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.
Personal Injury Lawyer
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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
General Practice Lawyer
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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
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.
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Sounds like a serious injury with a strong insurance claim or possible suit.
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Personal Injury Lawyer
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/safetyhealth/DOSH_CODE_RULES.shtm. 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.
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Personal Injury Lawyer
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
Commercial Real Estate Attorney
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
Social Security Lawyers
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.
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