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Yes. The New York State Labor Law, especially Labor Law Section 240, protects workers in many situations who are injured in an accident involving either the worker falling or something falling upon a worker.
These would be cases, for example, in which you may have fallen from a ladder or a scaffold or in which something from above fell on you.
In New York State, if Section 240 of the Labor Law applies, then if you’re hurt, you are not barred by Workers’ Comp from bringing an action against the owner of the structure (in the proper situation) or, if you are working for a subcontractor, against one of the contractors or general contractors on the project.
No. There are exceptions, such as single-family houses or two-family houses where the owner doesn’t actively participate in the project.
To get a better answer, on that question and others, it’s best to contact an attorney familiar with the New York State Statutes protecting construction workers and especially one who is familiar with the New York State Labor Law Section 240 and 241.
Yes. There will be an offset that the Workers’ Compensation carrier will have to recover some of their costs. Nevertheless, it’s always worth checking to see if any action is available to you.
Attorney fees are generally paid upon a contingency basis wherein there are not attorney fees unless you receive a monetary award and then the attorney fee is a percentage of those funds. Ordinarily, the attorney fees are 33%.
The action should be brought as soon as possible or at least notification should be given to all parties who are potential defendants as soon as possible.
You should contact an attorney as soon as possible after such a fall or after something has fallen. The actual legal case can then be instituted later, though never more than three years after the date of your accident. However, it’s up to the individual attorney to make that kind of strategic decision. If you’re hurt, you should contact an attorney immediately.
There are cases in which an individual who has been hurt has unintentionally been at fault for the accident which still qualify under New York State Labor Law Section 240.
The issue is whether there was an unsafe condition created that led to the accident. There are exceptions such as when the unsafe condition was caused by the injured person’s misconduct or failure to follow express instructions.
However, in most cases, it’s simply a matter of whether the conditions are safe or unsafe and you should always consult with an attorney to get the attorney’s opinion as to whether action is available.