Edelman, Krasin & Jaye is very pleased to announce a $2 million settlement for a client who seriously injured his left heel in a workplace accident.
The injury occurred on April 20, 2012, when the plaintiff was performing his usual employment duties in New York City. He was standing on an extension ladder, hanging a sign on the exterior of a sidewalk shed in front of 164 Ludlow Street in Lower Manhattan. The extension ladder suddenly and unexpectedly slid out from underneath him. As a result, he fell and fractured his left heel.
Challenging liability issues in scaffold fall case
The case was particularly challenging because the defendant intended to prove that the plaintiff alone caused his own injuries. The defendant had contacted 6 witnesses, all physicians, who would testify that the plaintiff stated he jumped off the sidewalk shed. The statement allegedly took place at the hospital.
Attorneys from Edelman, Krasin & Jaye, however, successfully argued that the ladder slipped out from underneath him, causing him to fall. As a result, the defendant violated labor law 240(1). We procured the appropriate experts and thoroughly prepared the case and plaintiff for trial.
Plaintiff recovers damages under NY’s “Scaffold Law”
New York Labor Law 240(1), which is informally known as the “Scaffold Law,” says that the responsibility for a fall from a height rests with the third party if the third party failed in their duty to provide appropriate or non-defective safety devices to guard against the risks of falling. The third party can be an owner or subcontractor.
New York workplace injury lawyers
Our dedicated attorneys believe that this $2 million victory is a significant win not only on behalf of our client, but also strengthens labor law and thus protects all hard-working New Yorkers who are hurt on a job.
Were you or a loved one injured on a construction site in New York City, Nassau County or Suffolk County? Worker’s compensation may not provide enough money to cover your medical bills and lost wages. At Edelman, Krasin & Jaye, we understand that each day brings new challenges that you may feel unprepared to meet. That’s where our experienced, knowledgeable attorneys come in — let us carry some of the burden for you. We have successfully represented clients just like you in situations just like yours. Remember, the law is on the side of injured workers!
All initial consultations about your case are free, with no obligation! To arrange a free case review, you can reach our Bronx and Long Island offices by calling 1.800.469.7429. Speak with an experienced New York workplace injury lawyer today.
Additional Labor Law §§ 240 Resources:
- New York State Department of Labor, PROTECTION IN CONSTRUCTION, DEMOLITION AND EXCAVATION OPERATIONS, Scaffolding, https://labor.ny.gov/workerprotection/safetyhealth/sh23.shtm#23.5https://labor.ny.gov/workerprotection/safetyhealth/sh23.shtm#23.5
- NY Dept. of Labor, Construction Operations, https://labor.ny.gov/workerprotection/safetyhealth/sh23.shtm#23.2