Labor Law Section 240(1) provides legal protection for workers who are at an elevation, such as on a platform or ladder. In a recent case chronicled in the December 10, 2014 edition of the New York Law Journal a worker injured himself when he fell off a ladder. His employer sued to get the case dismissed. He sued for the opposite reason. In the end, the judge ordered the case to go to trial.

The worker was given a ladder to use for a job. However, the ladder was too large. The ceiling was ten feet high, and so the worker could not open the ladder. Instead, he kept it folded and closed and then rested it against the top on the wall. He started to climb the ladder to do his job, but when he got halfway up, he slid. While he was sliding and falling, he shot his nail gun into his knee. The man wanted ultimately to obtain compensation for the damages related to the personal injuries he suffered.

The judge acknowledged that the worker had not been provided the correct ladder for the job. It was too tall for the room. Also, there was nothing, such as rubber feet or a mat, to prevent the ladder from slipping. As a result, the judge concluded that the employer had not done enough to prove that the case and should be dismissed. Additionally, the judge did not grant summary judgment to the worker because it was not exactly clear how the accident happened. That will now be a question to be answered at trial.

If you have been hurt at work, then be sure to seek both medical and legal assistance. Jayson Lutzky is a New York lawyer offering free in-person consultations. He has over 31 years of legal experience and has helped recover millions of dollars for clients who have suffered an accident. Hospital or home consultations are available if you have been seriously injured. Call 718-514-6619 to set up a no-obligation appointment today. Visit for more legal news resources.