Ask the Lawyer

Personal Injury Law


Q: While working at a construction site, a slab of granite fell from a forklift onto my foot.   Currently, I am receiving workers’ compensation benefits for my injuries but do I also have a case against the property owner or general contractor?

A: In short, yes.  Both the owner and contractor could be liable for your injuries. New York Labor Law requires contractors and property owners to provide adequate safety devices to protect against elevation-related hazards at construction sites.  Elevation-related hazards include both falling workers and falling objects. If you can prove the existence of such an elevation-related hazard along with the failure to use (or the inadequacy of) a required safety device then the property owner and/or contractor would be liable for your injuries regardless of whether they knew about the defect or had any control over the work being performed. If you have any additional questions or concerns about such matters, you should contact a personal injury attorney.

Michael A. Serpico is an Associate in the Personal Injury practice in the Garden City office of Meyer, Suozzi, English & Klein, P.C. located in Long Island, NY. Mr. Serpico has significant experience in state and federal civil litigation from intake to appeal and has also secured numerous successful appellate decisions.

Over the past 50 years, Meyer, Suozzi, English & Klein, P.C. has grown to encompass four individual offices located in Garden City, N.Y.New York City, N.Y., Albany, N.Y., and Washington D.C. offering a wide variety of legal services.Our 18 practice groups manage, negotiate or litigate just about any legal issue, transaction or dispute ranging from:Alternative Dispute ResolutionBankruptcy and Business Reorganization LawPersonal Injury LawCriminal Defense LawCorporate Finance, Corporate LawDisability Insurance ClaimsEducation LawEmployee Benefits ERISA LawEmployment Law, to: Government RelationsLabor LawLitigation and Dispute ResolutionMunicipal, Land Use & Environmental Compliance LawProfessional ResponsibilityReal Estate LawTax Certiorari & Condemnation Law and Trusts and Estates.