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FOR BREAKING NEWS VISIT www.qns.com DECEMBER 31, 2015 • THE COURIER SUN 7 Is your New Year’s resolution to open a business? QEDC CAN HELP Attend our free New Idea to New Venture workshop designed for people like you. January 4 • 6-7 pm Queens Borough Hall, 120-55 Queens Blvd., Ste. 309 Kew Gardens, NY 11434 REGISTER TODAY WWW.QUEENSNY.ORG 718-263-0546 Advertorial Legally Speaking By: Scott Baron, Attorney at Law THE BUMPED LADDER 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 Great rates like ours are always in season. 24-Month CD 1.30%APY* $5,000 minimum deposit At Flushing Bank, we’re small enough to know you and large enough to provide you with the great rates you’re looking for. Hurry, an offer like this can’t last forever. For more information and to find out about our other great offers, visit your local Flushing Bank branch, call 800.581.2889 or visit www.FlushingBank.com. 60-Month CD 2..25%APY* $5,000 minimum deposit * New money only. APY effective December 14, 2015. Annual percentage yield assumes principal and interest remain on deposit for a full year at current rate. Minimum deposit balance of $5,000 is required. Funds cannot be transferred from an existing Flushing Bank account. Premature withdrawals may be subject to bank and IRS penalties. Rates and offer are subject to change without notice. Flushing Bank is a registered trademark


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