October 13, 2015 • Construction Accidents
Among the many questions that personal injury lawyers may need to deal with in evaluating a work injury claim, one of them is the specific chain of delegation or direction of a work process that led to an accident and injury.
These qualified legal professionals look at all aspects of the case to evaluate the relevance of federal, state and local law. They also look at other similar cases to determine how New York courts normally react to a claim. Also, they do extensive research and fact-finding to see whether any third party liability applies.
One factor that’s critically important is whether an employee was specifically told to do dangerous or hazardous work or whether the person was performing delegated work at the time of the accident. If so, there is a clearer chain pointing back to the employer as having ordered someone to do something potentially unsafe. If not, a defendant could make the case that an employee was liable for his or her own injury.
Specific examples relate to provisions of New York labor law. For example, New York Labor Law 240 contains specific clauses about protections for workers who are at work “erecting or maintaining a structure.” Many different kinds of buildings and other installations qualify as structures, so this law is commonly used.
However, New York courts have repeatedly ruled against workers who were found to be doing work that was not specifically delegated by the employer. Different kinds of elective work may not qualify for certain court awards or other findings because the defendant can argue that they had no foreknowledge of the work and no involvement in the implementation of the process in question.
Was a worker order to do something unsafe? And why was the job unsafe? Was it because of a lack of personal protective equipment, failure of adherence to safety provisions or lack of training? All of these questions factor into the delicate details of work injury cases that attorneys work through on behalf their clients.
Throughout the process, the harmed individual’s legal counsel will inform him or her about the options under the law and advise on how to pursue compensation for the costs of care and recovery after an injury. By pursuing the case in detail, listening to clients and staying connected to them throughout the legal process, these attorneys are ensuring that their clients’ best interests are considered in court and that their voices are heard.
If you’ve been injured in a workplace accident, called the experienced New York City work injury lawyers at Rosenberg, Minc, Falkoff & Wolff to get legal counsel and information on how to bring a personal injury case against any responsible parties. Let us help you advance a work injury case in New York courts.