When a person is injured while on their jobs, the case is generally handled under the Worker’s Compensation Laws of the State of New York. However, under these laws, if the person is determined to have suffered from a grave brain injury, then the person is given leave to file a lawsuit against their employer, or in some cases, the property owner. In the case of people who work in the construction trade, it is important that they are given leave to pursue other avenues if they suffer from a personal injury that is severe while they are working on a job. One such incident involved a contractor who was working on a high ladder at the Park Terrace Gardens, Inc., in 2004.
He fell from the ladder and suffered from a brain injury. He contends that his brain injury was grave and so severe that he is unable to work. He filed a lawsuit against his employer and the property owner for monetary damages to help him maintain his home and family. The property owner countered his claim by stating that they did not believe that the man’s injury is grave as defined by the Worker’s Compensation laws of New York. In order to be considered a grave injury, the injury must be pervasive enough that it interferes with his ability to function on a daily basis. It must also be considered a permanent injury. The property owner contends that the injury is not permanent in nature and that there is a chance that the man will recover.
The man’s employer filed a motion to grant him summary judgment denying the claims of the property owner that they should have common-law indemnification. The court agreed and reversed the previous decision. The property owner also filed a motion for summary judgment releasing him from any liability in the lawsuit because of contractual indemnification. The property owner claims that the subcontractor who was the employer of the injured worker, had signed a contract with the property owner when he started the work on the property. He claimed that in that contract was specific wording that released him from any liability associated to any injuries incurred by any of the subcontractor’s workers. The court reviewed the copy of the contract that was provided by the property owner and agreed that the wording was specific to remove the liability from the property owner. Further, the employer moved that the evidence produced at trial by the owners of the property, demonstrated that the injured worker’s injury was not permanent. The evidence demonstrated that the brain injury was treatable and did not prevent him from conducting his daily activities. They also contend that the brain injury does not prevent this employee from becoming employed again in the future.
The property owner also contends that the employer did not disclose to them that they had separate insurance. They contend that they should be removed from the lawsuit based on the fact that the employer intentionally withheld that information from them. The court does not agree on that contention. In fact, the court stated that there was not enough evidence to decide if the employee is going to be unable to work for the rest of his life. They contend that it is important for that question to be addressed at trial. They also reversed the dismissal of the owner’s claim that the brain injury was not grave according to the wording of the Worker’s Compensation Law § 11. The court maintains that the issue of the gravity of the worker’s brain injury is one that will need to be reviewed at trial with more information.
At Stephen Bilkis & Associates with its brain injury Lawyers, have convenient offices throughout New York and the Nassau area. Our personal injury lawyers can provide you with advice to guide you through difficult situations. Without a worker’s compensation attorney, you could lose precious compensation to help your family.