Labor Law 11 : Decking

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Q: I am an ironworker.  With a gas-powered circular cut-off saw, I was cutting through steel decking.  The saw became bound up in the decking.  This caused me to be thrown a distance of 14 feet into an opening in the floor.  I had been given no safety devices that would have prevented me from being propelled into the hole.

A: The defendants will want to show that you voluntarily chose not to use safety devices that were indeed available.  They may call themselves conscientious by pointing to weekly meetings with a safety specialist hired to oversee the construction project in question.  The defendants may point to a meeting where you were told to use lanyards, cables or harnesses, when working near open areas.  They may even add that a standing order was in place that you were to be in a harness and tied off.

Always be sure to tell your attorney everything.  Don’t hold back from any of the facts.  Assume that the truth will come out.  Even if your position is not perfect, be sure to give your attorney a chance to develop a winning case from the full set of facts.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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