It’s not uncommon for New York courts to really get into the details of a scaffold case or other work injury case. Victims and their families should be aware that certain kinds of scaffolding injuries and other workplace injuries are protected under New York Labor Law 240, which is also sometimes known as the “Scaffold law.”
Courts have to look at specific details of cases to figure out whether or not they fall into the category of protected cases defined by Labor Law 240.
Take, for instance, a particular 2006 case where a worker was wearing stilts that elevated him above the floor. The worker ultimately slipped on a patch of ice.
In testimony given in court, there were discrepancies about the height at which the work was being performed. There were also discrepancies on the very crucial issue of how the worker was instructed and supervised. The plaintiff’s testimony was that the supervisor had pushed for the completion of the task despite an existing hazard. Meanwhile, the supervisor had testified that the worker had not been instructed to work near the patch of ice and that the worker had actually been warned not to do the work in the icy area.
Regardless, the court found that the protections of Labor Law 240 did not extend to the case of someone operating on stilts where the secondary hazard (the ice) was crucial to the accident. The court considered that stilts are different from ladders and scaffolding in that they are not in a stationary position.
This type of detail may seem very inconsequential when an injury victim assesses his or her own case or pursuing a settlement. But injury lawyers know that these details are extremely important for different levels of court rulings in New York State. They know how to use federal, state and local law to the injured victim’s advantage, as well as how to pursue fair and equitable treatment under the law.
Qualified injury lawyers use this knowledge, as well as case precedent, to petition the courts on their client’s behalf and work toward the best interests of the injured victim to get the money needed for the cost of care and recovery. A qualified injury attorney should do all of the work required to support a New York personal injury case both in and out of court, while also helping the client understand all of his or her options, as well as advise on what to do about court dates and how to move forward, for instance, with getting qualified and impartial medical evaluation that treatment.
If you or someone in your family was hurt in a construction accident in Manhattan, Queens, Brooklyn, Staten, or anywhere in the NYC metro area, call the experienced personal injury and wrongful death lawyers at Rosenberg, Minc, Falkoff & Wolff. Let us help you bring a well-supported, strong personal injury case in local courts and make sure that your voice is heard in the state justice system.