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Does Worker Negligence Affect a Scaffold Injury Claim in NY?

Injury Claim

One of the most common causes of injury on a construction site is a fall from a height. That may involve working on roofs, sidewalk bridges, scaffolds or ladders. Because of concerns about the risk of injury to workers on high rise construction projects, the New York legislature enacted Labor Law 240 (the Scaffold Law), which requires an owner or general contractor to “furnish or erect…scaffolding, hoists. stays…and other devices” to provide protection to workers employed in “erection, demolition, repairing, altering, painting, cleaning or pointing a building or structure.”

The courts have historically interpreted the Scaffold Law to impose “absolute liability” on owners and general contractors. In layman’s terms, that means that, when you have been injured in a scaffold accident, you don’t have to show that the owner or general contractor was negligent. You only have to show that the requirements of the law were not met and that you suffered injury as a result.

What If Your Actions Contributed to Your Injury?

In New York, the negligence of the injured party can have a potential impact on whether there can be a financial recovery and how much it can be. Under what is referred to as “comparative negligence,” the courts will allocate responsibility for an injury. To the extent that the plaintiff (the injured party) contributes to his or her losses, the damage award will be reduced.

General principles of comparative negligence do not apply to actions under Labor Law 240.

Contact Experienced New York Personal Injury Attorney Jacob Oresky

If you have suffered an injury in a fall from a ladder, or have been hurt in any type of accident involving scaffolding at a construction site, call us for a free case evaluation, contact us online at 718-993-9999. Our phones are answered 24 hours a day, seven days a week. We represent personal injury victims throughout the New York City metropolitan area, including Queens, Brooklyn and the Bronx.

We handle all ladder and scaffolding personal injury claims on a contingency basis. You won’t incur any attorney fees unless we get you compensation for your losses. We have recovered over $250 Million for accidents victims and have achieved excellent results for construction accidents victims. Call us today and find out how we can help you!

Make the right call, 718-993-9999, and speak with an experienced accident lawyer or contact our office online to schedule a free consultation.

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