New York Scaffold Accident Lawyer
Scaffolding is an integral part of many construction projects in New York City, from the supertall towers going up along Central Park to the historic brownstones being restored in Williamsburg. But when scaffolds aren’t set up or used properly, they can lead to accidents that result in serious injuries, expensive medical bills, and time off work. If you’ve been hurt in a fall on the job, you could be entitled to compensation to offset these expenses. A New York City scaffold accident lawyer from The Perecman Firm, P.L.L.C., can help you demand it.
For more than 40 years, our firm has fought for injured workers throughout New York City and the state of New York. We have successfully recovered hundreds of millions of dollars on our client’s behalf and have helped make New York labor laws friendlier to injured workers. Our lawyers have been recognized by some of the most prestigious organizations in the field, including Super Lawyers®, The Best Lawyers in America®, and the Multi-Million Dollar Advocates Forum®. Few firms can match our record of results.
When you have suffered injuries due to a scaffolding-related workplace accident, reach out to an NYC scaffold accident lawyer from The Perecman Firm, P.L.L.C., for a free initial consultation. A knowledgeable member of our legal team can help you better understand your legal options for recovering the compensation you need and deserve.
Why Choose Our NYC Scaffold Accident Lawyers to Take on Your Case?
If you have been injured in a workplace accident in New York City, you may feel overwhelmed trying to choose an attorney or law firm to help you get the compensation you’re owed. You deserve legal counsel with the experience to handle your scaffolding accident claim no matter what challenges arise. You deserve to be taken care of by our compassionate and hard-working attorneys. Clients choose us for their cases because of:
- Our proven track record of recovering more than half a billion dollars over the last four decades in compensation for our clients
- Our legal team’s more than 40 years of experience in injury cases, which includes advocating for clients in New York’s landmark cases that have changed the law and increased the rights of accident victims
- Our seasoned litigators, who are supported by substantial resources and a team of experts who are highly respected in their various fields
- The deep respect we have within the legal community is reflected by the fact that many attorneys choose to work with us on some of their most complex injury cases
- Our firm’s full-service approach to handling cases, allows our clients to focus on their recovery without the pressure of trying to build and pursue a legal claim
New York Labor Law & Scaffolding Accidents
New York is the only state in the nation with a law that provides absolute liability against site owners and contractors for workers injured in gravity-related accidents, including falls from scaffolds and ladders and those involving falling objects. New York Labor Law § 240, also known as the NY Scaffold Law, applies to scaffolds, hoists, ladders, and other safety equipment used for elevation-related work.
Labor Law 240 is significant because it defines workers’ safety rights which include:
- Requires owners, contractors, and their agents on construction sites to take measures to provide proper protection to workers who work from heights and with gravity-related risks.
- Assigns strict liability for damages arising from scaffold accidents to owners and contractors.
- Requires owners and contractors to ensure that scaffolds remain upright and do not collapse, that they have the proper safeguards such as guardrails, and that the workers use appropriate PPE, such as harnesses and lifelines where necessary.
New York’s Scaffold Law also has specific requirements for scaffolds more than 20 feet above the ground, including:
- Safety rails at least 34 inches above the floor for scaffolds more than 20 feet above the ground.
- Proper fastening of the scaffolding to prevent it from swaying
Learn more about the history of New York’s Scaffold Law.
In addition to New York’s scaffold law, employers, property owners, and others on worksites where scaffolding is used are required to comply with many other scaffolding regulations. These include:
- OSHA regulations, including those that apply to work performed from heights, safety equipment, and the proper use of machinery.
- New York Labor Law § 200, requires contractors and owners to provide a safe working environment for workers. Owners and contractors have a general duty to ensure all equipment, machinery, and devices are properly placed, guarded, operated, and lighted safely.
- New York Labor Law § 241(6), specifically applies to construction, demolition, and excavation. Under Labor Law 241(6), owners and contractors must take reasonable measures to provide appropriate safety equipment for their workers. Under this section, liability is based on violations of specific New York State Industrial Code Regulations.
Who Can Be Held Responsible for a Scaffold Accident?
Many different parties may be legally liable for a given scaffolding accident, depending on the circumstances. They can include:
- The manufacturer of the scaffolding materials
- The subcontractor who constructed the scaffolding
- The primary or general contractor responsible for enforcing safety standards on the construction site
- Construction workers for the general contractor or subcontractor, if they negligently misused or abused scaffolding
- The owner of the construction site, if dangerous or defective conditions on the property led to the scaffold accident
Demanding Full Compensation for Scaffold Accident Injuries
If you were injured in a scaffolding accident in the course of your work, you could be entitled to file a workers’ compensation claim regardless of who was at fault for the accident.
