Lawsuit for Work Related Injury While Burning Steel
In Brady v. City of New York (52 AD3d 331, 859 NYS2d 193 [1st Dept 2008]), the plaintiff, who was wearing goggles, was engaged in burning steel when a piece of hot metal slag flew out and injured his ear.
The plaintiff filed a Labor Law 241 (6) cause of action based on Industrial Code 23-1.25 (d) which requires that all persons engaged in flame cutting must "be provided with approved eye protection suitable for the work involved and appropriate protective apparel."
The plaintiff argued that in addition to the goggles, he should have been provided with a face shield which would have prevented his ear injury.
The First Department upheld the 241 (6) cause of action.
The First Department continued:
"Virtually all the testimony and affidavits show that a face shield does protect a worker's ears and is sometimes provided to workers engaged in welding and burning steel; in addition, on this record, it certainly cannot be said as a matter of law that a face shield is not a form of approved eye protection considered suitable for the type of work plaintiff was performing."