Have you been seriously hurt in a construction fall involving a scaffold or ladder? Construction workers already face a dangerous occupation, but those who work at heights are particularly vulnerable.
At Goidel & Siegel, we are prepared to put our reputation and over 30 years of experience to work on your behalf. Contact our law firm for a free consultation with a NY scaffolding and ladder accident attorney to discuss your legal options.
Construction workers face one of the most dangerous jobs in New York. Falls, including falls from scaffolds, ladders, and roofs, are the leading cause of work-related deaths and injuries on New York construction sites.
In New York City, 29 out of 91 worker deaths in 2019 were in the construction industry. Trade workers alone accounted for 26 of the 29 fatalities. Falls were responsible for 23% of workplace deaths in the city.
Nationwide, more than 4,500 workers are hurt and 60 are killed in scaffolding accidents. One BLS study found that most workers are hurt when they slip and fall, are hit by a falling object, or the planking or support fails.
Although they are common, most construction falls are avoidable. Four of the top 10 OSHA violations are related to falls including scaffolding violations, ladder violations, fall protection violations, and inadequate fall protection training.
New York construction companies and contractors have a legal duty to protect workers and provide a safe work site. In many cases, injured construction workers are limited to workers’ compensation as their exclusive remedy after a work-related accident. However, you may be entitled to additional compensation through a third-party personal injury lawsuit if someone other than your employer was negligent and caused your accident. This may include:
New York Labor Law also imposes strict liability in construction accidents involving falls. Under New York Labor Law 240 (Scaffolding Law), owners and contractors can be held strictly liable for falls even if they were not negligent.
An experienced NY scaffolding and ladder accident attorney will carefully investigate your accident to determine if you have a case against negligent third parties.
After an accident involving a ladder, scaffolding, or roof, you may be entitled to many forms of compensation.
Workers’ compensation is the standard form of compensation injured construction workers can recover. New York workers’ compensation is a no-fault system that entitles you to benefits, but you are typically barred from suing your employer for your injuries.
Workers’ compensation benefits include:
Unfortunately, workers’ compensation is limited and will not provide the full compensation you deserve. Wage replacement benefits are capped, and you cannot recover for pain and suffering and other losses.
If you have a third-party claim, you can recover additional compensation through a personal injury lawsuit. This includes:
Pursuing these additional damages after a workplace accident usually requires pursuing a negligent third party other than your employer. However, scaffolding and ladder accidents are unique.
New York Labor Law Section 240 is a unique law that provides additional protection to construction workers who must work at a height. This law requires employers to take reasonable steps to protect workers from falls and falling objects. It also holds them strictly liable for falls and falling objects with few exceptions.
Even if you do not have a claim against a negligent third party, you may be entitled to compensation outside of workers’ compensation under Labor Law 240.
To qualify, you must have been performing construction work such as:
Maintenance, manufacturing, and decorative work activities are not covered.
Our client fell from scaffolding and sheet metal landed on his knee, causing a nondisplaced fracture, torn meniscus and torn anterior cruciate ligament (ACL), which ultimately required total knee replacement. He also developed a post-operative infection that required further hospitalization. On appeal, the plaintiff was granted summary judgment on liability pursuant to Labor Law §240(1)
Check out other settlements on our Case Results page.
After your construction fall accident, you deserve full compensation to help you receive the medical care you need and avoid financial hardship. At Goidel & Siegel, we are committed to helping you pursue everything you are entitled to under workers’ compensation, Labor Law 240, and potential third-party claims.
Contact our law office today for a free consultation with a New York scaffolding and ladder accident attorney. Our multilingual attorneys can meet with you anywhere you are comfortable.
56 W. 45th Street 3rd Floor New York, NY 10036
