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Appeals Court Hands Win to Electrically Shocked Construction Worker Without Trial

Appeals Court Hands Win to Electrically Shocked Construction Worker Without Trial

An appeals court in Manhattan said a trial was unnecessary to decide if the parties who operated a construction project were responsible for the injuries and losses a carpenter incurred when he was shocked by electricity on the job. The result is a significant victory for our client, and was handled by Firm Founder David H. Perecman and The Perecman Firm, P.L.L.C. legal team.

The appellate case stems from a construction accident in which David’s client, a skilled carpenter, was using a long extension rod with a Hilti powder-actuated fastening tool, a type of nail-gun device, to shoot pins into a high ceiling. While using the fastening tool, the worker received an electrical shock.

A coworker and a foreman said that they had seen uncapped wires immediately after the accident in the area of the worksite where the carpenter had been working. They also stated electricians came over to cap them after the accident occurred.

Though a supervisor claimed he did not see the wires, the appeals court noted he wasn’t on the worksite until 20 to 30 minutes after the accident. Given the supporting evidence provided by the coworker and foreman, the Court held that what the supervisor claimed to have seen was not sufficient to deny the granting of summary judgment – a ruling where the court decides in favor of one party without a full trial.

With its ruling, the panel of judges from the New York State Supreme Court’s Appellate Division, First Department agreed it was the responsibility of those in charge of the construction project to either shut off and ground the power or insulate the work area per the Industrial Code, and that they were responsible for the electric shock suffered by Plaintiff from them failing to do so.

A trial will need to be held on the damages portion of the case with respect to our client's injuries, medical expenses, and loss of earnings.

A Proven NYC Firm Fighting for Injured Construction Workers

The ruling is an important one, both for our firm’s client and many other construction workers who perform dangerous jobs around the city. As Mr. Perecman notes:

“Winning trials for clients is always satisfying, but securing successful decisions on appeal can affect the rights of other workers who get injured in the future – which is a victory all of its own.”

Attorney David Perecman is regarded as one of NYC’s leading personal injury lawyers, and has been the driving force behind The Perecman Firm, P.L.L.C.’s reputation as one of the most trusted construction accident law firms in the City. With a track record that includes landmark verdicts and settlements, Mr. Perecman continues to fuel our firm’s ability to fight for all types of construction workers, tradesmen, and union laborers across New York City after they’ve been hurt on the job – as well as our success in recovering over $400 million in compensation for clients since 1983.

Have questions about a potential construction accident claim of your own? The Perecman Firm, P.L.L.C. is available 24/7 to help, and offers FREE consultations. Call (212) 577-9325 or contact us online to discuss your case.

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