Wednesday, February 22, 2012

Labor Law Buffalo, New York
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Sections 240(1) & 241(6) of the Labor Law provide significant safeguards for consrtruction workers in Buffalo, NY. 

    The basics of the Labor Law is that laborers are protected from falling and falling objects while on the construction sites Buffalo.  Under such circumstances, there is ablsoute liability as against the Owner and General Contractor.

    This sounds harsh and it is.  Labor Law 240 increases construction costs.  Business and insurance companies campaign against the rule in the daily papers, radio and in Erie County.   

    That all begs the Question.  Why have the rule?  Is it necessary.  The Answer is Yes!  Before Labor Law 240(1), Owners would hire the cheapest contractors to do the construction work.  If there were no safety devices utilized and workers were hurt or were killed, "too bad".  The owner's costs remained low.

    The Legislature and Labor Lawyers made the Owner's statutorily liable to force them to only hire firms that provided at least minimum safety devices.  It has helped.  It certainly has benefited workers and their families.

    But as costs are higher, businesses are still lobbying against the rule.  The Courts have heard their complaints and have answered by making application of the rule ever narrower.  The rule is still on the books and for the unfortunate workers that qualify, they do have some recourse. 

    That having been said, not all construction accidents involve the Labor Law.  Some simply arise when a delivery person attempts to deliver product and a stairway is dangerous because a worker had backed a truck into and damaged the stairs.  This amounted to a hidden defect that caused the plaintiff to fall and sustain a knee injury.  He was awarded $450,000 for complaints to his knee.  There was no surgery.

    Each case is different.  Our Firm has been handling Labor Law cases on behalf of injured workers for over thirty-five (35) years.  Let us see if we can help you.



Labor Law Settlement of $2.5 Million for Unsafe Workplace
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Labor Law, Workplace Injury Lawsuit Settles for $2.5 Million
 
A man was while working on a paving job has accepted a nearly $2.5 million settlement his Buffalo attorney, J. Michael Hayes advised.
 
The 23 year old worker will get a $500,000 payment in several weeks from insurance carriers for both Niagara Mohawk Power Corp. and Hartford Paving Corp. and then periodic payments totaling nearly $2 million. 
He had been working on a Hartford Paving crew renovating Delaware Avenue.  He was directing a truck when a wheel broke through a plywood sheet covering a manhole.  The truck tipped and a block of curbing fell onto his foot, crushing his toes. 
Hobbs suffered multiple fractures to his left foot and underwent corrective surgery four times.  Unfortunately, he has been left with only limited use of his foot, which will force him to seek employment outside the construction field.
Jury selection had been ordered to commence in about three months in State Supreme Court.  The case was based on the Labor Law and claims that this was an unsafe workplace.


 

Buffalo Welder Injured on Job To Get $3.5 Million On Labor Law Claim
  
            A former welder who suffered debilitating brain damage when he was overcome by carbon monoxide fumes while working at the Bethlehem Steel plant in Lackawanna received a guaranteed minimum payment of $3.5 million in a court case recently settled by J. Michael Hayes.
 
            State Supreme Court approved the insurance annuity based settlement in a negligence and product liability case over a career-ending injury.  J. Michael Hayes the victim's lawyer said the cost of the settlement was shared by the Bethlehem Steel Corp., Quackenbush Co. Inc. of Buffalo, a general contracting firm, and Mine Safety Appliances Co. Inc. of Pittsburgh.
 
            While working for the Quackenbush firm and wearing a gas mask made by Mine Safety Appliances, the victim was overcome by carbon monoxide fumes while welding atop a 30-foot tail exhaust pipe on a blast furnace. The injured worker was found unconscious by fellow workers. 
 
            Under the court approved settlement there was an initial cash payment of $550,000 and guaranteed monthly payments over the next 30 years to himself and his heirs of at least an additional $3 million.
 
            Should the laborer live past the 30-year guaranteed-payment period under the settlement, Mr. Hayes said, he will continue to receive monthly payments until death of another $1 million, making the total recovery 4.5 million dollars.
 
            The Defendants were sued for failing to see that adequate safety precautions had been undertaken to the exhaust pipe project.  The Pennsylvania firm was sued for defective design of the gas mask. The Quakenbush firm also was sued for failing to properly maintain the gas mask it had purchased from Mine Safety Appliances.

 

$350,000 Gross Verdict
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Buffalo Jury Awards Man $1.25 Million
  
            A West Seneca man was awarded more than $1 million as compensation for injuries he suffered in an accident during a renovation project at a local shopping Mall by a six member jury. 
            The verdict followed a weeklong trial before State Supreme Court Justice Frank A. Sedita, Jr. a jury deliberated about 3½ hours before holding the General Contractor liable under Labor Law 240(1) liable for the injured laborer's back and knee injuries. 
             The jury ordered the insurance carriers for two companies to pay $836,972, but because the injuries were suffered 10 years previously, mandatory interest will raises to about $1.25 million.
             The case was delayed due to appeals and to the fact that it was referred to J. Michael Hayes as trial counsel shortly before trial.
             It was an union electrician from West Seneca who was blown off an unsecured ladder while climbing on the mall’s multilevel roof as he was installing electrical lines. The victim has been able to return to a different line work after recovering from his back injuries. 


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