In any construction injury case, there will be lots of factual information to accumulate and evaluate. Achieving success will involve not only amassing the facts but also understanding which factual items are necessary to winning your case and which are not. This is but one of many areas where a skilled New York construction accident attorney can help you. An example of this is the case of a home repair worker injured by falling plywood. Regardless of why the plywood fell, the worker was entitled to win a judgment in his favor because he had established all necessary proof.
The worker, José, was working on a roof repair to a three-family home owned by Bebe. The work went like this: José cut sheets of plywood into specific sizes needed on the roof. José then handed off the cut pieces to a co-worker, who tied them to ropes, and the roped plywood was then hoisted onto the roof, some 20 feet off the ground.
A piece of plywood fell from above and hit José. He sued, alleging that the injuries he had suffered from the plywood made the property owner liable to him under Section 240(1) of the Labor Law.
Many people think of Section 240(1) of the Labor Law as the “Scaffold Law.” The protection that Section 240(1) also protects workers working at ground level who are hit by construction materials and equipment that should have been secured. This means that, in many situations in which there is a significant height differential between the worker and the potential risk, the worker is entitled to the protections stated in Section 240(1).
In José’s case, the two sides had two very different theories regarding how the worker got hurt. José contended that the plywood fell because it was not properly secured to the roof. Bebe asserted that the plywood fell because one of José’s co-workers accidentally dropped it as it was being installed or was about to be installed.
José was entitled to a judgment in his favor, regardless of which theory was correct. The law only required him to prove that a significant height differential existed and that the harm he suffered on the job site was a result of the owner or general contractor’s failure to provide him with proper protection against the risks that could arise from that height differential. He had this proof, so he was entitled to a judgment finding Bebe liable, regardless of what actually caused the plywood to fall.
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Photo Credit: skeeze, [CC0 License], via Pixabay
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The skilled and diligent New York City construction accident attorneys at the law offices of Jacob Oresky have been working for many years to assist construction workers injured on the job as they seek fair compensation for the harm they suffered. Our clients span across the New York area, including Westchester County and Long Island. Find out how you can put us to work for you to help you get what you’re entitled to receive under the law.
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