DID THIS INCIDENT HAPPEN IN NEW YORK STATE?

DID THIS INCIDENT HAPPEN IN NEW YORK STATE? YES NO

You probably do not have a case under section 240 of the Labor Law. Generally, this law only applies to incidents that occur within New York State. However, there are exceptions to every rule. In addition, you may have a case under the law of the state in which this incident occurred. You should consult a lawyer knowledgeable and experienced in the field of personal injury law to determine whether you have a case under the law of the state where the incident occurred or whether you have any other type of claim. If you want additional information, or have specific questions, please contact us at:Info@Powers-Santola.com

DID THIS INCIDENT CAUSE INJURY OR DEATH? YES NO

You probably do not have a case under section 240 of the Labor Law. Generally, this law only applies to incidents that result in personal injury or death. You may have a claim for property damage or some other type of economic loss. You should consult a lawyer knowledgeable and experienced in the appropriate field of law to determine whether you have a case for Common Law negligence or any other type of claim. If you want additional information, or have specific questions, please contact us at:Info@Powers-Santola.com

DID THE INCIDENT CAUSE: INJURY ONLY INJURY AND DEATH

DID THE INCIDENT CAUSING THE INJURY OCCUR MORE THAN 3 YEARS AGO? YES NO

SINCE THE DATE OF THE INCIDENT HAVE YOU BEEN DISABLED DUE TO SIGNIFICANT BRAIN INJURY? YES NO

WERE YOU UNDER THE AGE OF 18 AT THE TIME OF THE INCIDENT? YES NO

ARE YOU CURRENTLY UNDER THE AGE OF 21? YES NO

You probably do not have a case for personal injury. The statute of limitations for bringing this type of case in New York State is three years. There are exceptions made for persons who are under the age of 18 when the incident occurs, but those individuals must commence a lawsuit within three years of their eighteenth birthday. There are other exceptions for individuals who lack mental capacity to bring a claim in a timely manner or in cases in which a potential defendant has died. If you have specific questions about whether your claim may qualify for these or another, less common, exception, or if you have any other type of claim you should consult a lawyer knowledgeable and experienced in the field of personal injury law. If you want additional information, or have specific questions, please contact us at: Info@Powers-Santola.com

DID THE DEATH OCCUR MORE THAN 2 YEARS AGO? NO YES

You probably do not have a case for wrongful death. In New York State, the statute of limitations for wrongful death claims is 2 years from the date of death. There are some exceptions to this rule. You should consult a lawyer who is knowledgeable and experienced in the field of personal injury law to determine whether you qualify for one or more of the exceptions. However, the statute of limitations for personal injury is usually longer than the statute of limitations for wrongful death. Please click below to determine if you may still have time to start an action for personal injuries. If you want additional information, or have specific questions, please contact us at: Info@Powers-Santola.com Click here to check time for personal injury claim

At the time of this incident were you engaged in erection, demolition, repairing, altering, painting, cleaning, or pointing activities? This includes activities that are a necessary part of the work involved on the project. Examples of covered activities include: window washing; installing cable TV lines; painting lines in a parking lot; building a road; installing a ski lift; fixing a broken silo; painting a bridge; pointing bricks; installing computer cable; erecting an outdoor stage at a rock concert; installing large industrial equipment; changing hydraulic fluid in a back-hoe at a building site; unloading sewer pipe from a truck on a pipeline project; and trimming trees on a project to rewire overhead power lines. In recent years, New York courts have held that certain types of cleaning activities are also covered under the statute, even where no construction activities are taking place YES NO

You probably do not have a case under section 240 of the Labor Law. Generally, this law only applies to incidents that result from activities relating to erection, demolition, repairing, altering, painting, cleaning, or pointing (as described in the previous question). You may have a claim for Common Law negligence. You should consult a lawyer knowledgeable and experienced in the appropriate field of law to determine whether you have a case for Common Law negligence or any other type of claim. If you want additional information, or have specific questions, please contact us at:Info@Powers-Santola.com

WAS YOUR INJURY EITHER CAUSED BY: • YOU FALLING FROM ONE LEVEL TO ANOTHER; • OR • 2. BY AN OBJECT OR PERSON FALLING ON YOU FROM ABOVE? YES NO

