You are here: / / ALTHOUGH NOT AN EMPLOYEE UNDER THE WORKERS’ COMPENSATION LAW, PLAINTIFF...
,

ALTHOUGH NOT AN EMPLOYEE UNDER THE WORKERS’ COMPENSATION LAW, PLAINTIFF WAS AN EMPLOYEE UNDER THE LABOR LAW AND WAS ENTITLED TO SUMMARY JUDGMENT ON HIS LABOR LAW 240(1) CAUSE OF ACTION.

The First Department, over a dissent, determined plaintiff was entitled to summary judgment on his Labor Law 240(1) cause of action, despite the finding by the Workers’ Compensation Board that plaintiff was not an employee entitled to Workers’ Compensation benefits from the general contractor. Plaintiff was found to be an independent contractor legitimately working at the site. The definitions of employer and employee in the Labor Law and Workers’ Compensation Law are different:

The sole issue at the workers’ compensation hearing was whether plaintiff was an employee of [the general contractor] as to be entitled to workers’ compensation benefits. The sole finding made by the ALJ was that plaintiff was an “independent contractor” not entitled to receive workers’ compensation. The ALJ made no determination as to the scope of that work. … Plaintiff testified that he was injured when a scaffold collapsed underneath him while he was helping to load a container with construction debris.

[The owner] fails to point to any evidence demonstrating that plaintiff was not “employed” on the premises on the date of the accident, and therefore, fails to raise a triable issue of fact. Having established that he was “employed” within the meaning of the Labor Law, plaintiff is entitled to partial summary judgment on the issue of liability on his section 240(1) claim. Vera v Low Income Mktg. Corp., 2016 NY Slip Op 08318, 1st Dept 12-13-16

 

LABOR LAW-CONSTRUCTION LAW (ALTHOUGH NOT AN EMPLOYEE UNDER THE WORKERS’ COMPENSATION LAW, PLAINTIFF WAS AN EMPLOYEE UNDER THE LABOR LAW AND WAS ENTITLED TO SUMMARY JUDGMENT ON HIS LABOR LAW 240(1) CAUSE OF ACTION)/WORKERS’ COMPENSATION LAW (ALTHOUGH NOT AN EMPLOYEE UNDER THE WORKERS’ COMPENSATION LAW, PLAINTIFF WAS AN EMPLOYEE UNDER THE LABOR LAW AND WAS ENTITLED TO SUMMARY JUDGMENT ON HIS LABOR LAW 240(1) CAUSE OF ACTION)

You might also like
Labor Law 240 (1) Concerns Only Whether Proper Safety Equipment Was Provided—Comparative Negligence Is Not Relevant
IDENTITY THEFT STATUTE AMBIGUOUS, THE ASSUMPTION OF THE VICTIM’S IDENTITY IS AN ESSENTIAL ELEMENT OF THE OFFENSE, HERE DEFENDANT USED HER OWN NAME, CONVICTION REVERSED.
CLASS ACTION COMPLAINT BY TENANTS AGAINST LANDLORDS ALLEGING FAILURE TO PROVIDE RENT-STABILIZED LEASES SHOULD NOT HAVE BEEN DISMISSED AT THE PRE-ANSWER STAGE (FIRST DEPT).
PLAINTIFF MADE A SUFFICIENT SHOWING OF PERSONAL JURISDICTION OVER A NEW JERSEY RADIATION TREATMENT CLINIC TO BE ENTITLED TO DISCOVERY (FIRST DEPT).
A JUDGE CANNOT ENTER A JUDGMENT WHICH DOES NOT CONFORM TO THE ORDER; HERE THE JUDGMENT ELIMINATED MILLIONS OF DOLLARS IN DAMAGES AND EXTINGUISHED A DEFENDANT’S LIABILITY (FIRST DEPT).
Taxi Owners Not Entitled to Damages After Ruling by NYC Taxi and Limousine Commission (Which Was Alleged to Have Damaged the Taxi Owners in the Amount of Over $15 Million) Was Found Arbitrary and Capricious
THE INSURER’S OBLIGATION TO INDEMNIFY SHOULD NOT HAVE BEEN DETERMINED BASED UPON THE ALLEGATIONS IN THE PLEADINGS (FIRST DEPT).
GLOMAR RESPONSE, NEITHER CONFIRMING NOR DENYING THE EXISTENCE OF DOCUMENTS, APPROPRIATE UNDER THE FACTS.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PLAINTIFF ENTITLED TO SUMMARY JUDGMENT ON LABOR LAW 240(1) AND 240(6) CAUSES... PLEADING REQUIREMENTS FOR A LAUNDRY LIST OF FRAUD-RELATED CAUSES OF ACTION SUCCINCTLY...