The benefits available from workers’ comp in New York include:
- Payment for all reasonable and necessary medical treatment and rehabilitation authorized by your provider
- Temporary disability benefits that partially replace lost or reduced wages during your recovery period
- Permanent disability benefits that provide financial payments depending on the type and severity of the disability you have sustained
- Disfigurement awards
- Vocational rehabilitation to retrain and place you in another job that you can do within the limitations imposed by your permanent disabilities
At The Perecman Firm, P.L.L.C., we leave no stone unturned as we pursue full compensation for the losses that our clients have suffered. Depending on the circumstances of the scaffolding accident that injured you, you could be entitled to file a personal injury claim, which can compensate you for:
- Medical and rehabilitation expenses
- Lost wages or income from missed time at work while recovering from injuries
- Loss of future earning ability if you suffer permanent disabilities that prevent you from going back to your old job or another form of work
- Physical pain and anguish
- Emotional trauma and distress
- Reduced enjoyment and quality of life
It is important to note that you will need to show that another party’s actions proximately led to your injuries in order to secure compensation through a personal injury claim. Workers’ compensation benefits, on the other hand, are “no-fault” and are available to workers who have suffered an accident on the job regardless of who caused the accident.
Common Causes of Scaffold Accidents on Construction Sites
Some of the most frequent causes of scaffold accidents on NYC construction sites include:
- Design or manufacturing defects in the scaffolding materials
- Negligent or improper construction of scaffolding
- Inadequate maintenance of scaffolding and failure to replace worn or broken scaffolding materials
- Inadequate or worn planking
- Inadequate safety training
- Lack of fall protection and safety equipment, such as railings, harnesses, or catch nets
- Disregard of OSHA and other safety standards
- Requiring construction workers to work in hazardous weather conditions, such as wind, snow, or ice
- Failure to secure objects or materials left on scaffolding
Tips for Protecting Your Legal Rights after a Scaffold Accident
After being hurt in a scaffold accident in NYC, you should remember to take the following steps. They can help protect your legal rights to pursue compensation.
- Report the accident and your injuries to your employer as soon as possible.
- Take photos or videos of the accident scene, including any broken or defective scaffolding, hazardous conditions of the property, safety equipment, and visible injuries you sustained.
- Seek medical attention as soon as possible so that a physician diagnoses and documents any injuries you suffered in the accident.
- Follow your medical providers’ instructions and recommendations. If you put off getting treatment, your employer may order you to return to work.
- Keep copies of records relevant to your claims for compensation, including medical records, pay stubs or income statements, and any other relevant bills and invoices.
- Consider keeping a journal to document your recovery from your injuries, including the pain and difficulties that your injuries cause you.
Finally, make time to speak with a New York City scaffold accident attorney from The Perecman Firm, P.L.L.C. to discuss your legal options for pursuing financial compensation.
How Long Do You Have to File a Scaffold Accident?
If you’re seeking compensation through a personal injury claim, the statute of limitations in New York normally gives you three years from the date of the accident to file a lawsuit against the party whose negligence caused the accident. In very limited circumstances, the limitations period may be extended. But if you don’t file a lawsuit until after the statute of limitations has expired on your claim, your case can be dismissed by the trial court, causing you to lose your chance at recovering compensation.
If you were injured in a scaffolding accident on the job, you might also be entitled to file a workers’ compensation claim with your employer. New York workers’ compensation law requires you to notify your employer of your injury within 30 days of a work-related accident. If you file a formal claim with the state to pursue benefits from your employer, it must be filed within two years of the date of the accident. A late filing may result in you being deemed ineligible for workers’ compensation benefits.
Common Scaffolding Injuries
Scaffolding accidents can take many forms, including falls from scaffolds, scaffolding collapses, and falling objects. These accidents can lead to catastrophic injuries, including:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Neck and back injuries
- Nerve damage
- Herniated discs
- Crush injuries
- Internal organ damage and internal bleeding
- Head and facial injuries
- Broken bones
- Permanent scarring
Proven Results: Millions Recovered for Scaffold Accident Victims
The Perecman Firm, P.L.L.C., has recovered numerous multimillion-dollar verdicts and settlements for injured construction workers – including many workers who suffered injuries in falls from heights involving ladders and scaffolds.
Examples of our scaffold accident case results:
- $11.89 million verdict for a union worker who suffered a career-ending back injury after falling from a suspension scaffold
- $10 million settlement for a laborer seriously injured in a seven-story fall when ropes supporting his suspension scaffold broke
- $9.9 million settlement for a union laborer injured after falling from a rolling scaffold
- $9.8 million verdict for two painters seriously injured in a scaffolding collapse
- $3.6 million settlement for a drywall worker who fell from a scaffold
- $3 million settlement for a laborer injured when he fell from a baker scaffold
- $2.87 million jury verdict for a mason worker who fell from a scaffold
- $2.7 million verdict for a construction worker who fell from a suspension scaffold
Contact a Knowledgable NYC Scaffold Injury Lawyer
You deserve experienced legal representation that will give you the best chance at recovering full compensation for your injuries and losses. Contact The Perecman Firm, P.L.L.C., today for a free, no-obligation case evaluation to learn how an NYC scaffold accident attorney from our legal team can help you get the money you need.