When sustaining an injury in a work related accident, people often ask themselves “is there a lawyer near me who can help?” The best personal injury lawyers in New York City handle cases in all five boroughs and the surrounding counties. You should not constrain yourself by looking for a “lawyer near me” when you suffer a construction work related injury. Construction accident cases are complex, and you want the best lawyer available to bring your lawsuit.
A Brooklyn Construction Accident
In an interesting case, a worker was injured while framing and dry-walling at a construction project in Brooklyn. The construction work involved converting the property from a bank into a restaurant. The property owner hired the general contractor who hired the various trade subcontractors. The worker was working for the drywall subcontractor at the subject construction site. His supervisor held weekly work related toolbox safety meetings. They discussed various safety topics at these meetings. His employer provided him with the equipment needed for the work, including ladders and scaffolds. His company stored this equipment on the first floor.
On the day of the work related accident, the worker met with his supervisor to discuss his work for the day. His work included performing change orders in the basement. He began working in the basement framing metal studs. The worker needed a ladder or a scaffold to reach the 14-foot-tall ceiling. He did not go up to the first floor to get one of his company’s baker scaffolds. Instead he opted to use a baker scaffold that was already in the basement. The worker found the scaffold in the hall.
He did not know who placed it there, or who it belonged to. He moved it into position for his work. The worker inspected the scaffold but did not check whether clips were secured. He made no adjustments to the work platform of the scaffold and climbed atop it. As he was doing work on the top track, the platform gave way and he woke up on the floor.
The Work Related Injury Lawsuit
The worker’s personal injury lawyer filed a lawsuit against the owner and general contractor for his work related injury. During the lawsuit his supervisor testified that his crew, including the injured worker, were not permitted to use equipment that did not belong to their company.
He also said if he saw the worker using this scaffold, he would have stopped him.
The supervisor also said the worker could have brought a scaffold from the first floor to the basement and set it up in less than ten minutes.
Who’s at Fault?
The worker’s personal injury lawyer filed a request with the court in which he asked the judge to decide liability in the worker’s favor. Essentially, the attorney was asking the judge to decide that the owner and general contractor were responsible for the worker’s accident and injuries because they did not provide him with proper safety devices to protect him from falling from a height. The owner and the general contractor’s lawyer argued that the judge should reject the workers argument. They also argued that the judge should dismiss the worker’s case because the supervisor testified that the worker was not supposed to use scaffolds that did not belong to their company.
The worker’s personal injury lawyer argued that the supervisor never told the worker not to use the scaffold. Therefore, he was not to blame for his accident. The judge agreed with the worker’s attorney and decided liability in his favor. The case proceeded to trial on the issue of damages only. Do not limit yourself by googling “lawyer near me”. Contact our personal injury lawyers at The Platta Law Firm, PLLC to help you get compensated for your work related injury.
