During the course of employment, the employer should provide a safe working environment for his or her employees. If an employee is injured during the course of his or her employment, then the employer might be liable for the injuries sustained.

A construction worker slipped and fell on ice that was located right in front of an outdoor bathroom while he was at his construction site, as reported by the New York Law Journal in a March 25, 2013 news article. The employer sought summary judgment to have the case dismissed whereas the employee sought summary judgment claiming that the employer was reckless in maintaining an unsafe working condition as the employer did nothing about the icy floor which was located on the passage way to and from the bathroom and the construction site.

The employer argued that the labor law claim brought by the injured employee does not apply to the current case as he accident did not occur on the passageway rather it occurred in a “common area” which it is not responsible for maintain.  The court held that the area where the accident occurred was part of the walkway and that the workers needed to get to and from the toilets and the construction site. Thus, summary judgment was not granted.

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.