Oresky & Associates, pllc., construction accident lawyers, representing accident victims for over 25 years. Call us for a free consultation at 718-993-9999.
There can be numerous different ways that you can get hurt while working at your construction job. Statistics show that falling objects are the second-most common source of construction injuries. When you are hurt by a falling object, there may be a variety of ways that the law allows you to seek compensation for your injuries. To find out how to proceed with your case, you should reach out to a knowledgeable New York construction accident attorney.
An injury case from Brooklyn involving a worker who cleaned waste treatment tanks illustrates how workers can get hurt by falling objects and how they can win their legal cases. The worker, Julian, was working at a facility in Brooklyn that demolished waste treatment tanks. Julian’s job consisted of entering the tank and hosing down the interior of the tank so that the waste could be liquefied and then removed from the tank in advance of demolition.
One September day in 2008, Julian was hosing a tank when a very large pile of sludge broke free and began moving toward him. The pile of sludge was so massive that it was bigger than Julian. According to Julian, he yelled for help, but no one helped. When he looked up, no one was allegedly at the top of the tank. He allegedly pulled on the cable to which he was attached, but no one responded.
The sludge overtook the worker, and he ingested some of it. Eventually, someone noticed the problem. The fire department was summoned, and, four hours later, Julian was finally removed from the tank.
Julian’s injuries were significant and led him to sue. One way to win your falling object injury case and receive an award of compensation is if you prove that your injuries were a result of a violation of one or more of the state’s regulations contained within the Industrial Code.
Julian’s job required that he be lowered into the bottom of a 60 foot by 80 foot tank. Since the tank was an “unventilated confined area,” there were several New York regulations that related to how Julian’s job must be performed. One of these safety regulations required that a safety monitor be stationed at the access opening of the tank. The regulations required that the safety monitor maintain visual contact with the worker inside the tank at all times.
The crux of Julian’s case was that he was entitled to a judgment in his favor and an award of compensation because there was no one watching him at the time of the accident, despite the regulations requiring safety monitoring at all times. The rules require actual visual contact with the worker himself. One man who was supposed to be monitoring Julian claimed that he had maintained visual contact because he could see water splashing, but he admitted that he couldn’t actually see Julian, didn’t have a radio, and couldn’t render immediate aid to Julian if he needed it (which he did).
All of that added up to a violation of the regulations, which meant that Julian was entitled to a judgment in his favor.
A lot of times, the details of regulations and regulatory requirements implicated by Section 241 of the Labor Law can seem quite complicated. What you should take away from Julian’s case is that the law gives you multiple options when you are hurt in your construction job by a falling object. That means that, if you’ve suffered such an injury, you should reach out without delay to experienced injury counsel. The diligent and knowledgeable New York City construction injury attorneys at the law offices of Jacob Oresky have spent many years working on behalf of our construction worker clients throughout the New York metro area, including in Westchester County and on Long Island, providing them with the representation that they deserve. Contact us to find out how we can help you.
For a free case evaluation, contact us online or call our office at 718-993-9999. Our phones are answered 24 hours a day, seven days a week.
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Photo Credit: ProSmile, [CC0 License], via Pixabay