attorney in ny who make 240

Why did the New York State legislature pass the scaffold law?

The New York State legislature probably realized that it could not repeal Newton’s law, but it did enact the “Scaffold Law” (New York State Labor Law §240) to protect workers against the dangers of gravity while they are on the job.

How much did the Queens jury award to the injured worker?

Workers compensation provided some immediate reimbursement for his medical expenses, but the Queens jury subsequently found that his employer violated the Scaffold Law, and awarded the injured worker more than $60 million to compensate for past and future pain that accompanied his long-term disability.

Is New York a Labor Law?

New York is unique in that none of the other 49 states have enacted a law like Labor Law 240. If you are injured at a job site within the geographical boundaries of New York State, whether from a fall from an elevated worksite such as a scaffold or from an object that falls on you from an elevated location, then with very few exceptions Labor Law ...

Is an employer liable for falling objects?

An employer’s attempts to reduce the risks of falls or falling objects are not relevant. Employers can and will provide safety training and equipment, but they will still be liable to compensate workers for injuries. The New York State courts generally apply Labor Law 240 as broadly as is possible to favor injured employees.

Is the scaffold law strict?

For the past several years, the New York State legislature has considered amending the Scaffold Law to change the standard from strict to comparative liability, where an injured worker’s reimbursements would be limited in accordance with the worker’s own relative fault for the accident.

Who is liable for a 240 accident?

Section 240 also excludes owners of one and two-family dwellings who do not control the work being performed from responsibility, unless they took direct oversight of a project. Owners of larger residential or commercial buildings are automatically liable if an accident occurs under Section 240.

What is a building under 240?

For instance, under Section 240, a worker must have been working on a structure that is legally defined as a building. However, the definition of a building is broad because it includes other types of structures, such as bridges, boats, subway tunnels, and garages.

What is scaffolding law in New York?

Section 240 of New York State Labor Law, the “Scaffolding Law”, protect s the rights of construction workers who suffer a fall or are struck by a falling object. This legal requirement mandates construction owners and contractors to provide scaffolding and other safety measures to protect workers. Reasonable steps include scaffolding, hoists, ladders, slings, hangers, pulleys, ropes, and stays, to name a few. In the event an accident has occurred, an attorney can examine the situation and determine if the injury is covered under Section 240.

Why is Section 240 so specific?

The reasoning for this is because Section 240 allows for injured parties to recover more than they would be allowed to under common law or workers’ compensation.

What are the laws of New York State?

New York State designates laws to provide specific protection to workers who are injured on construction worksites. These laws provide protection for injuries or fatalities occurring at commercial worksites which includes: preparation, demolition, repairs, or alterations.

What is section 241?

Section 241 specifically refers to construction situations involving demolition, excavation, and safety equipment. Under this section of New York State Labor Law, owners and contractors must take reasonable steps to provide adequate safety provisions for their workers. Section 241 directly addresses how floors are constructed during ...

What is the general duty of owners and contractors in New York State?

According to this section of New York State Labor Law, it is the general duty of owners and contractors to make certain all equipment, machinery, and devices are positioned, operated, and guarded in a secure manner. Section 200 also provides protection for visitors and indicates the job site must have adequate lighting and guardrails.

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Why are the attorneys in New York pushing for a raise?

Court-appointed attorneys representing poor defendants in New York are pushing for their first raise in 15 years as their caseloads are set to increase because of new criminal justice reforms.

How many times has the attorney rate risen since 2004?

Meanwhile, court-assigned attorneys in federal courts have seen rates rise 12 times since 2004, up to $148 an hour in February. “When the rates stay stagnant, it becomes an economic disincentive to become a lawyer to do the work for the poor and ...

Why is 18B so difficult?

Assemblyman Joseph Lentol (D-Brooklyn), a sponsor of the legislation, said that increasing rates has been difficult because 18B puts the onus on individual counties to pay for court-appointed attorneys. He said the measure would likely have to be part of next year’s budget.

Is there a shortage of personal injury lawyers in New York City?

There is no shortage of personal injury attorneys in New York City, but when you have suffered a serious injury due to someone else’s negligence or reckless behavior, you want a lawyer with superior credentials, in-depth knowledge of the law, and well-developed courtroom skills -- you want the services of Michael J. Redenburg, Esq. P.C.

Is New York a comparative negligence state?

New York is a pure comparative negligence state which means that even if you bear a portion of the blame for the accident in which you were injured, you are legally entitled to monetary compensation. You will, however, have the percentage of fault assigned to you by the court deducted from the damages it awards you.