Legal Question in Personal Injury in New York

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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"?


Asked on 7/08/10, 11:20 am

3 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

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.

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Answered on 7/08/10, 2:44 pm

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.

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Answered on 7/08/10, 2:44 pm
Jason A. Richman Jason A. Richman, Esq.

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.

Call or write if you would like to answer these questions or pose some of your own.

Jason A. Richman

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Answered on 7/09/10, 1:40 pm


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