09/30/2012 // New York, NY, USA // New York Injury Accident Lawyer // Jonathan C. Reiter // (press release)
A beam fell on a young construction worker while he was rigging a crane lift, at the construction site of 3 World Trade Center on July 14, 2012, causing him to sustain severe injuries. The 22-year-old Falcon Steel Company employee was taken to Bellevue Hospital, where he underwent emergency surgery for severe leg injuries. An initial investigation revealed that the beam rolled over and fell, landing on the worker.
According to Jonathan C. Reiter, New York construction accident attorney, who has handled many construction site accidents, the liability for this type of accident falls under the strict liability provisions of New York State Labor Law, section 240(1). Mr. Reiter stated: “Labor Law section 240(1) was passed by the New York State Legislature earlier in the last century, in recognition of the extremely high risk of injuries to workers at construction sites. The law imposes strict liability on the general contractor and the owner, and their agents, for injuries sustained by operation of the force of gravity. That means that if a worker falls from a height, or if something falls from a height onto a worker, the contractors, owners and their agents are held strictly liable by operation of law. This law specifically exempts owners and contractors of one and two-family dwellings, as the law was passed to address the high risks of serious injuries at large construction sites.” Mr. Reiter went on to state “this law is powerful protection for construction workers, and establishes strong incentive for contractors and owners to ensure proper safety measures are in place at construction sites”.
Labor Law 240(1) further requires that the injured worker be “performing work necessary and incidental to the erection or repair of a building or structure”. See Shields v. St. Mark’s Hous. Assn. 230 AD 2d 903, 904 [1996]. In the case of this young construction worker it is clear that he was performing his duties attendant to erecting 3 World Trade Center when this tragedy occurred.
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