A personal injury action was filed arising out of an accident which occurred at a construction site in New York. The action was filed against a general contractor and a concrete subcontractor performing concrete and masonry for and at the research and development building of a pharmaceutical company. The construction job, according to sources, included renovation of an existing building and construction of a new one along with roads, parking lots and walking areas around the buildings. A third subcontractor was also named defendant in the complaint. The third subcontractor was tasked to deliver concrete to the job site.
The plaintiff in the personal injuries action was a concrete laborer at the time of the incident. On that one unfortunate November day, the concrete laborer was assigned to pour sidewalk curbs and light pole basis in the parking lot when he was struck from behind by something he could not identify that made contact with the upper part of his back and knocked him off balance. He fell into a hole. The concrete laborer said there was no warning sign from the truck as it backed up. A co-worker later told him that he was struck by the chute from the cement truck.
The concrete laborer alleged negligence and violations of New York labor laws against the general contractor and the two subcontractors.
But the court dismissed the concrete laborer’s claims holding that his injuries were not compensable under labor laws since the accident was not attributable to the kind of extraordinary height related risk contemplated by the statutes. In this case, the concrete laborer was working on ground level when he was struck by the chute extending from the rear of a cement truck, which knocked him into a hole that approximately four feet wide and five feet deep. It is clear that the chute from the cement truck that struck him was nothing more than a general hazard of the workplace and not the special type of risk that would trigger Labor Law, the court held.
In his claim for negligence, the court noted that it is the duty of an owner or employer to provide employees with a safe place to work. Liability can be imposed under the law only if the party charged with violating it was negligent. This requirement, the court pointed out, generally means that the defendant cannot be held liable unless it knew or should have known of the condition or the work practice in issue and had the ability or the authority to correct it.
In this case, the court found that the subcontractors were negligent and liable for the concrete laborers’ injuries. The court noted that the concrete laborer was able to identify the driver of the cement truck who struck him and the driver was an employee of one the concrete subcontractor.
Suffering from person injuries, losing your earning capacity, and being involved in a lawsuit arising from such is difficult. New York Car Accident Attorneys will stand by you and help see you through your case. These Attorneys can argue your side and make sure that you and your loved ones are compensated.
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