The New York State Labor Law generally refers to §200, §240, and §241 of the Consolidated Laws of New York. These provisions hold contractors, leaseholders, owners, and agents liable in the event an employee is injured on the job. Section 200 codifies general negligence principles, 241 analyzes violations of the Industrial Code, and 240 is a strict liability statute applying to gravity-related injuries such as a worker falling from a height (ie. a scaffold or ladder), or an object falling and striking a worker, known as falling object cases. Although these guidelines seem fairly straightforward, these three sections of the law are subject to a great deal of interpretation by the Courts.
Partner Gregory Hach routinely lectures at labor unions speaking on topics such as workplace safety. Partner Michael Rose teaches lawyers at the bar association of New York how to handle these cases. Because success or failure of a case can hinge on a small detail, choosing the right attorney is vital. Results obtained by Hach & Rose, LLP, include $13M for a painter/operating engineer who fell from a ladder; $2.1M for a laborer struck by a Bobcat; $3.475 for a carpenter who fell from a temporary roof; $2.5M for an engineer who fell because of a poorly constructed permanent ladder; $1.625M for a carpenter who tripped and fell on a piece of debris; $2.5M for a sheet metal worker, $3.5M for a mason tender, and $3.525M for a construction supervisor.
If you have been injured in any manner in your workplace, give Hach & Rose, LLP, a call at (212) 779-0057 or visit them on the web at www.unionlawfirm.com.
In a 4-1 decision, the New York Court of Appeals decided last week that a workers’ compensation ruling in a personal injury case is binding, saying “findings of fact that are necessary for an administrative agency to reach are entitled to such effect.” This means that the plaintiff will not be allowed to litigate an issue in a personal injury lawsuit that had already been decided on in a previous workers’ compensation case proceeding.
The decision stemmed from a personal injury lawsuit filed by Jose Verdugo, which sought compensation from damages sustained in a 2003 construction site accident after no longer qualifying as a disabled person in a 2006 workers’ compensation hearing.
When you’ve sustained harm as a result of a construction accident, whether caused by your employer’s negligence or not, call an accident attorney from Hach & Rose, LLP, today. By calling (212) 779-0057, you can discuss how you may be able to pursue compensation against the party responsible for your losses.
A crane collapse occurred in Queens today, with a call coming in to the New York Fire Department just before 2:30 p.m.
It is unclear how many people have been injured, if any, or how severe any injuries are, although some outlets are reporting that there have been some injuries.
We will continue to follow this story as more information is released.
In 2007, construction worker Victor Munoz was working at a Times Square hotel when he suffered traumatic brain injuries as a result of falling from a ladder at the site.
Mr. Munoz was near the hotel loading dock, painting a beam, when the ladder became unsteady, causing him to lose his balance. He fell and landed on the concrete below, striking his head on the pavement. Sadly, this devastating work-related accident caused Mr. Munoz to suffer permanent brain damage, resulting in a loss of hearing on his right side and the inability to keep his balance.
The New York personal injury lawyers of Hach & Rose, LLP, represented Victor and his wife, Elvia, in a lawsuit against the Hilton Hotel Corporation. The jury in the case determined that the hotel property owners were negligent in their safety procedures, and therefore awarded $13,020,857 to Mr. and Mrs. Munoz. The award includes compensation for medical bills, lost wages, as well as pain and suffering.
For more information regarding this case, please click here.
The construction and repair of roads, buildings, and bridges will always be needed as they make up the very infrastructure of modern society. At times, though, working on such projects can be hazardous to those on the job site due to the negligence of others. When, in New York, a construction worker is injured due to the negligence of a municipality, there is a requirement that the injured worker file a notice of claim within ninety (90) days of the accident in order to proceed with a possible suit.
An example of the notice of claim requirement is embodied, in relevant part, in General Municipal Law § 50-e: A notice of claim is required to be filed “within ninety days after the claim arises . . . and shall set forth . . . (2) the nature of the claim; (3) the time when, the place where and the manner in which the claim arose; and (4) the items of damage or injuries claimed to have been sustained so far as then practicable . . . .”
Quite often there are circumstances where construction workers are injured on municipal property during the construction of municipal buildings, schools, and roadways. In many circumstances when workers are not aware of the notice of claim requirement and fail to contact an attorney within ninety (90) days of the accident, their claims are not preserved and their ability to file a lawsuit can be relinquished forever. Failure to file a notice of claim can prevent a person from recovering lost wages, benefits, past and future medical expenses, and pain and suffering damages.
If you are hurt in a construction accident and it may be due to the negligence of a municipality, it is important to file a notice of claim within ninety (90) days of the accident.
Our firm has achieved jury verdicts and settlements for injured individuals in the amounts of $13 million, $8 million, and $6 million, in addition to many others.
If you need legal help following a construction accident, contact the New York personal injury attorneys of Hach & Rose, LLP, today.
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