A construction worker employed at the future site of 4 World Trade Center fell while working on the 58th story. According to reports, the worker slipped, puncturing himself with a steel rod that he was holding at the time.
At the time of this post, additional details were not available. Potentially, this worker could be protected by Labor Law 240, which codifies that “[A]ll contractors and owners and their agents…shall furnish or erect…devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.” As we have discussed here before, Section 240 of the Labor Law is a strict liability statute. Negligence on the part of the employee, or any comparative liability is not taken into account when analyzing these cases.
This is not to say that the worker has such a case, based on the brief outlay of facts above. Should additional facts support this, however, the strict liability provisions of Labor Law 240 will protect the worker should he attempt to file suit.