A "special" employee of a subcontractor may not claim liability against that company but may proceed under New York Labor Law against the main contractor and owner of the construction site.
In O & # 39; Donovan v New York and Presbyterian Hospital New York County Supreme Court on Friday, held that the worker did not show that he was not employed by the subcontractor and that his claim was not the subject of it. the exclusive measure in the New York Workers' Compensation Act.
Jeremiah O & # 39; Donovan, a steamfitter union employee of M&L Mechanical Inc. in Smithtown, New York, was loaned by his employer to Shadow Transport Inc. to perform work in New York and Presbyterian Hospital ̵
In November 2016, he worked as a specialist at Shadow, which had been hired by Trystate Mechanical Inc. to remove and discard cooling towers at the top of the hospital. Trystate had been employed by the hospital as the main contractor in the project.
While workers from Shadow lifted a pipe on a flatbed truck, the pipe came loose and hit Mr. O & # 39; Donovan and caused injuries to his head, back and left leg, according to court documents.
He filed a lawsuit against the hospital, Trystate and Shadow, and the companies moved to dismiss his claim.
Shadow claimed that it was undeniable that Mr. O & # 39; Donovan was a special employee of the company at the time of the accident, and that as a result he was equivalent to a general employee for limited liability in accordance with the Workers' Compensation Act. The court approved and rejected the claim.
The court also dismissed O & # 39; Donova & # 39; s usual claims for negligence against the hospital and Trystate, but ruled that he could continue his claim against them under New York Labor Law, which requires construction. contractors to take reasonable measures to protect workers from falls and injuries. Catalog