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If you are a worker in any of the building trades who has
been injured on the job, you should contact our office for a free consultation.
We may be able to help you recover compensation for your injury.
The New York Labor Law favors construction workers injured on the job. Most injured
construction workers do not realize that they may bring a lawsuit against the
owner and general contractor on a construction project. This lawsuit is separate
from and in addition to any Worker's Compensation Benefits the injured worker
will also receive.
Our firm is expert in litigating these cases. Many times, we can obtain an order
from the court before the trial establishing the obligation of the owner and
general contractor to pay damages and then conduct a jury trial with the only
question being the amount of damages recoverable. The injured worker is entitled
to damages for all past and future lost wages, including fringe benefits, as
well as for his or her pain and suffering and loss of the pursuits and pleasures
of life.
We have been involved in trial and appellate work for Labor Law
cases at every level. For instance, in Joblon v. Solow. 672 N.Y.S.2d
286, we obtained a decision from the New York State Court of
Appeals that clarified the definition of what work can be considered
a
"renovation" to bring an injured worker within the
protection of New York Labor Law § 240(1). This case resolved
conflicting law from lower appellate courts with regard to whether
particular work qualified as a renovation so as to bring the
injured worker under the protection of this section of the Labor
Law, providing strict liability against the owner and general
contractor. This case also established that a worker performing
maintenance work is protected by Labor Law § 241(6), where
prior appellate cases had been conflicting. This decision reversed
an earlier ruling by a Federal Judge who had dismissed the case.
We ultimately were able to obtain a $750,000 settlement for Mr.
Joblon.
Another typical case is Leonard and Josephine Lust v. 4518 Associates; Nike,
Inc.; and Manhattan Business Interiors v. Zwicker Electric Co. 20742/97, Queens
County. During the trial of this case the defendant agreed to a $1,575,000 settlement
for our client who fell from a ladder while working and suffered a burst fracture
of the L-2 vertebra, requiring a nine-hour surgery to remove bone fragments and
reconstruct the vertebra. Mr. Lust had some permanent limitation of range of
motion, some loss of feeling in one leg, and persistent pain, which prevented
him from working as an electrician and placed significant strain on his family
and marriage. The obligation of the defendant to pay damages to Mr. Lust had
been established before the trial and the only question for the jury would have
been the amount of money that would be fair, given the injury.
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The information you obtain at this site is not,
nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.
Copyright 2006 © by David
P. Kownacki, P.C. All rights reserved. You may reproduce materials available
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