A worker at the site of Fordham Law’s new building fell roughly seventy-five feet into an open elevator shaft, the New York Post reports. Although he was wearing a protective harness at the time of the accident, something went awry leading to the fall. The worker was taken to St. Luke’s Hospital in critical condition.
It is very soon after the accident, however, if the facts presented by the Post prove to be accurate, the worker and his family may have a viable claim of a Labor Law violation on the part of the employer, Gotham Construction. As this blog has discussed in the past, a violation of Labor Law Section 240 does not allow for negligence on the part of the employee to mitigate damages against the employer. Contractors and/or employers must provide protective devices to their employees working at heights to protect against accidents such as the one that befell this worker. The first priority for the family will necessarily be to see their loved one return to health, but from a legal standpoint this most likely will not be the end to this story.
To read the full article in the Post, go here.
