New York construction accident lawyer David Perecman comments on the expansion of Labor Law 240. His law firm, The Perecman Firm, persuaded a New York Appellate court to interpret New York’s Labor Law 240 to include an accident caused by a block that swung and injured a worker into the realm of those caused by the application of the force of gravity.
The New York construction accident lawyers at The Perecman Firm have handled all types of construction accident cases over the past 30 years. A case decision from the New York Appellate Division, First Department broadened the reach and impact of New York law. The decision in Kempisty v. 246 Spring Street, LLC (Index Number: 107465/07) expanded the application of Labor Law 240.
Historically, this law protects the rights of workers who are injured when they fall while working at heights or are struck by an object that falls from a height. Such construction accidents in New York are considered gravity related accidents and thus covered by Labor Law 240. Thanks to the court’s decision, this law will now clearly include in the definition of accidents caused by application of the force of gravity one where an object swings like a pendulum.
According to court documents, a construction worker suffered a serious injury to his foot when a steel block improperly swung while it was being hoisted. The steel block did not fall or drop on the worker. The block and the worker were at the same level and the block had traveled a short distance. The Appellate Court decided these facts would not prevent Labor Law 240 from being applied, and found in favor of the worker.
The Perecman Firm, the New York construction accident law firm which represented the construction worker, had presented proof from an engineer that showed when the weight swung, the movement was due to the force of gravity. The Perecman Firm provided further proof that the only reason such movement occurred was that the weight was lifted improperly or not adequately secured. This failure was found to be a violation of Labor Law 240.
“Decisions like this protect construction workers and I compliment the Appellate Division justices on their well thought out decision and on shaping the law that protects the men and women who build this State of New York and the buildings we live and work in,” said New York construction accident lawyer David Perecman, founder of The Perecman Firm. If you suffered an injury in a construction accident, contact the experienced New York construction accident lawyers at The Perecman Firm