Window Washer's Fall from Height: Securing His Future After a Safety Lapse

New York City window washers often work at elevated heights that demand the utmost attention to safety. Oresky & Associates, PLLC, represents window washers who suffer on-the-job injuries due to someone else’s negligence, and we do not back down when faced with a challenge.

The case discussed below demonstrates the importance of legal representation in overcoming legal obstacles and recovering just compensation after a work-related accident.

The Incident and Initial Victory

Our client, a window washer, was seriously injured after falling from an elevated height while on the job. Upon investigating the accident, our legal team realized that the worker’s employer had violated New York State’s Labor Law 240(1), often called the "Scaffold Law”, by failing to provide the worker with adequate safety protections while he operated at elevations.

The law was on our client’s side, but the employer refused to accept responsibility, leading to a prolonged legal battle.

The Challenge of Comparative Negligence

In their appeal, the employer argued that our client was partly at fault for the accident and should recover less compensation than we had asked for.

This legal concept is called comparative negligence: the greater the victim’s share of liability, the less money they can recover. Comparative negligence can therefore have a significant impact on the amount of compensation an accident victim receives, which is why employers and others sometimes cite it when they want to minimize the damages they have to pay.

Since this tactic is so common, our legal team was expecting it — and we were ready to fight back.

Championing Our Client's Rights

Undeterred by this legal challenge, Oresky & Associates, PLLC, prepared a clear and straightforward counterargument: comparative negligence does not absolve employers of their primary duty to provide a safe work environment.

Building a Strong Case: Our Strategy

We reviewed the details of the case, consulted with safety experts, and dissected the intricacies of Labor Law 240(1). Our goal was to demonstrate that, even if our client's actions contributed to the accident, the employer's failure to adhere to the safety standards mandated by law was the primary cause of the fall and the resulting injuries. This fact entitled our client to full compensation.

Securing a Favorable Outcome*

Through strategic negotiation and our in-depth understanding of labor law, we successfully neutralized the employer’s assertion of comparative negligence. We completed the case by securing a settlement that acknowledged the employer's liability and provided our client with the financial resources to support his recovery and rebuild his life.

The Importance of Legal Advocacy

This case is a powerful reminder that having dedicated legal advocates on your side after a workplace accident can be vital. At Oresky & Associates, PLLC, our New York personal injury lawyers are committed to protecting the rights of injured workers and ensuring that those responsible for on-the-job injuries are held accountable.

If you or a loved one suffered an injury due to someone else’s negligence, call us at (718) 993-9999 today. We will help you navigate the nuances of the New York legal system, regardless of your immigration status.

* Prior results do not guarantee a future similar outcome.