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New York Courts Continue To Expand Protection For Construction Worker Injuries

July 26, 2011

In a recent decision, the New York Supreme Court’s Appellate division signaled an intention to expand the protection to New York construction workers who sustain personal injuries on a construction site because of falls from unprotected heights.

In this recent case, a demolition worker sustained personal injuries while climbing over an eight-foot- high, partially demolished wall and a pile of demolition debris which was blocking the doorway to go to a different work area. While climbing the wall, the demolition worker tripped and fell over the eight-foot wall and sustained serious personal injuries.

While many construction accident attorneys analyze Labor Law 240, only as to whether a ladder, plank or scaffold, our New York construction accident lawyers also focus on the lack or failure of a contractor or construction site owner to provide a ladder or scaffold or other device to safely work at a height or prevent a fall from occurring. As New York’s Supreme Court’s Appellate Department recently held, the critical issue in a Labor Law 240 case is whether plaintiff’s injuries were the direct consequence of a failure to provide adequate protection against a risk arising from a physically significant elevation differential.

Therefore when construction workers in New York are not given adequate tools and have to improvise to do their work, and they get hurt on a construction job site, our New York construction accident attorneys will continue to protect New York’s construction workers who get injured for no good reason.

The Law Offices of Michael H. Joseph