A construction worker, while fixing hardwood, floors fell through a hole in the floor, which was carved out to construct a new stairway as reported by the New York Law Journal in a May 13, 2013 news article.  The construction worker fell about ten feet and underwent surgery and a spinal fusion. As a result of this injury he sued the general contractor of the job he was working on claiming that the contractor violated the state’s labor laws. The construction worker also claimed that the hole in the floor was unsafe and that the contractor should have taken precautions to ensure that no one fell through it. Additional, he claimed that he was not provided with adequate safety equipment and if he had been, then it would have helped to prevent his fall and reduce the injuries he sustained.

The construction company argues that the worker was not working on some type of elevation device (ladder or scaffold) and this accident was not caused by any falling debris or objects. The employer also argued that the only safety equipment they provided were goggles and masks for this type of job.

Due to the worker’s injuries he was unable to go to work. He sought worker’s compensation to pay for his medical bills, he sought compensation for his past and future lost earnings, and he sought to recover for his past pain and suffering. Thus, he sought about two and a half million dollars. The company argues that some of his medical conditions existed prior to the accident. Thus he should not be able to recover.  The court awarded the employee about six hundred and fifty thousand dollars.

We at the Law Offices of Jayson Lutzky, P.C. can provide you with the information you need on if you have been injured, and how this will your case. 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 person consultation or visit our website at www.MyNewYorkCityLawyer.com.