You probably do not have a case under section 240 of the labor law. Generally, this law only applies to injuries that result from “gravity-related” incidents. You may have a claim under Labor Law §241 (6) or for common law negligence. You should consult a lawyer knowledgeable and experienced in the appropriate field of law to determine whether you have a case under labor law §241 (6) , or for common law negligence or any other type of claim. If you want additional information, or have specific questions, please contact us at:Info@Powers-Santola.com

WERE YOU BEING PAID (OR OTHERWISE COMPENSATED) FOR WORK WHEN THE INCIDENT OCCURRED? NO YES

You probably do not have a case under section 240 of the labor law. Generally, this law only applies to incidents that result from “employment-related” incidents. You may have a claim for common law negligence. You should consult a lawyer knowledgeable and experienced in the appropriate field of law to determine whether you have a case for common law negligence or any other type of claim. If you want additional information, or have specific questions, please contact us at:Info@Powers-Santola.com

WHEN YOU WERE INJURED, DID YOUR INJURY RESULT FROM ANY WORK BEING DONE ON A BUILDING OR OTHER MAN-MADE STRUCTURE, OR AT A BUILDING SITE? Section 240 applies to work being performed on any building or structure. A structure is "any production or piece of work artificially built up or composed of parts joined together in some definite manner." Lewis-Moors v. Contel of N.Y., 78 N.Y.2d 942. Examples of what NY courts have held to be structures: airplanes, utility poles, bridges, boats, underground vaults, railroad cars, water towers, pipeline, industrial equipment, radio antennas, streetlights, satellite dish. YES NO

You probably do not have a case under section 240 of the Labor Law. Generally, this law only applies to incidents that result from incidents that relate to work being done on a building or other man-made structure or at a building site. However, section 240 applies to work being performed on any building or structure. A structure is "any production or piece of work artificially built up or composed of parts joined together in some definite manner." Lewis-Moors v. Contel of N.Y., 78 N.Y.2d 942. The following are some examples of what NY courts have held to be structures: airplanes, utility poles, bridges, boats, underground vaults, railroad cars, water towers, pipeline, industrial equipment, radio antennas, streetlights, and a satellite dish. You may have a claim for Common Law negligence. You should consult a lawyer knowledgeable and experienced in the appropriate field of law to determine whether your injury does relate to work being done on a building or structure or whether you have a case for Common Law negligence or any other type of claim. If you want additional information, or have specific questions, please contact us at:Info@Powers-Santola.com

WOULD YOU DESCRIBE THE WORK THAT YOU WERE PERFORMING AS "DOMESTIC (HOME) CLEANING"? YES NO

You probably do not have a case under section 240 of the Labor Law. Generally, this law does not only apply to injuries that result from incidents that relate to cleaning work being done in a private home. You may have a claim for Common Law negligence. You should consult a lawyer knowledgeable and experienced in the appropriate field of law to determine whether you have a case for Common Law negligence or any other type of claim. If you want additional information, or have specific questions, please contact us at:Info@Powers-Santola.com

WOULD YOU DESCRIBE THE WORK THAT YOU WERE PERFORMING AS "MANUFACTURING WORK"? YES NO

You probably do not have a case under section 240 of the Labor Law. Generally, this law does not apply to injuries that result from incidents that relate to manufacturing work. You may have a claim for Common Law negligence. You should consult a lawyer knowledgeable and experienced in the appropriate field of law to determine whether you have a case for Common Law negligence or any other type of claim. If you want additional information, or have specific questions, please contact us at:Info@Powers-Santola.com

WHEN YOU WERE INJURED, WERE YOU WORKING ON A ONE OR TWO FAMILY HOME? YES NO

WERE EITHER YOU OR YOUR EMPLOYER BEING PAID BY THE OWNER? YES NO

DID THE OWNER LIVE IN, OR INTEND TO LIVE IN, THE HOME? YES NO

DID THE OWNER TELL YOU OR YOUR EMPLOYER HOW TO PERFORM YOUR WORK? YES NO

You probably do not have a case under section 240 of the Labor Law. Generally, this law does not apply to claims against the owners of one or two-family residences who do not direct or control the work being done. You may have a claim for Common Law negligence. You should consult a lawyer knowledgeable and experienced in the appropriate field of law to determine whether you have a case for Common Law negligence or any other type of claim. If you want additional information, or have specific questions, please contact us at:Info@Powers-Santola.com

