18 The Queens Courier • october 6, 2016 FOR BREAKING NEWS VISIT www.qns.com Advertorial Legally Speaking By: Scott Baron, Attorney at Law CAT OFF THE WALK Q: With two other workers, I was working to replace an advertisement on a billboard. It was elevated sixty feet from the ground. The billboard was composed of a two-sided metal frame, set on a metal tube embedded in the ground. Like the new advertisement, the old one had been printed on pieces of vinyl. In order to install the new advertisement, we needed to attach some additions, called extensions, to the existing frame. An extension is a plywood cutout shaped to accommodate the advertisement’s artwork, when it exceeds the boundaries of the billboard’s frame. The extension is attached directly to the frame with nails, nuts and bolts. At one point, in order to get around one of my co-workers, I detached my lanyard (rope) from the catwalk’s safety cable. Before I was able to reattach the lanyard, a strong wind gust caused a loose piece of the old advertisement to strike me in the chest, knocking me to the ground. A: From these facts, it appears that you have a viable claim under at least three sections of the Labor Law. Under section 240(2), that catwalk should have been surrounded by a safety railing. Apparently, the catwalk was not. Under section 240(1), a property owner can be liable for failing to provide sufficient safety devices to protect a worker, who is engaged in “altering” a structure, from elevation-related risks. Installing extensions that change the physical shape of a billboard amounts to altering it. It should not matter that you were not doing so at the actual moment of the accident. Similarly, under section 241(6), all areas in which “construction” work is being performed must be so equipped as to provide reasonable and adequate protection and safety to the workers. Construction includes alteration. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice. Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 Your Homeownership Partner The State of New York Mortgage Agency offers: • Competitive , fixed-rate mortgages for first-time homebuyers • Downpayment assistance available up to $15, 000 • Special program for veterans, active-duty military , National Guard and reservists • Funds available for renovation 1-800-382-HOME(4663) www.sonyma.org Great Rate and a Bonus on Each 1-Year Anniversary -- with Your Choice of Passbook or Statement Savings! PLUS 0.25% On each 1-year anniversary of account opening BONUS Savings Account Visit our new Queens branch at 78-01 37th Avenue, Jackson Heights for special offers available only at this location! Established 1863 · Member FDIC www.applebank.com 78-01 37th Avenue, Jackson Heights, 718-779-0002 91-31 Queens Boulevard, Elmhurst, 718-458-2120 102-35 Queens Boulevard, Forest Hills, 718-997-2020 116-12 Queens Boulevard, Forest Hills (Kew Gardens), 718-575-2841 43-73 Kissena Boulevard, Flushing, 718-321-2200 168-42 Hillside Avenue, Jamaica, 718-739-2880 BONUS** 0.75% APY* $25,000 minimum to earn stated rate *For the Apple Bank BONUS Savings account, interest earned on daily balances of $2,500 or more at these tiers: $2,500-$24,999: .10% Annual Percentage Yield (APY), $25,000 and up: .75% APY. There is no interest paid on balances of $0-$2,499. APYs disclosed effective as of September 9, 2016. APYs may be changed at any time at the Bank’s discretion. There is a minimum of $2,500 required to open the Apple Bank BONUS Savings account. $2,500 minimum daily balance is required to avoid $10 monthly maintenance fee. Fees may reduce earnings. Funds used to open this account cannot be from an existing Apple Bank account. Maximum deposit amount is $3,000,000 per household. **Special bonus feature: A .25% simple interest rate bonus will be paid on each anniversary date of account opening on the lowest balance for that year (anniversary date to anniversary date). No bonus is paid if the account balance is less than $2,500 on the anniversary date. Additional deposits during a given anniversary period do not affect the bonus interest payment. Deposits made to the account on any anniversary date will be used to calculate the lowest account balance for the next anniversary period. The bonus interest is calculated on the lowest balance on deposit from one anniversary date to the next anniversary date. Simple interest rate bonus is subject to change at any time after first anniversary date of account opening. Hypothetical example of how bonus works: Assume an account is opened on January 12, 2016 for $50,000. A $10,000 withdrawal is made on July 12, 2016. No other withdrawals are made prior to the January 12, 2017 anniversary date. The low balance is now $40,000, so $100 in bonus interest will be paid on January 12, 2017.
QC10062016
To see the actual publication please follow the link above