A worker, who is a union-affiliated sheet-metal specialist, who worked at a construction site installing ventilation ducts had a 6-pound metal elbow joint from a pipe located 16 feet above the worker’s head fall and strike the worker’s head. The worker sustained injuries to his back, his head, and his neck. Hach & Rose, LLP, representing the worker, sued the construction site owner, the project general, and subcontractors.
Michael A. Rose, Partner at Hach & Rose, LLP, argued that the defendants violated the New York State Labor Law Section 240(1). Under Section 240(1), contractors and property owners are directly responsible when a worker is injured by an object that falls on a construction site, striking that person. The worker’s counsel presented evidence that the elbow was not properly secured to the pipe and overhead protection should have been installed to reduce the hazard of falling objects. In addition, the worker’s counsel argued that contractors and the property owner failed to provide the proper safety equipment as required by the law and industry safety standards.
As a result of the appropriate representation, the plaintiff counsel successfully submitted a motion for summary judgment, which the court granted, finding that the defendants violated Labor Law § 240(1). The remaining procedure was the determination of adequate damages for the worker.
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