Workers’ Compensation 2 : Who Gave That Order?

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Q: In a garage renovation project, my job was to chip-off the concrete from an exposed and elevated steel beam.  Someone called my name.  I lost my balance and fell onto the concrete floor below.  What are my chances under the Labor Law?  In Workers’ Comp?

A: Everything depends on details that you have not told me.  How had you been directed to mount?  If you were directed by the owner, from a ladder and without a safety device, then your case under the Labor Law looks good.

If you had been provided with a motorized scaffold from which all sections of the beam could be reached, and you had no reason to mount the beam, and you were never ordered to climb onto the beam, then your case looks poor.

If you had been joking around on the day of the accident and had been dancing and fooling around on the beams, or if you were trying to walk from one side of the garage to the other, rather than working, when you fell, then your case collapses.

Did the owner give that order, or did your supervisor?  If your employer is the only entity that was involved with the work, then any remedy most likely arises under the Workers’ Compensation Law.  Your attorney must have all the details.

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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