Construction Worker Wins Case Based on Violations of NYS Worker Safety Laws
On June 29, 2021, a construction worker who sued the Metropolitan Transportation (MTA) was granted summary judgment with a ruling that the MTA violated several state worker safety laws. The construction worker was struck by an improperly hoisted load of L-shaped steel rebar on a construction site located below Grand Central Terminal. He suffered several herniated discs in his thoracic and lumbar spine and fractured his knee and ankle. The appellate Court reversed a New York County Judge and held that the construction worker was not the sole cause of his injuries and was simply following the directions of his foreman.
The appellate Court found as a matter of law that the MTA had violated New York State Labor Law, Sections 240 (1), 241 (6) based on 4 separate Industrial Code violations which caused the accident. A jury trial will be held to determine how much money should be awarded to the construction worker to compensate him for his injuries. Hayek v MTA, 2021 WL 2653270
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