The New York State Labor Law provides several protections for workers injured on the job. The laws are protections that allow a worker to cite a section of the Labor Law as the legal basis to be compensated in a court case if the worker is suing for money for damages related to an injury. In a case reviewed by the New York Law Journal on December 11, 2014, an injured worker was denied compensation because he grounded his case on the Labor Law, but the judge found that the man should not have been covered by the Labor Law in the first place.

A worker was injured when he was on a stair and the stairway collapsed. He stated that this was related to his job, and thus he could sue his employer for monetary compensation for the injuries he sustained under the principles of Labor Law Sections 200, 240 and 241. He alleged that the collapse was the fault of his employers.

At the time of the accident, the worker said he was working on phase four of a project. However, the employer-defendants argued that this was not possible. All of the work areas for phases three and four of the project had been locked up as those phases were not being worked on at that point. They had stopped working on those phases of the project two months prior to the accident. Therefore, they argued, the man was not covered under the Labor Law protections because he was not doing his job when he got hurt. The employer reasoned that the man could not sue because the provisions of the Labor Law sections he cited had not been violated. The court agreed with the employer, which had done its job to prove the injured worker could not sue them based on New York State Labor Law.

If you or a loved one were injured in an accident, then you should be sure to speak with a qualified attorney. You may have a case that would allow you to receive a large cash settlement to cover medical bills, past pain and suffering, future pain and suffering, and lost wages. Jayson Lutzky is a Bronx, New York attorney who offers free in-person consultations. If you have been seriously injured, then hospital and home meetings are available. To set up an appointment, call 718-514-6619. To learn more about Mr. Lutzky’s 31+ years of experience, visit www.MyNewYorkCityLawyer.com.