Posts Tagged workers

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.

 

Carol L. Schlitt has practiced law in New York for 23 years. She has operated her solo practice since 1997. Previously she worked as the Assistant Corporation Counsel – Senior Trial Specialist for the City of New York and as an associate for the Manhattan firm of Acito and Klein. She is a past winner of the New York City Municipal Attorney of the Year and has her case listed among the Top Ten Civil Verdicts in New York. 

A testament to Carol’s legal prowess can be seen in the fact that attorneys throughout the New York metropolitan area retain Carol as their personal injury lawyer to try cases for their clients and to assist them in other legal matters. When they want the best personal injury lawyer, they turn to Carol L. Schlitt.

If you have suffered a personal injury, you may be entitled to compensation. If you think you have a case or if you have questions, please call me and I will be glad to discuss your rights, answer your questions and help you with a potential case. You can call me at 1-800-660-1466 or send me an e-mail at Carol@SchlittLaw.com or visit the website www.SchlittLaw.com. The consultation is free and I will be glad to help you.

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Protecting Houston Workers by Enforcing Federal Law

Written on July 9, 2010 by admin

Filed Under: Labor Law

If you have ever been employed by another individual, you are aware of the relationship that exists between an employer and his or her employees. On one hand, an employer relies on employees to run the business and do good work, but on the other hand the employee relies on their boss because there wouldn’t even be work to do and a salary to earn if it wasn’t for the employer. Consequently, even though they depend on each other, the employer is naturally the stronger of the two parties; especially since they have the right to hire and fire individuals. And, whenever power is unevenly distributed, it is easy for the stronger power to take advantage of the weaker one.
This is why labor laws exist. They protect workers from discrimination and abuse. For example, employers are not supposed to set employee wages lower than the legal “minimum wage” or work their employees longer than the legal limit without paying them overtime. Discrimination based on gender, age, marital status, nation of origin, skin color, religion, and political affiliation are also illegal because of the Civil Service Reform Act. This means that everyone must be given equal opportunities for employment and advancement.
The industrial revolution, with its poor working conditions, child labor and lengthy work days, prompted many of the first labor laws. Unfortunately, even though conditions have improved and hours and abuse have decreased, there are still plenty of cases where employers take advantage of their employees. This is especially true in cases where the employees are illegal immigrants because they are more afraid of going to the law for protection than they are about being paid less than minimal wage.
Even though labor abuse and discrimination is morally wrong and officially illegal, it can be very difficult to prove when discrimination is taking place. After all, there are other factors that influence advancements and employment opportunities that an employer can cite as a reason for the decisions he or she makes. For example, an employer is entitled to hire the best person for the job based on their skills, personality and previous experience.
If you truly believe that discrimination is taking place though, one of the best ways to take recourse is to contact a Houston labor lawyer. They can tell you, based on their experience with several other cases, whether or not you have sufficient grounds for taking action in court. If your case isn’t strong enough, you definitely shouldn’t pursue. Sometimes a letter from an attorney will be enough encouragement for the employer to provide adequate compensation. Compensation will probably be a monetary sum since your relationship at that point would not facilitate a pleasant working environment in the future.

If you are looking for an experienced Houston labor lawyer, give the Rosenberg Law Offices (http://www.rosenberglaw.com/) a call. The lawyers in this firm have successfully defended several of their clients and won them the rights they have by law. The author, Art Gib, is a freelance writer.

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