New York Injury Attorneys Blog

Workers Compensation Law § 11 states in pertinent part that the liability of an employer
shall be exclusive and in place of any other liability whatsoever, to such employee on account of such injury or liability arising therefrom, except that if an employer fails to secure the payment of compensation for his injured employees, an injured employee, may, at his option, elect to claim compensation under this chapter, or to maintain an action in the courts for damages on account of such injury.

WCL § 110 (1) states in pertinent part that an employer shall record any injury incurred by one of its employees in the course of employment using the form prescribed for reporting injuries, a copy of which shall be provided to the injured employee. WCL § 110 (2) states in pertinent part that an employer shall file with the chair of the workers' compensation board and with the carrier if the employer is insured, a report of any accident resulting in personal injury which has caused or will cause a loss of time from regular duties of one day beyond the working day or which has required or will require medical treatment beyond ordinary first aid. WCL 110 (4) states that an employer who refuses or neglects to make a report or to keep records as required by this section shall be guilty of a misdemeanor. W.C.L. § 52 states in pertinent part that the failure to secure the payment of compensation for five or less employees within a twelve month period shall constitute a misdemeanor and the failure to secure the payment of compensation for more than five employees within a twelve month period shall constitute a class E felony. The Courts have recognized that one of the purposes of the law is to assist in assuring payment of any and every award to an injured employee. These construction companies who do not carry workers compensation insurance or refuse to provide the insurance information to the injured employee have engaged in criminal activity by having workers perform construction, an inherently dangerous occupation, in New York without having New York Workers Compensation coverage Additionally, it would subvert the public policies of the workers compensation laws to permit the defendant to assert a defense based upon workers compensation, which he failed to provide.
Where an injured worker has had to bear the hardships of an uninsured work accident with serious injuries it is fundamentally unfair and prejudicial to allow the defendant to assert the defense of an exclusive remedy.

As a New York City personal injury attorney, Michael Joseph has represented numerous commercial cleaners and window washers injured in New York City. New York City with its high rise buildings and multi-level commercial buildings sees a higher rate of window washer injuries than Westchester, Long Island and Rockland County. We also see alot of commercial cleaning accidents in the Bronx, Brooklyn and Queens in the industrial areas, where professional cleaners such as power washers are brought in to do work.

Most window washing accidents are caused by a (i) the ladder slipping, (ii) the flooring or other devices being insufficient to prevent the ladder from sliding, (iii) the lack of a helper to hold the ladder for Plaintiff, (iv) the lack of anchors in the walls for the injured worker to hook into (v) the lack of fall protection including harness or safety lines and (vi) inadequate scaffold systems.

New York's Labor Law 240 protects New York window washers and commercial cleaners. New York's Labor Law 240 is violated if a window washer in New York fell because a ladder was not braced, secured and no one else was holding it or if adequate safety devices to prevent the ladder from slipping or to protect the window washer from falling are not provided. If you are injured in New York because of a violation of Labor Law 240, you can sue for pain, suffering and lost wages in addition to receiving workers compensation benefits.

Our New York window washer injury attorneys will provide you with a free consultation and analysis of your case. We have offices in New York City (Manhattan) and Westchester (White Plains). Our New York window washing injury attorneys have extensive experience in representing injured construction workers, window washers and other professional cleaners in Labor Law 240 claims.

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New York construction accident lawyers often see injuries on construction sites involving personal injuries caused by unsafe work practices during demolition. Unfortunately for the injured New York worker, not all demolition work is covered by New York labor laws.

For purposes of Labor Law 241, demolition is defined by 12 NYCRR § 23-1.4(b)(16) as the work incidental to or associated with the total or partial dismantling or razing of a building or other structure including the removing or dismantling of machinery or other equipment. Therefore to be covered by New York's Labor Law, the injured demolition worker must have been engaged in demolishing a structure. In a recent decision, the New York Courts held that dismantling a vehicle, whether a boat, a car or otherwise, unrelated to any other project, is not the sort of demolition intended to be covered by the New York Labor Law.

New York construction workers engaged in demolition often suffer serious personal injuries and even wrongful death when they are hit by falling debris. Our New York construction accident lawyers have often used the New York Labor Law 241 to successfully represent injured construction workers. New York lawyers who represent injured demolition workers must be familiar with the New York Industrial Code provisions concerning demolition. Industrial Code 12 NYCRR §§ 23-3.3(b)(3) states that parts of buildings shall not be left unguarded in such condition that such parts may fall, collapse or be weakened by wind pressure or vibration. 12 NYCRR 23-3.3(c) provides that during hand demolition operations, continuing inspections shall be made by designated persons to detect any hazards resulting from weakened or deteriorated floors or walls or from loosened material, and mandates protection for the New York demolition worker against these hazards by shoring, bracing or other effective means.

Section 23-1.7 (a) (1) of the Industrial Code also requires that every place where persons are required to work or pass that is normally exposed to falling material or objects shall be provided with suitable overhead protection.

New York construction accident lawyers, must therefore be aware of these demolition related regulations.

New York car accident lawyers often handle cases invovling car and truck accidents which involve stop signs. Car accidents often involve serious personal injuries and even death when pedestrians and cars are struck at intersections with stop signs.

In New York, lawyers and attorneys who handle personal injury cases involving car accidents at intersections must be familiar with the responsiblities of motorists at intersections. New York Vehicle and Traffic law 1142(a) requires every driver of a vehicle including a car and truck approaching a stop sign tol stop. The law also requires that cars and trucks after stopping to yield the right of way to any vehicle, car, motorcycle or truck which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.

New York car accident lawyers must also be familiar with the car driver's responsibilites towards pedestrians crossing the street. New York Vehicle and Traffic law 1142(b) requires drivers of vehicles, including cars and trucks, approaching a yield sign to slow down to a speed reasonable for existing conditions, or stop if necessary. The law also requires that motorists yield the right of way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection.

The law provides a powerful weapon for New York car accident lawyers who represent injured pedestrians. The law states that if a driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield the right of way.

The Courts in New York have repeatedly recognized that where a driver has violated a traffic law designed to ensure the safety of others, and this violation causes another's injury, the court may find judgment in favor of the injured plaintiff so long as no comparative negligence has been established. Courts have reasoned that a driver of a car or truck who fails to yield the right of way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142(a) and is negligent as a matter of law. A driver is required to see that which through proper use of his or her senses he or she should have seen," and the driver with the right of way "is entitled to anticipate that the other motorist will obey the traffic law requiring him or her to yield.

Under New York Vehicle and Traffic Law, § 1111(a)(1) car and truck drivers are legally obligated to yield the right of way to pedestrians in the crosswalk who are crossing when the "Walk" signal is in their favor, and a driver's failure to do so establishes prima facie negligence as a matter of law. An injured pedestrian is entitled to judgment as a matter of law, where plaintiff was in the crosswalk with the light in their favor, and the car strikes them while making a left turn. A motor vehicle driver has an obligation to observe and watch for pedestrians, and is negligent where he has failed to see what through the proper use of his senses he should have seen.

New York car accident lawyers should always use these firm statutes to represent their clients who sustain serious personal injuries in car accidents involving intersections with stop signs.