30 The Queens Courier • DECEMBER 31, 2015 FOR BREAKING NEWS VISIT www.qns.com Martin A. Funeral Home L.L.C. – Call for a FREE Planning Guide – • Our Services are available in all areas • Large Parking Facilities at all Locations • Personal Service, 24 Hours a Day • Burial and Cremation Services Available • Family Owned and Operated • FDIC Insured Pre-Plan Accounts • Pre-Arrangements Available • Out of Town Service, Call Us First • Shipping Specialists We Speak Spanish John A. Golden: Member of K. of C. and C*KHS; Thomas A. Golden III: Member AOH, KHS (Owner, Operators) 149-20 Northern Boulevard • Flushing • 718-359-6300 10-25 150th Street • Whitestone • 718-359-1122 36-46 Bell Boulevard • Bayside • 718-428-2210 Please Visit Our Website @ www.gleasonsfuneral.com Martin A. Gleason Funeral Home L.L.C.: The Preferred Choice Legally Speaking By: Scott Baron, Attorney at Law THE BUMPED LADDER Advertorial Q: At a building that was under construction, my employer was reinforcing the ceiling. As I stood on a ladder, it fell. My ladder had been placed on the newly-poured concrete floor. This floor was terribly uneven. Along came another employee and bumped into my ladder. A: Your attorney is likely to sue both under Labor Law § 240(1), for failure to provide adequate safety devices, and in common-law negligence. Likely defendants include the owner, the general contractor, the construction manager and anyone else who may have exercised general control over the work site. These entities had at least ‘constructive notice’ of the uneven floor condition that apparently was the cause of your fall – even if they did not actually know of it. In addition, the defendants had the ability to stop the ceiling work from proceeding until the defect in the floor had been remedied. Most likely, you are receiving workers’ compensation benefits. In that case, your employer cannot be sued. As a general rule, for one who is injured in the course of employment, the sole remedy against the employer lies in these benefits. Nor may you circumvent the workers’ compensation scheme by suing your employer in a different capacity: even if your employer was the owner of the premises, you may not sue it. Ordinarily, this workers’ compensation immunity extends even to a fellow employee. However, if the co-worker deliberately rammed into your ladder, then we are talking about an intentional tort. You can certainly sue him – if it is worth it. 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 © 2015 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 *SOME RESTRICTIONS APPLY. MAY NOT BE COMBINED WITH ANY OTHER OFFERS, PROMOTIONS, SPECIALS, UNION OR INSURANCE PLANS. COUPON MUST BE PRESENTED AT TIME OF SALE. EYESUPPLY WELCOMES BACK NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS. OVER 300 UNION & HEALTH PLANS ACCEPTED! ACCEPTING MOST INSURANCE PLANS. We Accept: Blue Cross Blue Shield, Blue View NYC Council of Carpenters & most Eyemed Insurance. WE ARE A GVS PROVIDER Please call us to see if we accept your insurance. exam not incl’d VARILUX Progressive Lenses (No-Line Bifocals) w/Metal Frames $16999 With coupon* Expires 1/31/16 DOCTOR IN: MON., WED., FRI., 10-5:30, TUES. & THURS. 11-7:30, SAT 10-4:30 39-25 BELL BLVD., BAYSIDE • 718.279.2020 www.eyesupplyofbayside.com NO-LINE BIFOCALS Progressive Lenses w/Metal Frames $9999 With coupon* Expires 1/31/16 2 PAIRS OF GLASSES $7999 With coupon* Expires 1/31/16 BUY 1 Pair of Glasses Get the 2nd Pair $100 OFF With coupon* Expires 1/31/16 OF BAYSIDE Savings! You Will Feel GREAT With Our
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