WERE EITHER YOUR EMPLOYER OR A CO-EMPLOYEE THE SOLE OWNER OF THE PROPERTY WHERE YOU WORKING WHEN YOU WERE INJURED? YES NO

You probably do not have a case under section 240 of the Labor Law. Generally, if either your employer or a co-employee is the sole owner of the property where the incident occurred your claim against the owner will be barred by provisions of the Worker’s Compensation Law. You may have a claim for Common Law negligence. You should consult a lawyer knowledgeable and experienced in the appropriate field of law to determine whether you have a case for Common Law negligence or any other type of claim. If you want additional information, or have specific questions, please contact us at:Info@Powers-Santola.com

WAS THE SOLE CAUSE OF YOUR INJURY YOUR WILLFUL REFUSAL TO USE A SAFETY DEVICE THAT WAS OFFERED TO YOU? YES NO

WAS THAT SAFETY DEVICE IMMEDIATELY AVAILABLE TO YOU AT THE SPECIFIC LOCATION WHERE YOU WERE INJURED (AS OPPOSED TO BEING GENERALLY AVAILABLE ON THE PROPERTY)? YES NO

You probably do not have a case under section 240 of the Labor Law. Generally, if the sole cause of your injury was your willful failure to use a safety device that wasoffered to you and was immediately available to you at the specific location where you were injured (as opposed to being generally available on the property), then you are the person who is solely responsible for your own injury. You may have a claim for Common Law negligence. You should consult a lawyer knowledgeable and experienced in the appropriate field of law to determine whether you have a case for Common Law negligence or any other type of claim. If you want additional information, or have specific questions, please contact us at:Info@Powers-Santola.com

YOU PROBABLY ARE ENITLED TO RECOVER MONEY DAMAGES UNDER NEW YORK’S “SAFE PLACE TO WORK” LAW. IF YOU WISH TO PURSUE THIS CLAIM, YOU SHOULD IMMEDIATELY CONSULT A LAWYER KNOWLEDGEABLE AND EXPERIENCED IN PROSECUTING CLAIMS UNDER SECTION 240 OF THE NEW YORK STATE LABOR LAW. If you want additional information, wish to pursue your claim, or have specific questions, please contact us at: Info@Powers-Santola.com

DID THE INCIDENT CAUSING THE INJURY OCCUR MORE THAN 3 YEARS AGO? NO YES

HAD THE PERSON WHO DIED BEEN DISABLED DUE TO SIGNIFICANT BRAIN INJURY DURING THE TIME BETWEEN THE INCIDENT AND THAT PERSON’S DEATH? YES NO

WAS THE PERSON WHO DIED UNDER THE AGE OF 18 AT THE TIME OF THE INCIDENT? YES NO

IF THE PERSON WHO WAS INJURED HAD NOT DIED, WOULD HE OR SHE CURRENTLY BE UNDER THE AGE OF 21? YES NO

You probably do not have a case for personal injury. The statute of limitations for bringing this type of case in New York State is three years. There are exceptions made for persons who are under the age of 18 when the incident occurs, but those individuals must commence a lawsuit within three years of their eighteenth birthday. There are other exceptions for individuals who lack mental capacity to bring a claim in a timely manner. The time to start a lawsuit may also be extended by 18 months if a potential defendant dies or by up to a year when the injured person dies before the three year statute expires or before they reach their 21st birthday. If you have specific questions about whether your claim may qualify for these or another, less common, exception, or to determine whether you may have any other type of claim, you should consult a lawyer knowledgeable and experienced in the field of personal injury law. If you want additional information, or have specific questions, please contact us at: Info@Powers-Santola.com

DID THIS INCIDENT HAPPEN IN NEW YORK STATE?