If you are a worker in any of the building trades who has been injured on the job, you should contact our office for a free consultation. We may be able to help you recover compensation for your injury.

The New York Labor Law favors construction workers injured on the job. Most injured construction workers do not realize that they may bring a lawsuit against the owner and general contractor on a construction project. This lawsuit is separate from and in addition to any Worker's Compensation Benefits the injured worker will also receive.
Our firm is expert in litigating these cases. Many times, we can obtain an order from the court before the trial establishing the obligation of the owner and general contractor to pay damages and then conduct a jury trial with the only question being the amount of damages recoverable. The injured worker is entitled to damages for all past and future lost wages, including fringe benefits, as well as for his or her pain and suffering and loss of the pursuits and pleasures of life.

We have been involved in trial and appellate work for Labor Law cases at every level. For instance, in Joblon v. Solow. 672 N.Y.S.2d 286, we obtained a decision from the New York State Court of Appeals that clarified the definition of what work can be considered a "renovation" to bring an injured worker within the protection of New York Labor Law § 240(1). This case resolved conflicting law from lower appellate courts with regard to whether particular work qualified as a renovation so as to bring the injured worker under the protection of this section of the Labor Law, providing strict liability against the owner and general contractor. This case also established that a worker performing maintenance work is protected by Labor Law § 241(6), where prior appellate cases had been conflicting. This decision reversed an earlier ruling by a Federal Judge who had dismissed the case. We ultimately were able to obtain a $750,000 settlement for Mr. Joblon.

In another typical case, during the trial the defendant agreed to a $1,575,000 settlement for our client who fell from a ladder while working and suffered a burst fracture of the L-2 vertebra, requiring a nine-hour surgery to remove bone fragments and reconstruct the vertebra. Mr. Lust had some permanent limitation of range of motion, some loss of feeling in one leg, and persistent pain, which prevented him from working as an electrician and placed significant strain on his family and marriage. The obligation of the defendant to pay damages to Mr. Lust had been established before the trial and the only question for the jury would have been the amount of money that would be fair, given the injury. 20742/97, Queens County


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