NEW YORK, NY, February 18, 2012
/24-7PressRelease/ -- 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 at
http://www.perecman.com.
About David Perecman and The Perecman Firm, PLLC:
For the past 30 years, the New York civil rights violation, medical malpractice, auto accident, and construction accident lawyers at The Perecman Firm, PLLC have handled all types of civil rights violation cases in New York. David Perecman, founder of the Firm, is a Board Director and the past Secretary and Treasurer of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman's achievements have brought him recognition as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition" for the years 2007-2010. The prestigious U.S. News & World Report ranks The Perecman Firm among the top 20 personal injury firms in New York City for 2011-2012.
The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman won a $15 million verdict** for a construction accident, a $5.35 million dollar verdict*** for an automobile accident, and a $40 million dollar structured settlement for medical malpractice****.
The Perecman Firm serves Manhattan, Bronx, Brooklyn, Queens, Staten Island, Long Island, Westchester, Upstate NY, Morris County, and Rockland County.
**later settled while on appeal for $7.940 million
*** later settled for $3.5 million
**** total potential payout
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"Prior results do not guarantee a similar outcome."
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