Does New York’s Scaffold Law Apply to My Accident?
New York Labor Law § 240(1) also known as the “scaffold law” requires certain property owners and contractors to provide safety equipment for all workers engaged in construction-related work at elevated heights. If the property owner or contractor fails to comply with the law, an injured worker involved in a fall from a scaffold, ladder, or other elevated work area such as a platform or roof, can file suit and hold the owner and contractor 100% responsible regardless of the workers’ own comparative fault. This is an absolute liability law, which means that the workers’ comparative fault will not be considered by the court. This section of the law also applies to protect workers that are struck by falling objects which should have been secured at the worksite.
Many Injured Construction Workers Can Pursue Litigation in New York City
To comply with Labor Law § 240(1), specified contractors and property owners must ensure workers have the proper:
- Fall Protection
- Other Protective Equipment
Labor Law § 240(1) covers most types of construction work or building repair work. This includes:
Recoverable Damages in a Case Based on New York Labor Law § 240(1)
If you file a lawsuit and hold a property owner or contractor financially responsible for your on-the-job injury, you may be eligible to collect a wide range of damages. These depend on the nature and severity of your injuries, and other expenses and losses related to the accident.
We can help you understand the value of your case by explaining the different types of damages which are considered by a judge and jury if your case proceeds to trial. The most common types of damages our clients recover in this type of case includes:
- Money Damages for Past Pain and Suffering Caused by injuries
- Money Damages for Future Pain and Suffering Caused by injuries
- Lost Wages
- Lost Union Benefits
- Diminished work capacity
- Out-of-pocket costs related to the accident
- Loss of Services
- Other losses
Filing a Lawsuit and Collecting Compensation for Your Damages
Under New York Labor Law § 240(1), you may be eligible to try to negotiate a settlement or file a lawsuit to collect damages above and beyond your workers’ compensation benefits after a construction accident in New York City. We can help you understand your rights and protect them, as well as guide you through this complicated process.
If you have a viable claim against the property owner or a contractor, we will look into your accident and the resulting injuries. We will conduct a complete investigation and collect documentation to prove your case, adding up the losses and expenses you experienced.
Talk to a New York City Construction Accident Lawyer About Your Lawsuit
If you suffered injuries while doing construction-related work on a New York City job site, the construction site accident attorneys from Oresky & Associates, pllc will review your case and explain to you your rights under the law.
We can handle your case and meet you at the hospital, at home, or in our local office. We accept cases from clients in Manhattan, the Bronx, Queens, Brooklyn, and Staten Island, as well as in Nassau, Suffolk, and Westchester counties.