I tripped and fell on a job site while trying to retrieve building materials from a storage trailer. Can I recover damages for my shoulder and hand injuries?
As with all construction accident cases, your first step should be to apply for Worker’s Compensation Benefits. You must notify your employer to tell the carrier that you were involved in an accident within 30 days of your accident. You also have to file with the Compensation Board within two years of your accident. The Compensation Carrier will pay for medical expenses. Compensation also offers a partial disability policy to replace wages. Compensation pays injured workers 2/3 of their average weekly wage as computed over the last year prior to the accident up to the maximum rate. Currently that rate is $1,143.45 per week.
This is similar to the last post. That blog concerned a plumber tripping on debris left by another trade. That case was a Labor Law § 241(6) case. However, this author read the question to mean that the plumber was walking in a “passageway” at the time of the accident. General contractors and owners have a non-delegable duty to keep “passageways” clear under 12 NYCRR 23-1.7(e)(1).
In this case, the construction worker is not walking in a passageway. However, the injured party may be walking in a “working area.” 12 NYCRR 23-1.7(e)(2). General contractors and owners have a non-delegable duty to keep “working areas” clear of tripping hazards under 12 NYCRR 23-1.7(e)(2).
In this case, violation of the regulation 12 NYCRR 23-1.7(e)(2) is a specific violation sufficient to be the basis of a claim under Labor Law 241(6). Thus, there is a Worker’s Compensation Claim against the employer for medical benefits and lost wages. There is also a Supreme Court case against the owner and general contractor for personal injuries.
Each case in this area is fact sensitive. The attorney must find a regulation held to be a “specific” safety violation. Then the facts of each case must be matched up to prior cases decided under the “specific” regulation.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.