regulations and safety programs, construction accidents still occur at alarming rates. This is because construction is a dangerous field by nature. Construction workers work with power tools, saws, cords and nails, all which can cause serious injuries. If you work in the construction industry and have an accident that leads to an injury, you might be entitled to pursue compensation with the help of a construction accident attorney at Jaroslawicz & Jaros, PLLC. Source: New York Daily News, "Another accident at World Trade Center construction site in lower Manhattan" Joe Kemp, Dec. 26, 2012
