I am a window washer for commercial buildings. The rope to the rigging on which I was standing broke, even though I was hurt, fortunately my safety belt saved me from possibly tragic injuries. Do I have a claim?

You should first claim Worker’s Compensation benefits. Most reputable employers will assist their injured employees to make a claim. Although, if you do not get any help from your employer, you should file your claim directly with the Worker’s Compensation Board. Worker’s Compensation benefits will cover your medical expenses and part of your lost wages. You have 30 days from the date of your accident to notify your employer of your claim. You might also receive a compensation settlement based on the nature and extent of your injuries.

Labor Law Claim

A special section of the Labor Law covers window cleaners. Labor Law section 202. Similar to a Labor Law claim under section 241, the injured party must prove a violation of a specific section of the labor code to support of a Labor Law section 202 claim. From what you described, the rigging you were using to clean exterior windows had failed. See 12 NYCRR 21.3(d)—Protection of Persons Employed at Window Cleaning. This particular section states that window cleaners may not be permitted to clean windows if the window or its supporting structures have defects or damage impairing its structural strength or if the window cannot be opened easily. There is authority that this particular Labor Law Code violation will support a claim under Labor Law section 202. See Padovano v Teddy’s Realty Associates, Ltd., 56 AD3d 444, 866 NYS2d 743 (2d Dept 2008).

Overlapping Labor Law Claim

There is also a second possible Labor Law claim that you have. You might also claim a violation of Labor Law section 240 is the basis for a law suit. You could sue the building owner and tenant in possession of the building. See Broggy v Rockefeller Group, Inc., 8 NY3d 675 (2007). However, in order to decide if your case fits with one or both of these laws, you would have to give more details about your accident.

By James Santner, Esq.

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