Oresky & Associates, PLLC., construction accident lawyers, representing accident victims for over 25 years, call us for a free consultation at 718-993-9999.
If you’ve been hurt working at a construction site, you may know that you should be entitled to receive some sort of compensation for your injuries. You may not know, however, how much your award should be, and you may not know how to go about getting that compensation that you deserve. This is where a knowledgeable New York construction accident attorney can help you by providing you with skilled representation.
One way that an injured construction worker can succeed is by using the state’s code of regulations as part of their case. An example of this type of case was the accident of Robert, an apprentice electrician in Manhattan. One day in late 2014, Robert’s duties included pulling wires and installing new electrical conduits in the building’s basement. That basement contained several hallways, some of which were lit better than others. While Robert was hauling a ladder down a dark hallway, he tripped and fell on a steel elevator cable that was part of a pile of debris. The fall caused Robert to suffer serious injuries.
The electrician filed suit. One method for winning a construction injury case is by showing that a violation of an Industrial Code regulation occurred. This provides a wide potential array of ways to recover damages, depending on the facts of your case, since there are many regulations in the Industrial Code that relate to worker safety.
In Robert’s case, he asserted that multiple regulations had been violated. One in particular, though, held the key to success in his case. That regulation requires that all passageways must be free of “debris and from any other obstructions or conditions which could cause tripping.” It also demands that “areas where persons work or pass shall be kept free from accumulations of dirt and debris and from scattered tools and materials.”
Robert was entitled to summary judgment in his favor on this basis. (That means that he received a judgment of liability in his favor without having to go through a full trial.) The court ruled in Robert’s favor despite defense arguments that the pile of debris that tripped him was integral to the work being done. (This argument, if successful, could have defeated Robert’s argument for summary judgment.) The judge’s ruling for the electrician made it clear that the defense had to show not just that the debris was integral to work being done but also that it was essential to the work Robert was doing. There was no proof of that, so Robert succeeded.
What all of this goes to show is that there are lots of different regulations in the Industrial Code and numerous different ways that you may be able to succeed in a construction accident case and get the compensation you deserve. To achieve that success, though, you need on your side an in-depth and up-to-date knowledge of all of the laws and regulations. You need the skill and experience of the New York City construction accident attorneys at the law offices of Jacob Oresky. Our team has spent many years working diligently on behalf of our valued clients throughout the New York metro area, including in Westchester County and on Long Island, to help them get back on their feet. 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.
More Blog Posts:
The Fatal Four—the Most Common Causes of Accidental Death on a Construction Site
Photo Credit: Erikrhendrickson, [CC0 License], via Wikimedia Commons