What Is Considered A Falling Object Under New York Workers’ Comp Law?

Each state has labor laws in place designed to protect workers and employers. These laws are designed to determine who has rights in workplace accidents and other similar situations. However, it can sometimes be difficult to interpret these laws without court assistance.

One example is New York Labor Law § 240(1), which was designed to protect construction workers who work at heights from falls or fall-related accidents. The meaning of the statute has evolved over time. Generally, the law requires that the general contractor provide the proper equipment to workers in order to prevent gravity-related accidents.

A recent case in New York, D’Arrigo v. Long Island Concrete, Inc., puts this law in play and determines whether a pneumatic tool falling off a fence and injuring a worker falls under Labor Law 240. The worker was using a Rhino to install the fence. In this case, a rhino is not a large animal but instead a device used to drive in fence posts. It is a pneumatic tool that weighs between 55 and 80 pounds and runs on an air compressor. It is placed on top of a fence pole to hammer the pole into the ground.

In this case, the Rhino was sitting on top of a post when it unexpectedly shot upward. It then fell down and hit a worker in the head. According to the worker, the Rhino’s safety device — a sleeve designed to keep the tool on the pole — did not function properly. It failed to keep the Rhino in position until it could be removed. The employee argued that this was a violation of Labor Law § 240(1).

However, New York Labor Law § 240(1) only applies when the main cause of the falling is the force of gravity. That was not the case in this situation. The Rhino did not simply fall off the post.

The employer asked the court to throw out the case, stating that the law did not apply under the circumstances. The court agreed.

The court explained that the law is designed to protect an injured worker from harm directly flowing from the application of gravity to an object or person. The statute does not cover accidents that are only slightly related to the effects of gravity. Instead, gravity must be a direct factor in the accident.

In addition, the accident could not be attributed to a foreseeable elevation-related risk presented by the work. Labor Law § 240 (1) involves gravity-related dangers that are obvious. The court also stated that the Rhino was designed to slide up and down and pound the post into position. It would not have made sense to secure it, as that would have defeated its purpose. Based on all this information, the court dismissed the worker’s claim.

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The awarding of workers’ compensation benefits depends on the laws. Sometimes these laws need to be clarified, though, so workers cannot take advantage of them/

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Source:

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