Accidents Involving Falls From Ladders Scaffolds
Workplace Injury Lawyers Helping Residents of the Bronx, Queens, and NYC Metro Area
All too often, construction workers, painters, carpenters, and related tradesmen in New York City and the surrounding counties are hurt or even killed in accidents caused by a lack of proper safety on the job site. Fortunately, legal remedies may be available to workers and their loved ones. If you have been injured in a fall accident involving a ladder, scaffold, or lack of other proper safety equipment, you should discuss what happened to you with a Queens or Bronx construction accident attorney at our firm. In New York, Workers’ Compensation benefits do not fully compensate a worker for all of the physical, emotional and financial harm that they suffered. However in addition to Workers’ Compensation, an injured worker may also be entitled to start a separate law suit for money damages. So if you have been involved in an accident call us for a free consultation. We can analyze the facts of your accident to determine whether you may be entitled to commence a separate law suit in addition to any claim that you have for Workers’ Compensation.
Understand Your Rights Following an Accident
Under the New York Labor Law, workers are provided with strong protections for work involving elevated heights, such as work on ladders, scaffolds, and other elevated work platforms. Under Labor Law Section 240(1), also known as the “Scaffold Law,” certain owners and contractors are required to make sure that a worker, working at an elevated height, receives proper fall protection equipment such as safe and secure ladders, scaffolds, harnesses, and systems designed to prevent a worker from falling. Too often workers are involved in accidents when a ladder “kicks out,” a scaffold collapses, or proper tie off points are not provided for a worker to hook his lanyard to. If a safety device fails and a worker falls there is a presumption that proper protection was not provided. Construction work is dangerous and workers involved in falls from heights can suffer fractures, traumatic brain injury, and require multiple surgeries.
The law requires that property owners and general contractors (with certain exceptions) provide construction workers with “scaffolding, hoists, stays, ladders, slingers, hangers, blocks, pulleys, braces, irons, ropes, and other devices.” If certain safety equipment is not provided or is faulty, the property owner and contractor may both be liable. Under Section 240, the injured worker’s comparative fault cannot be used against them when the statute is violated.
If a defendant is liable under the New York Labor Law provisions, the injured worker may be entitled to accident-related damages, such as medical expenses, pain and suffering, lost wages, rehabilitation costs, lost union benefits, and other damages, possibly including the loss of services of a spouse. Of course, the exact amount of damages that an injured worker will be entitled to receive will vary depending on the specific nature and extent of the harm suffered.
Get Help from a Knowledgeable Attorney in Queens, the Bronx, New York City
If you are a worker who has been injured in an accident involving a ladder, scaffold in an elevated work site, it is vital to consult a workplace injury lawyer as soon as possible. At Oresky & Associates, PLLC, we are detail-oriented and vigorous advocates who can fight for your rights at every step of the way. We know that dealing with any type of accident on the job can be difficult, and we are committed to treating you in the way that we would want to be treated in a similar situation. Members of our staff are bilingual Spanish, and can speak with you in Spanish if you prefer, and you should be aware that your immigration status has no impact on whether you are entitled to compensation. Our lawyers represent people in Manhattan, the Bronx, Queens, Brooklyn, and Staten Island, as well as Nassau, Suffolk, and Westchester Counties. For more information about your legal rights and options, call us at (718) 993-9999 or contact us online for a free appointment. If you are unable to meet with us at our offices, we will come to you.