NY Labor Law 240, also called New York’s Scaffold Law, states that certain parties have a responsibility to protect construction workers from falls and falling object accidents. If a worker is injured in such an accident, these parties are liable for the resulting damages.
A NYC construction accident lawyer from our firm can fight for your rights under this law and any other that applies to your personal injury case.
What the Scaffold Law Says
NY Labor Law 240 says that workers operating at heights must be given “proper protection.” This does not necessarily have to be a scaffold. The protection you are given should be based on the type of work you are doing and the potential hazards you might face while doing it. Protective measures could include:
- Scaffolding
- Ladders
- Ropes
- Pulleys
- Safety harnesses
- Safety nets
All of this equipment must be in good condition, installed or erected properly, regularly maintained, and appropriate for the task at hand. For example:
- Scaffold Law also states that all scaffolds must be able to “bear four times the maximum weight required.”
- Equipment like ropes and safety harnesses cannot protect workers if they are worn out or frayed, or if workers are not trained in how to use them.
- Ladders and scaffolds must be set up correctly. Otherwise, they could collapse and cause injuries.
How the Scaffold Law Could Apply to Your Case
If you fell at work, or if a falling object hit you, then whatever third party is responsible for your safety is automatically liable for your injuries. Unlike in other personal injury cases, where you have to prove that the other party was in some way negligent, the very fact that you were injured can serve as evidence that Labor Law 240 was not followed.
Our legal team can apply Labor Law 240 to your case by:
- Using documentation and testimony to prove that the party was operating on the worksite and that they were responsible for your safety
- Reviewing medical records and doctors’ statements to establish the severity of your injuries, which would help determine how much money you can receive from the at-fault party
- Negotiating with the liable party’s insurance company until they agree to pay a fair settlement for your injuries
If the liable party tries to deny liability—for example, they may say that another party was responsible for worker safety or even blame the worker for their injuries—we can use evidence like the following to strengthen your case:
- Witness statements from other workers who saw the accident or who can speak to conditions at the site
- Prior complaints or legal actions filed against the at-fault party, which can establish a pattern of negligence
- An examination of any equipment you were using at the time—for example, we can check to see if the scaffold was in good condition and capable of withstanding the weight and pressure put on it
Can You File a Workers’ Compensation Claim and a Personal Injury Claim?
Yes, you have the right to file for both workers’ compensation benefits and personal injury damages after a workplace accident. Here is how that process might work:
- Most, if not all, construction workers are entitled to workers’ compensation benefits for work-related injuries.
- Report the accident to your employer as soon as possible to protect your right to workers’ comp.
- Once you file the correct form and your claim is processed, you could receive benefits like medical care and partial reimbursement of lost wages.
- At the same time as you file for workers’ comp benefits, you could also be filing a personal injury claim under Labor Law 240.
- Our team can send a demand letter to the liable party’s insurance company. This letter explains how the at-fault party caused the accident and how much money you want them to pay.
You might run into roadblocks with both types of claims. For example, your employer might argue that your injuries are not work-related, which means that workers’ compensation does not have to cover them. Similarly, the at-fault party might try to evade responsibility and pin the blame for your accident on someone else.
These obstacles do not have to mean the end of your claim(s). Our law firm knows what kinds of challenges to expect in Scaffold Law cases and how to overcome them.
What to Do After a Fall Accident
Falls and falling object accidents are among the most common causes of construction accidents in New York City. If everyone on a construction site obeyed Scaffold Law, these types of accidents could be greatly reduced.
Unfortunately, too many site owners, contractors, and other parties still believe it is okay to cut corners, even when that puts workers at risk. Stand up for your rights under Labor Law 240 and other statutes by:
- Getting medical care right away and following through on all of your doctor’s recommendations
- Filing all necessary reports and paperwork as soon as possible
- Gathering any evidence you can from the scene, including photos of where you were working and any equipment involved in the accident
- Noting the presence of any witnesses who might be able to confirm your story
- Hiring our personal injury attorneys to advocate for you
Whenever you have questions or concerns about your rights, we can be there to answer them.
Learn More About Your Rights Under Scaffold Law
As one of the most successful Hispanic-owned law firms in the history of New York, Aviles Law Firm PLLC understands the ins and outs of NY Labor Law 240 and how to apply them in cases like yours. Call now for a free consultation. We want to start protecting your rights as soon as possible.
