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New York Construction Accident Landscapers Are Covered By The Labor Law

December 3, 2009

Michael Joseph, is a New York Personal Injury Lawyer who has extensive experience in representing people injured in construction accidents. As a New York construction accident attorney, Michael Joseph recently won a trial holding a landowner and general contractor one hundred percent responsible for an excavation accident. Following the verdict, there was a two million dollar settlement, plus all future medical bills.

Prior to trial, the defendants appealed a decision of the Westchester Supreme Court which held that the New York Labor Laws which govern construction did not cover a landscaper working on a construction site, who was injured in an excavator accident. Michael Joseph successfully argued the case before the Second Department of the New York Supreme Court.

The Appellate Court held that Labor Law § 241 imposes a nondelegable duty on owners and contractors to comply in connection with construction, demolition or excavation on a construction site, he was covered under the Labor Law and the defendants could be held responsible for our client’s injuries.

The result we obtained debunks the myth that Plaintiffs undocumented aliens in Westchester cannot win.

The Law Offices of Michael H. Joseph