This story just kills me. The Syracuse Post Standard reports that a construction worker repairing the roof of Tully High School fell from the roof this morning while members of the high school’s girls cross-country team stood by and witnessed it. I feel terrible for the injured worker, but also for those poor kids who witnessed the tragedy.
And it was an avoidable tragedy. The law was not followed. I’ll tell you more about that later, but first let me say that, in my experience as a Syracuse construction work accident lawyer, most fallen roofer injuries are serious, and life-long. Because the injuries from falls are so serious, New York has a special law to protect construction workers on rooftops and scaffolds. It’s called Labor Law 240, or “the scaffold law”.
Tully School District will almost certainly be held liable to the fallen roof-repair man. Why? Because under New York Labor Law 240, the owner of a building is, in almost all circumstances, strictly liable for all worker falls from the building’s roof. The roof repair man should have been tied up with a lanyard or some other safety device, and apparently he was not. This is, generally, a clear cut violation of Labor Law 240.
The fallen worker will be entitled to workers’ compensation through his employer, but also entitled to full compensation from the School District for all additional lost wages, past and future, as well as any additional medical expenses, and pain and suffering compensation. Tully School District, call your insurance carrier! Tully School District insurance carrier, call your lawyers! Fallen worker or his family, call a New York construction accident lawyer!
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Michael G. Bersani, Esq.
michaels-smolak.com Central NY construction accident lawyer
Michaels & Smolak, P.C.