A builder was working on the construction of a home, and when the front door was locked, the builder tried to get access to the premises by going to through the deck’s access way. When the employee climbed up the steps leading to the deck, he had to get over about a two feet hole. As a result of his trying to get over the hole, he tripped and fell all the way to the bottom of the hole, which was about eleven feet as reported, by the New York Law Journal in a June 10, 2013 news article.

The builder sued his boss, the homeowner, the site’s contractor, and subcontractor claiming that they violated the state Labor Law, which caused his injuries.  The injured builder alleged that his boss told him to go through the deck’s entrance as it “was being used as an access point” and that the site’s manager should have ensured that the stairway was safe for the workers. The stairway did not have any railings, which also violated the labor law as the injured worker, whereas the employer claimed that it did not violate the labor law.

In addition, the employer claimed that the injured employee did not follow proper procedure as he tried to “jump across the gap separating the stairway and the deck,” and that the employer did not tell the employee to do this. The injured employee had to undergo knee surgery and physical therapy, and he claimed that he is unable to work, whereas the employer claimed that he could work.

The court held that the labor law was violated, however, the owner of the site and the site’s general contractor did not cause the accident, as the worker was not told to jump across the gap. Moreover, the injured worker wanted compensation for pain and suffering and lost earnings, both in the past and in the future.  The court allocated close to four hundred thousand dollars to the injured employee.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial in office consultation or visit our website at www.MyNewYorkCityLawyer.com.