When it comes to construction accidents in New York, we’ve seen all kinds of court rulings that come down to the critical details in the case. We’ve seen rulings that clarify who was doing what, discuss how it relates to a specific work process, and examines whether or not the case pertains to specific New York State labor laws such as NY Labor Law 240.
Here’s an interesting case that illustrates some of the complexities.
In Joblon v. Solow, a New York State case brought in 1998, an electrician fell from a ladder while he was trying to chop a hole through a wall with a hammer and chisel. This was allegedly done to install conduit pipe behind the wall to install a wall clock.
Workplace Dangers in New York
In Joblon, the injury stemmed from the improper use of a ladder inside the room. The electricians employed had to run wiring across the room and through a wall to install the clock. However, one of the rooms was too small for the ladder to be fully opened, so it was propped against the wall instead. While individual workers took turns holding the ladder for one another, the time came when all other workers were doing other specific activities to support the job in question and the individual worker went up on the unsecured ladder.
Although these events themselves are critically important to the case, a lot of the case work related to Joblon involved looking at the meanings of Labor Law 240, for instance, asking whether the work “makes a significant physical change to the configuration or composition of the building or structure.”
The Outcome
In a court letter, judges found that both NY Labor Law 240 and NY Labor Law 241 applied to the case. Lawyers reported a $750,000 court award for the plaintiff, Richard Joblon, after review by multiple courts. This type of case is often looked at in successive injury cases where courts have to evaluate a worker’s status at the time of an accident. Case precedent, though, is just one factor in how a personal injury lawyer will go about supporting a case and helping a victim pursue fair and equitable treatment.
Personal injury lawyers get involved on behalf of their clients, the workers injured on the job, to do the necessary fact-finding to support their clients’ cases in court. Using knowledge of federal, state and local law and with careful application of case precedent, these legal professionals can help build a personal injury case against a third party — a defendant who may be liable to compensate the injury victim.
Call New York City Trip and Fall Attorneys Right Away
A worker who is harmed in a New York City construction or building accident can call the lawyers at Rosenberg, Minc, Falkoff & Wolff. We will help evaluate every aspect of a case to see whether the injury scenario can fall under laws like NY Labor Law 240 and 241. Let us help to make sure our voice is heard in New York courts.
