New York City Personal Injury Law Blog

Going to the Truck: The Application of NY Labor Law 240

Posted on Oct 26, 2015 in Construction Accidents, Personal Injury, Spinal Injuries

When it comes to New York construction accidents, the outcome is often something that emerges from the details of the case in a complex way. It’s not as easy as just saying “somebody was hurt and they need compensation.” There are many aspects to consider and language in New York State statutes that has to be analyzed and interpreted.

One of the easiest ways to explain this is where cases get held up by conversations about where a worker happened to be at the time of the accident. Were they on a ladder or scaffold? Where they holding a hammer and pounding on a structure? Were they on some other part of the job site, evaluating materials, going to and from the truck, or walking toward another part of the site at the time of the accident?

New York State Labor Law 240 specifies a certain set of protections for injuries where the victim’s work was “necessary and incidental to the erection or repair of the building or structure.”

That’s something that’s very open to interpretation, and we’ve seen New York cases be interpreted in many ways. We’ve seen New York courts hear prolonged arguments over what constitutes a structure, what type of work is covered and how lawyers define the specific purpose of someone’s activity at the time of an accident. But the issue of location is also critically important.

If someone is injured on a secondary part of the job say, in or near a truck, or in or near an entrance, a defendant may try to say that the rules of the statute don’t apply to the case. Then you may be faced with a court battle in which such details must be ruled on one way or the other.

Let RMFW Help

This is just one of the many situations where qualified injury lawyers play a critical role in the process. Injury victims rely on these skilled legal professionals to go to bat for them and explain to judges how their cases are relevant. Without a robust and thorough defense of their best interests, those who are harmed in the course of their work can lose out on the best potential outcome in court.

Qualified injury lawyers understand this and use everything at their disposal to serve their clients’ best interests. They help clients evaluate the best legal options and keep them informed about how their cases are proceeding. From the first consultation to the eventual resolution of the case, they keep their clients’ views and needs in the forefront and make sure that their voices are heard in New York courts.

Get Help From New York Spinal Cord Injury Lawyers

Regardless of the details, a New York City area construction worker who was involved in a workplace accident that led to a spinal cord injury or any other type of injury can contact the Law Offices of Rosenberg, Minc, Falkoff & Wolff. We will help you determine how details regarding the site or structure, the worker’s location, the tools used and other factors might influence the outcome of a case. Let us protect your legal rights in New York City courts.

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