Falls from Scaffolds and Ladders in New York
Your Rights in Construction Accidents Involving Falls from Heights
Falls from scaffolds and ladders in New York happen more frequently in cities where skyscrapers and other tall buildings span the skylines. This is the case in New York City and other large cities throughout the state. The construction work being done at such heights is extremely dangerous, whether during excavation, erection or demolition. Despite the efforts to keep safety measures in place, numerous accidents occur. Statistics show that thousands of construction workers across the nation die every year and millions suffer from serious injury.
How Prevalent Are Falls from Scaffolds and Ladders?
According to OSHA (Occupation Safety and Health Administration), the greatest cause of construction worker deaths has been and continues to be falls. Being struck by an objectis the second major cause of deaths in the construction industry.
When an object falls from a significant height and strikes someone below, it can inflict serious injury or even kill the person. Likewise, the impact of falling from great heights can result in severe damage that is often permanent. Or the fall can be something no one can survive.
What Laws Protect Construction Workers Injured During Falls?
New York has unique laws regarding ladders, scaffolds and gravity-related construction site injuries. In fact, no other state in the country has laws that are as stringent as New York’s. Under Labor Law 240 (called the Scaffold Law), general contractors and property owners are strictly liable if a worker falls from a height due to unsafe work conditions.
It is vital that New York construction workers understand the extent of legal protection available to them. Otherwise, they may not receive the medical care and compensation entitled by law.
Read more about the Scaffold Law.
How Does the Law Protect You?
Under workers compensation law, you cannot sue your direct employer for damages. However, through workers compensation you can receive a portion of lost wages (two-thirds) and coverage for past medical treatment. Even so, workers compensation does not compensate for all the wages lost, nor does it include future lost wages or future medical treatment due to permanent disability.
However, through the Scaffold Law and other New York laws, you may be able to sue a negligent third party. In this type of lawsuit you could receive compensation for the following:
- All lost wages
- Lost future wages
- Future medical treatment
- Pain and suffering
- Loss of service or companionship
Find Out How We Can Help
Discuss your accident with an experienced construction accidents lawyer. There is no cost for an initial consultation to find out whether you have legal grounds to pursue a case. You will pay no out-of-pocket expenses. And only if your attorney wins the case through verdict or settlement will you owe a fee. Even then, the fee is not something you directly pay for but is a portion of the compensation recovered.
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