Construction workers were working on a building renovation, and there was a rift between the union workers and a non union worker. The union workers are accused of assaulting a non union worker, as reported by the New York Law Journal in a May 2, 2013 news article. The victim then brought suit seeking compensation from the employer under vicarious liability who then tried to get the case dismissed. However, the case was not dismissed by the court because there was an issue as to whether the employer was responsible or liable for the assault or not.

The employer told the injured worker to stop working until the matter could be settled by the union; however, the employee returned to work. Another reason why the court did not dismiss the case is because there was a security guard present at the front desk during the matter. Additionally, the court said that the injured worker probably relied on the guard’s protection or sense of protection.

We at the law office of Jayson Lutzky, P.C. can provide you with the information you need on if you have been injured, and how this will affect the interests of the parties in 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 in person consultation or visit our website at