A man was working on a bridge, 25 feet above the ground when he fell backwards off a plank and into his manlift device. The construction worker, who was hired by the Triborough Bridge & Tunnel Authority (TBTA), brought forth a liability lawsuit for summary judgment against the TBTA as reported by the New York Law Journal on. The TBTA is also called MTA Bridges and Tunnels, and, according to Wikipedia, it controls and operates several New York bridges and tunnels and is owned by the Metropolitan Transportation Authority (MTA).
The worker who fell brought a suit under Labor Law Section 240(1). This law provides protection for workers, especially those working while elevated. The man claims that he slipped because he was reaching out to do his work, and a plank was not secured. TBTA noted that this was the only evidence available regarding the plank. Therefore, they claimed, the evidence for liability against them was insufficient, and the summary judgment should be denied.
The judge, however, looked further into safety concerns saying that there should have been other equipment, such as a harness, to ensure the manâ€™s safety. Therefore, in the judgeâ€™s opinion, it did not matter whether the plank was sturdy or not because it was not a sufficient safety device to begin with. The fact that there was not â€œproper protectionâ€ (i.e. a harness) was enough to grant the construction worker summary judgment.
If you have been injured at work, then you should speak to a lawyer as soon as possible. As mentioned, there are labor laws that protect workers. Jayson Lutzky is a Bronx, New York lawyer that has over 30 years of experience practicing law. He offers free in office consultations, so call 718-514-6619 to set up an appointment. If you have been seriously injured, then we can meet you at your home or hospital. For more information, visit www.MyNewYorkCityLawyer.com.