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

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

Posted

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

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Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

Labor § 206. Prevention of personal injuries to persons engaged in tree trimming. The board of standards and appeals may make rules guarding against personal injuries to persons engaged in cutting, trimming or removing trees or brush for hire. Such rules shall not apply to persons cutting, trimming or removing trees or brush on behalf of, or employed by, a public service corporation subject to the jurisdiction of the public service commission.

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

correct; statutory violation

Posted

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.

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Posted

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. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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Posted

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

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The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com

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Posted

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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Posted

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

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Posted

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!!!!

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Asker

Posted

Have all covered already just making sure. Have great comp and disability lawyer but not liking injury lawyer kind of slow. Thanks for looking out for my son good advice!!!!!

Posted

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

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John J. Carney

John J. Carney

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Avvo does not allow client solicitation

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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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Posted

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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