What Constitutes A “Gravity-Related Injury” In New York?
In New York, gravity-related injuries represent one of the biggest risks to construction workers. These workers often work at extreme heights, and a fall can easily become fatal under certain circumstances. Even a relatively short fall can have devastating consequences for workers, especially when they’re given inadequate safety training and equipment. But what exactly constitutes a “gravity-related incident?” While some injuries obviously involve gravity-related factors, others might not be so obvious. As you’ll see, the distinction is quite important when it comes to recovering compensation for injuries.
If you have suffered a gravity-related injury on a New York Construction site, it is in your best interest to consult with a qualified attorney as soon as possible. With the help of an experienced personal injury lawyer in New York, you can approach this situation in the most efficient way possible. These legal experts can increase your chances of receiving considerable compensation for your injuries, and they’ll fight for your rights as a worker.
Understanding the Scaffold Law
Why is it so important to determine whether a construction injury was caused by a “gravity-related risk?” In New York, construction workers are given a greater degree of protection than their counterparts across the United States, and this is because of the Scaffold Law. Thanks to this law, employers and contractors become fully liable when workers are injured due to a gravity-related injury. Even if the employees weren’t following proper safety procedures or using the right equipment, property owners and contractors are fully liable for their injuries.
The Definition of a Gravity-Related Injury
The question is simple: What exactly is a “gravity-related injury?” When a worker falls 30 stories to their death, gravity is obviously involved. For less obvious cases, the definition becomes subject to interpretation. Defendants will typically do everything they can to argue that the incident was not gravity-related when faced with a lawsuit. Generally speaking, these defendants argue that “gravity must operate directly upon either the plaintiff or upon an object falling upon the plaintiff.” With this statement in mind, it’s clear that gravity-related injuries can involve both objects and people falling from heights. In some cases, specific height differentials may be required before workers are given protection under the Scaffold Law.
That being said, workers can claim protections under the Scaffold Law even if they fall short distances. For example, a worker who falls from a ladder could potentially file a lawsuit. In the famous case of Runner v. New York Stock Exchange, it was determined that gravity-related injuries may include those not caused by either falling objects or falling people. So in all truth, the legal definition of a “gravity-related incident” is actually quite open-ended.
Enlist the Help of a Qualified Attorney Today
If you’re serious about recovering compensation for your gravity-related injury, you should consult with a qualified New York City personal injury lawyer as soon as possible. Because of the statute of limitations, there is a time limit involved in filing an injury claim. Reach out to Michael Gunzburg, P.C. at your earliest convenience, and we can develop an action plan together. With our help, you can get compensated for your injuries and fight for your rights as a worker.
Resource:
courts.state.ny.us/reporter/3dseries/2009/2009_09310.htm
