Window Washer's Fall from On High: Securing His Future After a Lapse in Safety

New York City window washers often work at elevated heights that demand the utmost attention to safety. For over thirty years, Oresky & Associates, PLLC, has represented window washers who suffer on-the-job injuries due to the negligence of others, and we do not back down when faced with a challenge.

The case discussed below is just one example of the countless cases that demonstrate the importance of experienced legal counsel. Having an aggressive legal team with advanced knowledge of New York law in your corner makes all the difference.

The Facts of the Case

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 proved that a violation of New York Labor Law 240(1), often called the "Scaffold Law”, had occurred. The injured worker was not provided with adequate safety protections while he operated at elevations. A claim was made for workers’ comp against the employer, and a third-party action was filed against the property owner under the Scaffold Law.

Even though the law was on our client’s side, the property owner, a museum, and their insurance company refused to accept responsibility, leading to a prolonged legal battle. Undaunted, we litigated the issue of the defendant’s liability all the way up to the Appellate Division, which ultimately ruled in our favor.

Championing Our Client's Rights

In the Appellate Division, the property owner (the defendant) argued that our client was “the sole proximate cause of his accident” and should not recover any compensation for his losses. The defendant argued that the worker’s failure to use a specific knot in the safety harness was the ultimate cause of his fall.

Undeterred by this legal challenge, Oresky & Associates, PLLC, prepared a clear and straightforward counterargument to the court: comparative negligence (actions taken by the plaintiff that may have contributed to his own accident) does not absolve property owners of their primary duty to provide a safe work environment under New York’s Scaffold Law, and their duty to protect the plaintiff is absolute.

Building a Strong Case: Our Strategy

We reviewed the case details, consulted with safety experts, and examined the intricacies of Labor Law 240(1). Our goal was to demonstrate that, even if our client's actions contributed to the accident, comparative negligence, unlike in other personal injury cases, cannot be considered under the Scaffold Law. The court agreed with us, holding that, “despite plaintiff having failed to perform this safety measure, this omission was at most comparative negligence, which is not a defense to a Labor Law § 240(1) violation.”

Securing a Favorable Outcome*

Due to our in-depth understanding of New York’s Labor Law provisions, we successfully neutralized the defendant’s assertion that the injured worker’s own negligence, if any, could be used to dispute the case. After this appellate victory, we were able to settle with the property owner. The funds he received provided our client with the financial resources to support his recovery and rebuild his life.

The Importance of Legal Advocacy

This case serves as a powerful reminder that having dedicated legal advocates with advanced knowledge and skills on your side after a workplace accident is crucial. Equally important is having attorneys like ours who are experienced in fighting legal battles against insurance companies that refuse to pay unless pressed to do so. 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.