Experienced Injury Lawyer for Victims in the New York City Area
Falls are a leading cause of construction site accidents, and unfortunately they often result in devastating harm. If you or a loved one has suffered from a ladder or scaffold fall in New York City or beyond, personal injury attorney Nicholas Rose can guide you through the process of seeking compensation. Accident victims can benefit from Mr. Rose’s compassionate attention and his decade of experience. He understands the high stakes involved when someone is hurt and unable to support his or her family.
Protect Your Right to Compensation Following a Fall from a Ladder or Scaffold
New York law provides for compensation to workers injured by a fall from a ladder or a scaffold. Scaffolds are temporary structures that elevate construction workers and materials. Often, they are used to allow workers to walk around a structure at a job site. Severe scaffolding-related injuries may include falls from ladders as well as falls from the scaffold itself.
In certain situations, as an employee injured on a construction site, workers’ compensation laws may affect your compensation options. If your employer is responsible for protecting against falls, you may be able to recover these benefits. Other parties that may have contributed to a construction site accident, including the property owner or safety equipment manufacturer, may also be liable for your injuries.
To succeed in a personal injury lawsuit after a fall from a scaffold, a worker would need to prove that the defendant had a duty to provide for his or her safety, the defendant breached that duty, and the breach caused the worker harm. Generally, the party that maintains and provides the scaffolding has a duty to exercise reasonable care in maintaining the scaffolding and ensuring the safety of the workers there.
Breaching the duty of care in the case of a fall from a ladder or scaffold might involve a failure to provide for the safety of the worker. A breach may be shown by a violation of a safety regulation, for example. If a worker falls from a scaffold that was not properly secured, this may be an example of a breach of the duty of care. The Occupational Safety and Health Administration (OSHA) regulates scaffold safety. A scaffold should support at least four times the anticipated weight, and it must not be supported by loose objects such as loose bricks. A violation of an OSHA regulation is generally considered to be a breach of the duty of care.
Other parties that exercise control at a construction site also may have a duty to protect worker safety. If the owner of a building regularly oversees workers, that owner might also be liable for a fall from an unsafe scaffold. Perhaps the owner knew of a dangerous condition, such as a loose plank or missing handrail, and failed to warn of this condition. This type of case is termed a premises liability lawsuit, and it has generally similar elements to a negligence claim.
The damages available to an injured individual following a fall from a ladder or scaffold may include medical expenses, the costs of future treatment, lost wages, loss of enjoyment of life, and pain and suffering. If the fall aggravated a pre-existing condition rather than triggering a new condition, the defendant may still be responsible for damages.
Enlist an Attorney after an Accident in New York City or Beyond
Nicholas Rose is familiar with the regulations and training required at construction sites with scaffolding. As a slip and fall lawyer helping New York City residents and others, Mr. Rose can handle third-party claims and other complex issues stemming from falls from ladders and scaffolds. He represents injured individuals in Brooklyn, Queens, Manhattan, the Bronx, and Staten Island, as well as in Nassau, Suffolk, and Westchester Counties. Call (877) 313- ROSE (7673) or use our online form to arrange a free consultation.