A New York Construction Accident Lawyer Who Represents Injured Workers Tracking Developments in Construction Accident Law.

A worker was injured while climbing down from a cement truck parked near the entrance to a construction site.

On August 3, 2010, the Appellate Division held that he is entitled to pursue a Labor Law 240(1) claim against the owner and lessee of the property, even though the accident did not technically occur inside the parameters of the site, but instead 100 feet away, because the work he was doing–delivering and mixing the cement–was “necessary and incidental” to the overall work.

What makes this decision interesting is that the plaintiff was not on the subject property when he was injured, yet was nonetheless allowed to sue the property owner given the connection between his work and the property. At the time, he had been directed to wait in line with other trucks to enter the site and was mixing the cement.

This decision, D’Alto v. 22-24 129th Street, LLC, 2010 NY Slip Op 6291 (2d Dept. Aug. 3, 2010) is a victory for New York construction accident attorneys and their clients because it renders an expansive interpretation of  the scope of the Labor Law.

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