All too often construction workers suffer injuries in preventable falls from scaffolding and ladders
All too often construction workers suffer injuries in preventable falls from scaffolding and ladders. If these workers had the proper — and required — safety equipment, the fall may not have happened. While injured workers usually qualify for workers’ compensation, New York also has laws in place that may allow these workers and their families to hold certain owners and contractors responsible as well.
A scaffolding & ladder fall lawyer in New York City at Oresky & Associates, PLLC can help you understand if there are any legal remedies available to you beyond workers’ compensation. We might be able to help you collect additional compensation if you suffered injuries in an NYC fall that involved a ladder or scaffold, or that occurred because of a failure to provide proper safety equipment.
Call us today at 718-993-9999 for your free case evaluation.
Any time a worker suffers injuries on the clock in New York State, they are entitled to collect benefits under the state’s workers’ compensation law. This includes benefits to cover:
In the event of wrongful death, the surviving family would be entitled to receive benefits.
While Workers’ Compensation is intended to help injured workers, it does not cover a workers’ damages for pain and suffering as well as a family’s loss, such as the claims of a spouse. Construction workers have strong protections under New York Labor Law 240. This statute, also known as the Scaffold Law, provides potential additional legal remedies for workers who suffered falls from a height while on a construction site. This law also applies to workers struck by falling objects.
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When it comes to litigation, there is no time to waste. Once you call our office, we can start building your case in your fight for compensation. In three short steps, your legal journey can begin today.
Call our office, send us an email, or chat with us online to receive a free case evaluation.
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When a construction worker falls from a ladder or scaffolding, the injuries they suffer can be catastrophic. Broken bones that keep them from working for several months are almost a best-case scenario if the fall is more than a few feet. Other common outcomes include:
The serious nature of these injuries often means there is no way workers’ compensation will be able to cover all the expenses and losses associated with them. From out-of-pocket costs to pain and suffering, workers compensation will not prove sufficient. This is why New York Labor Law 240(1) allows construction workers to hold certain property owners and contractors liable for additional civil damages under certain circumstances.
If we can show the property owner and/ or contractor at the construction site failed to provide adequate safety equipment as required by law, we may be able to help you collect a wide range of damages not covered by workers’ compensation. This could include:
When we review your case, we can explain if we believe you have a strong case against the potential defendants. We will investigate your fall and try to uncover evidence that allows us to file an insurance claim or lawsuit against them.
Even if you feel that you are at fault for the accident, under New York Labor Law 240(1), your comparative fault will not be considered a defense to the owner or contractors involved.
Under New York Labor Law 240(1), workers who perform work on ladders, scaffolds, and other similar platforms must receive special protections designed to prevent falls. This includes requiring property owners and contractors to provide:
Our attorneys understand the complex state laws that protect construction workers and allow you to pursue legal remedies if you were not provided with proper fall protection equipment or if you were provided with poorly maintained ladders or scaffolding that caused your accident. If we believe you have a strong case against a property owner or contractor, we will be vigorous advocates fighting for the compensation you deserve.
Many of our staff members are bilingual and can discuss your case in English or Spanish, whichever makes you feel more comfortable. It is also important to note that your immigration status plays no role in getting workers’ compensation or pursuing civil remedies.
The construction injury team from Oresky & Associates, PLLC is standing by to evaluate your case and give you a free consultation. During your complimentary consultation, we can help you understand the legal remedies available to you and help guide you through the process of trying to hold a property owner or contractor liable for your injuries. We will fight to recover the compensation we believe you deserve. We represent injured workers in the Bronx, Queens, Brooklyn, and all of New York City.