Labor Attorney

Scaffold and Ladder Injury Cases and the New York’s Workers’ Compensation Law

Written on July 16, 2010 by admin

Filed Under: Labor Law

New York’s Workers Compensation Law generally prevents an employee hurt on the job from suing his or her employer. However, when a worker is injured in a ladder or scaffold accident, he or she may have a right to recover damages even if his employer was the only negligent party. 

New York’s Workers’ Compensation Basics

If you are injured on the job in New York, you automatically qualify for Workers’ Compensation and your employer should file for you immediately. Workers’ Compensation will cover your medical expenses and reimburse you for cash losses. If you must miss more than 7 days of work due to a work-related injury or illness, Workers’ Compensation will partially reimburse your lost wages. The amount you receive will depend upon your average weekly wage for the previous year.  The maximum amount paid cannot exceed $500 per week.

You can click here to go to the information on New York’s Workers’ Compensation program. You can click here to go to the New York State Workers’ Compensation Board web site.

Ladder and Scaffold Cases

New York State Labor Law (Section 240 and 241) grants special protections to workers injured while working on ladders or scaffolds. These provisions also protect construction workers hurt by objects falling from a ladder or scaffold. This section of the Labor Law aims to improve worker safety.

This exception applies as long as the incident meets four criteria:

Ladder and Scaffold Lawsuits

If a worker is hurt on the job in a ladder or scaffold accident, he or she may be entitled to seek damages from the owner of the property and/or the general contractor on the worksite. New York’s Ladder and Scaffold law establishes absolute liability against the owner and general contractor, meaning that even if the worker or the worker’s employer caused the accident, the owner and general contractor still bear full liability.

Many ladder and scaffold cases involve falls. I had a scaffold case in Brooklyn where a construction worker tripped and fell over some improperly stored materials on a scaffold that left him with two herniated discs. We settled that case for $300,000. In a case involving an accident at the Queens County Courthouse, a cable installer fell from a ladder and injured his back.  After proving the defendant’s liability at trial, we settled for $225,000.

Some ladder and scaffold cases involve injuries that come from causes other than a fall. I have had cases where objects fell from above and hurt a worker. In an unusual case, an attorney used a stepladder given him by his landlord. The stepladder proved to be defective and when the attorney used it, the ladder collapsed and fractured his finger. That attorney retained me to try his case and we settled for $165,000. 

Help with Ladder and Scaffold Lawsuits

If you or a loved one has suffered an injury in a ladder or scaffold accident, you should make sure that the person receives immediate medical care.

If you believe that you are entitled to compensation, you should contact an experienced New York personal injury lawyer. Trying cases involving New York’s Ladder and Scaffold Law require a familiarity with the law and the case law that has developed from the many court rulings on these cases. I have handled many ladder and scaffold cases over my twenty plus years practicing personal injury law in New York. I will be glad to answer your questions and assist you if you think you have a case arising from a ladder or scaffold accident.

 

Sales Compensation and the Law

Written on July 10, 2010 by admin

Filed Under: Labor Law

Upper Saddle River, NJ – – The New York Department of Labor recently passed an amendment to the Labor Law relative to sales personnel. Effective October 16, 2007, employers are required to provide written terms of employment for commissioned salespeople or risk adverse impact of decisions rendered in any wage action brought against the employer. In the absence of a written document setting forth the terms of employment of commissioned salespeople, the Department of Labor will rule in favor of the terms alleged by the salesperson bringing forth the complaint. It is expected that this could have a potentially sizable negative financial impact on a company.

Under the terms of this legislation, the following information must be included in the written documentation:

1. Method of calculation of wages, salary, commissions, draws against commissions and any other moneys earned;

2. When a commission payment is considered “earned”;

3. When a commission payment will be made to the salesperson;

4. How often a recoverable draw will be reconciled;

5. What commissions will be payable in the event of termination, and when they will be paid.

The goal behind any compensation program, but especially sales compensation programs, should be to drive the desired type of performance, and ultimately achieve four (4) key objectives, which can be summed up by the acronym “FARM”

Focus attention on desired activities;

Attract the qualified applicants;

Retain the experienced and highest performing personnel; and

Motivate them top perform at their maximum.

A considerable amount of effort is required in order to achieve these goals, meet various government regulations, and, at the same time, be simple enough to communicate to the affected salespersons, and be within the company’s ability to administer the pay program. Unfortunately, many companies are not able to balance these different demands, and therefore their plans do not deliver the desired business results. In an attempt to remedy this less than satisfactory situation, these sales compensation plans continually need to be revised. This builds distrust among the sales staff, and can be a significant de-motivator, leaving the door open for mistakes and possibly illegal activities to occur.

It is unfortunate that New York State felt that it was necessary to enact this legislation, but it apparently is a direct result of action to correct problems caused by companies that did not provide the basic information to their salespersons. This amendment to the Labor Law will have serious implications for employers in New York, and should serve as a wake-up call to all employers, everywhere. Don’t wait for complaints filed by salespeople, legal challenges to pay practices, or the adoption of new regulations — now is the time to review your sales compensation programs to ensure that they meet the following standards:

A. They are properly documented

B. They are monitored to make sure they are achieving the desired objectives, and do not cause any unintended problems

C. They provide a financial Win-Win situation for both the employee and the company

D. The communications of sales activity and earnings is accurate and reported timely

E. They meet legal requirements and best practices