A laborer while undergoing training on a renovation project was injured when he was struck with an aluminum beam as reported by the New York Law Journal in a June 10, 2013 news article. The laborer sued the owner of the site, the person supervising the project, and the site’s general contractor claiming that they violated the labor laws by failing to guarantee that the beam was properly secured. He had minor stitches to his chin and was released from the hospital.

Opposing counsel brought the laborer’s employer into the case because he is the one who oversaw and informed the worker as to what needs to be done. The worker claims that the beam was lifted and while it was lifted he was not given any kind of safety equipment to protect himself. However, opposing counsel claims that the worker was responsible for the incident, “because he dropped the beam onto himself,” thus, “Labor law § 240 (1) was not applicable.” After the injured worker was released from the hospital a couple of days later, he went back to work. However, he was fired two months later. After he was fired, he saw a physiatrist and claimed that he suffered trauma, which resulted in surgery. The worker wanted to recover for pain and suffering in the past as well as the future and the opposing counsel claimed that the worker sought treatment after he was fired and the  injuries did not result from the accident with occurred about three months before.  The case was settled and the worker received a little over a million dollars.

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.