Few people would like to get stuck in a portable restroom (Porta-Potty) while a forklift is moving it and surely no one would like to get injured in the process. That is exactly what happened to a 46-year-old construction worker in 2006 according to a May 5, 2014 New York Law Journal article. The man was in a portable restroom at a construction site when a forklift operator lifted the restroom two feet off the ground. Then, the restroom fell off of the forklift. The man claimed that his shoulder was injured when the happened, so he decided to sue the forklift operator’s employer, his own employer (the contractor for the project) and the owner of the construction site citing a violation of New York State Labor Law. The Labor Law is designed to protect workers who are injured on the job. One specific law even deals with accidents that occurred on elevated surfaces.

The judge decided that the site owner and the contractor, but not the forklift company, were liable for this incident. The liability was decided through what is known as a motion for summary judgment. A judge can decide something such as liability, or who is responsible for the accident, if there is no question of fact about the liability in the incident. The issue that had to be determined in a trial, then, was how much to compensate the man for the damages, or injuries, he claimed.

The man was in pain after the accident. He went to the hospital where he had X-rays performed. The man said that he suffered from tears in his left shoulder, including in the rotator cuff. As a result, he went for physical therapy and pain relief injections. Eventually, however, he had surgery to try and repair the damage.

In its defense, the other side said that this condition was a “degenerative” condition because he did not have surgery until five years after the accident. In the end, the man was awarded money for lost wages, past and future pain and suffering as well as money for medical bills.

If you have been hurt on the job, then you may also be entitled to receive a cash settlement or judgment to help pay your medical bills and compensate you for lost earnings as well as you pain. Call the law office of Jayson Lutzky, P.C. after an accident that resulted in an injury. Mr. Lutzky has over 31 years of experience practicing law in New York. He offers free in person consultations, and offers home and hospital consultations, if you have been seriously injured. Call 718-514-6619 to set up a no-obligation appointment or visit www.MyNewYorkCityLawyer.com to learn more about attorney Lutzky.