Have you been injured or had a loved one die in a scaffolding accident on the job? If so, you may be entitled to compensation. Time is of the essence for filing these cases and being able to recover from your injuries. Contact one of our scaffolding accident attorneys today!
Workers’ compensation is the primary recovery system after any workplace accident. However, New York state law differs because it applies strict liability to employers, contract awardees, and property owners for nearly all gravity-related accidents. Under New York Labor Law, injuries caused by falling objects during construction are covered by “The Scaffold Laws”, which holds property owners, tenants, and contractors legally responsible. The statute also covers workers who fall from heights.
New York Labor Laws 240 and 241 (also called the Scaffold Law) further protect workers injured on scaffolds, bridges, ladders, hoists, and other elevation-related equipment on construction sites.
Legal cases in New York have established that any contact due to falling objects is considered a “fall-related accident.” Therefore, the Scaffold Law provides a unique right of recovery for construction workers via an absolute liability against contractors, tenants, and property owners. Lawyers are relieved of the burden of proving liability and must only present evidence of damages. The most significant legal obstacle is ascertaining whether the statute covers the construction injury.
Apartment and commercial buildings, including three or more family homes, fall under this particular New York labor law. The injury must be due to work on a structure for the statute to apply. However, the laws have been interpreted to include boats, bridges, water towers, subway tunnels, and rail cars.
Construction workers may make an initial determination regarding the applicability of the Scaffold Law by analyzing whether the injury on the job involved the force of gravity. The statute was designed to protect workers from falls and falling objects.
If you’ve been injured on or near scaffolding in any way, you have rights under the law, and our attorneys will fight to ensure you get the justice and maximum compensation you deserve.
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