What is this saying ? N.Y. Labor Law 206 - Prevention of personal injuries to persons engaged in tree trimming .

Asked over 1 year ago - Albany, NY

My 24 year old son was hurt on the job while working for a tree co w/o comp and with only a million dollar policy. We know about the UEF and our right to elect one, I am trying to find out if the tree co can argue comparative negligence the co does have assets. My son was badly injured including ending up with a paralyzed arm.

Attorney answers (10)

  1. Jeffrey Mark Adams

    Contributor Level 20

    11

    Lawyers agree

    Answered . Sorry about your son. I think you mean Labor Law 241(6); there are also sections 200 and 240. Comparative negligence is but one defense that may apply. Why don't you let me, or someone else, either represent your son or make a recommendation. I know an A+ firm in Albany and couple in the abutting counties. This is serious business; trust me you are over your head. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. Jeffrey Jose Estrella

    Contributor Level 13

    10

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    Answered . Sounds like a serious injury with a strong insurance claim or possible suit.

    THE ESTRELLA LAW FIRM, P.C.
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    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20... more
  3. Rixon Charles Rafter III

    Contributor Level 20

    11

    Lawyers agree

    Answered . There may be several defesnses the company can mount.

    Engaging an attorney is a MUST if you expect to recover anything substantial.

    Engaging the attorney as soon as possible is critical to ensuring your son maximizes his chances of recovering all he can and does not take legal missteps that limit downstream optioins.

    Best of luck in this unpleasant business; Hope he is otherwise recovering.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  4. Gregory Scott Gennarelli

    Pro

    Contributor Level 14

    9

    Lawyers agree

    Answered . Im sorry about your sons accident. The section means that the board can enact additional protections for those performing that type if activity. The boards rules can be found here http://labor.ny.gov/workerprotection/safetyheal.... Unless the statute provides for strict liability such as Labor law 240(1), 241-A, etc, comparative negligence is always a defense. You should contact an attorney experienced in Labor Law claims. Good luck.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas.... more
  5. Daniel Nelson Deasy

    Contributor Level 20

    10

    Lawyers agree

    Answered . Mr. Adams is right on -- you need counsel ASAP as every day that goes by is anothe day where your son's rights are being jeopardized.

    Most importantly, here's to a speedy recovery.

    Good luck to each of you.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  6. Michael J Palumbo

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . Seek personal injury and worker's compensation counsel as well as disability counsel ASAP!!!!! Stop trolling around online and trying to deal with this as your son's representative!!!!

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Bottom line is that your son needs a personal injury lawyer so he can get maximum compensation. You may read about paralysis cases on my site. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  8. Paul David Giannetti

    Pro

    Contributor Level 4

    6

    Lawyers agree

    Answered . section 11 of the NYS Workers Compensation Law allows for an election of remedies. You can claim WC and smiply prove what is known as accident, notice and causal relationship (ANCR) OR maintain an action in Supreme Court for damages. If you elect WC then the UEF will be liable in the first instance and may seek subrogation against the uninsured employer. If you elect to file a civil action then you must demonstrate negligence or a labor law violation. Your legal burden is likely much more significant if you elect a civil action. In certain cases the employer may be barred from pleading contributory negligence or assumption of the risk. Be careful and investigate your options before you accept Comp or begin a civil action because once you elect your remedy you may be stuck with the decision.

  9. John Frederick Harwick

    Contributor Level 7

    5

    Lawyers agree

    Answered . My Firm is located in Albany and we handle these types of cases. The answer is complicated and will depend upon an number of factors. Your son may have a calim for strict liability under New York's Labor Law and comparative fault might not apply. To answer all of your questions we should speak on the phone or meet in person. We offer free consultations and work on a contingency fee, meaning there is no fee unless you son collects.

    John Harwick, Esq.
    Hacker Murphy, LLP
    518-783-3843
    www.hackermurphy.com

  10. Rafael Omar Gomez

    Contributor Level 10

    5

    Lawyers agree

    Answered . There are a lot of factors that go into responding to your question. We specialize in construction accidents so please contact us for a free consultation to discuss your son's rights under these circumstances.

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