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Going to the Truck: The Application of NY Labor Law 240

When it comes to New York construction accidents, the outcome is often something that emerges from the details of the case in a complex way. It’s not as easy as just saying “somebody was hurt and they need compensation.” There are many aspects to consider and language in New York State statutes that has to be analyzed and interpreted.

One of the easiest ways to explain this is where cases get held up by conversations about where a worker happened to be at the time of the accident. Were they on a ladder or scaffold? Where they holding a hammer and pounding on a structure? Were they on some other part of the job site, evaluating materials, going to and from the truck, or walking toward another part of the site at the time of the accident?

New York State Labor Law 240 specifies a certain set of protections for injuries where the victim’s work was “necessary and incidental to the erection or repair of the building or structure.”

That’s something that’s very open to interpretation, and we’ve seen New York cases be interpreted in many ways. We’ve seen New York courts hear prolonged arguments over what constitutes a structure, what type of work is covered and how lawyers define the specific purpose of someone’s activity at the time of an accident. But the issue of location is also critically important.

If someone is injured on a secondary part of the job say, in or near a truck, or in or near an entrance, a defendant may try to say that the rules of the statute don’t apply to the case. Then you may be faced with a court battle in which such details must be ruled on one way or the other.

Let RMFW Help

This is just one of the many situations where qualified injury lawyers play a critical role in the process. Injury victims rely on these skilled legal professionals to go to bat for them and explain to judges how their cases are relevant. Without a robust and thorough defense of their best interests, those who are harmed in the course of their work can lose out on the best potential outcome in court.

Qualified injury lawyers understand this and use everything at their disposal to serve their clients’ best interests. They help clients evaluate the best legal options and keep them informed about how their cases are proceeding. From the first consultation to the eventual resolution of the case, they keep their clients’ views and needs in the forefront and make sure that their voices are heard in New York courts.

Get Help From New York Spinal Cord Injury Lawyers

Regardless of the details, a New York City area construction worker who was involved in a workplace accident that led to a spinal cord injury or any other type of injury can contact the Law Offices of Rosenberg, Minc, Falkoff & Wolff. We will help you determine how details regarding the site or structure, the worker’s location, the tools used and other factors might influence the outcome of a case. Let us protect your legal rights in New York City courts.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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