Legal Question in Personal Injury in New York
This question was previously submitted but no pass code was sent to read the answer.
Is a person performing Court Mandated "Community Service " pursuant to PL. section 65.10(1)(2)(h) a volunteer under the legal definition of volunteer or a person suffered within the legal definition of Labor Law section 240(1) when they are injured while performing the "Community Service"?
3 Answers from Attorneys
What is the extent of that person's injuries? What kind of damages are we talking about? Are we talking about significant permanent injuries? Surgery? Hospital?
Please advise.
I previously responded that this is an interesting issue. But even if not covered by the labor law, the City might still be liable on common law grounds. I am a former federal and State prosecutor and now do personal injury and lots of labor cases. Feel free to check out my web site and contact me.
More Information Needed to assess the possibility of a viable cause of action pursuant to the Labor Law. What work were you doing when you fell? Were there any non-governmental contractors or general contractors or on-site construction managers on the job. Pure volunteers are generally not considered workers under the Labor Law. However, you were working pursuant to a court order, that may well change things.
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Jason A. Richman