In Fabrizi v. 1095 of the Americas LLC and Verizon New York, Inc., (2014) the plaintiff was injured when a conduit pipe, weighing between 60 and 80 pounds, fell on his hand. The plaintiff sued citing Labor Law Â§ 240. He was an electrician employed by Forest Electric Corp. Â A construction company, the plaintiff, hired the worker to overhaul the entire electrical system in offices leased by the second defendant, 1095 Avenue of the Americas, LLC.
On the day of the accident, the construction worker was moving a pencil box installed by his employer the prior week. A metal support secured the pencil box, but the support obstructed a conduit to be installed next to the pencil box. Because of this obstruction, the worker had to drill new holes so the box could be moved. He knelt as he drilled the hole, and the part he left dangling fell and hit him his hand
The employers filed a motion with the court stating that they did not believe they were to blame, and that the sole cause of the accident was because of the workerâ€™s methods. In their motion, they stated that the man should have drilled the holes before taking down the pencil box. However, the Plaintiff stated that he had performed the same task often within the same year and had had no issues. The Supreme Court agreed that the defendants were to be held responsible for the injury under the law.
The man claimed that defendants had not installed a safety device that guarded against the gravity-related risk, which Labor Law Â§ 240, better known as the scaffolding law in New York, covers. The judge ruled that the defendants had not installed a safety device and were liable under the law. However, they appealed the ruling and won on the appeal.
If you have been injured at work, then you may be entitled to a settlement that provides cash compensation for pain and suffering, medical bill reimbursement and payment for lost wages. Call the law office of Jayson Lutzky, P.C. if you would like to speak to an attorney about a potential case. Mr. Lutzky offers free in-person initial consultations. Call 718-514-6619 to schedule your consultation. Visit www.MyNewYorkCityLawyer.com for more information about Mr. Lutzky’s practice.