In an effort to repair an elevator in a five story cooperative in Manhattan, a repairman lost his life on Wednesday, January 13, 2010. While the exact method of the repairman’s death is not yet determined, speculation is divided between a fall in the elevator shaft or electrocution. The repairman was there to deal with tenant complaints of elevator misalignment with the floor, and with “squeaking” sounds.

Having died in the course of his employment, the representatives of the deceased will look to Workers Compensation for their remedy.

Without explaining the intricacies of the New York Labor Law, whether the repairman’s estate will have a viable THIRD PARTY lawsuit against the owner of the building, in addition to the Workers compensation claim, may well rest on a judicial determination as to whether a “repair”, as opposed to “maintenance,” was involved in the work being performed by the repairman at the time of his death !! The availability of a THIRD PARTY action could make a significant difference in the eventual amount recovered.

The laws surrounding injuries sustained by workers in the construction trades and allied fields are very protective but also very complicated at times.

The difference to the injured party and that party’s dear ones can be very substantial since, as an almost inviolable rule, THIRD PARTY actions result in recoveries significantly greater than awards under Workers Compensation.

An attorney with considerable experience in handling THIRD PARTY LABOR LAW cases is essential to safeguard the vital financial interests of those grievously affected by a worker’s accident. If you or your family member have been injured contact Orlow, Orlow, & Orlow today.