Construction work, while rewarding, is inherently dangerous. Among the various hazards faced by workers, falls are one of the most common and severe causes of injury and death. Whether it is a fall from scaffolding, ladders, or an unprotected edge, construction site falls can result in severe consequences, including broken bones, spinal injuries, and even fatalities. Understanding the risks associated with construction site falls and knowing your legal options is crucial for anyone working in or around construction sites in New York.
What Causes Construction Site Fall Injuries? 
Construction sites are filled with potential hazards that can contribute to falls. Many of these hazards are related to the physical environment of the site, including incomplete structures, slippery surfaces, or improperly maintained scaffolding. Falls may occur because of poorly secured ladders, lack of proper guardrails, or unsteady walking surfaces. However, human error, inadequate safety training, and improper use of equipment also contribute significantly to construction site accidents.
In New York, where construction work is frequent and diverse, the dangers of fall-related injuries are ever-present. These injuries are not limited to high-rise construction sites but can occur on any site where workers are required to perform tasks above ground level. The consequences of such falls can vary from minor injuries to life-altering disabilities, making it all the more important to understand your rights and legal options following an accident.
The New York Scaffold Law and Its Implications for Fall Injuries
New York’s Labor Law Section 240, also known as the “Scaffold Law,” provides unique protections for workers who suffer injuries from falls while working at elevated heights. This law specifically addresses accidents involving scaffolding, ladders, and other safety equipment used on construction sites. It requires property owners and contractors to provide proper fall protection and ensures that workers are compensated if they are injured due to an unsafe work environment.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Robert J.
Maranto, III
Attorney
Thanon
Rezvi
Attorney
Under the Scaffold Law, even if the worker’s own actions contributed to the fall, they may still be eligible for compensation. This law is particularly beneficial for those injured by the negligence of contractors or property owners who fail to provide necessary fall protection or safeguard the construction site. However, proving that a fall was caused by inadequate protection can be a complex process, and it is crucial to consult with an experienced attorney to navigate the legal intricacies.
What Legal Options Do You Have After a Fall Injury?
When a fall injury occurs, workers in New York typically have several legal options for pursuing compensation. If you have been injured on a construction site, your options may include:
Workers’ Compensation
New York State provides workers’ compensation benefits to workers injured on the job, including construction site workers. These benefits cover medical expenses, lost wages, and rehabilitation costs. Workers’ compensation is available regardless of who is at fault for the injury. However, it does not cover pain and suffering, which may be a significant part of the damages caused by a fall injury.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
- Jane D.
Personal Injury Lawsuits
If your injury was caused by the negligence of a third party, such as a contractor, manufacturer of equipment, or another worker, you may be entitled to file a personal injury lawsuit. A personal injury claim can help you recover damages for pain and suffering, emotional distress, and other losses that are not covered under workers’ compensation.
For example, if a fall was caused by faulty equipment or a lack of proper training, you may have grounds for a lawsuit against the party responsible for the equipment or training. If the construction site owner failed to maintain safe working conditions, you could also seek compensation through a premises liability lawsuit.
Filing a Lawsuit Under the Scaffold Law
As previously mentioned, New York’s Scaffold Law provides workers who fall from heights with additional protection. Under this law, construction site owners and contractors are required to ensure that scaffolds, ladders, and other equipment are safe for use. If you fall due to unsafe equipment or a failure to implement safety measures, the Scaffold Law allows you to pursue damages for your injury, including pain and suffering, which workers’ compensation does not cover.
Why You Need an Experienced Attorney
If you have suffered a fall injury on a construction site in New York, seeking legal help is crucial. Filing a workers’ compensation claim, a personal injury lawsuit, or a Scaffold Law claim requires knowledge of both construction safety standards and the legal process. An experienced personal injury attorney can help you gather evidence, navigate the legal complexities, and ensure that your rights are protected.
Related Videos
Should I Take The First Settlement Offer?
Steps to File a Personal Injury Claim
For example, an attorney can help you determine who is responsible for your injury, whether it is a contractor, property owner, or equipment manufacturer. They can also help you collect necessary evidence, such as medical records, witness testimony, and photographs of the accident scene, which may be vital for a successful claim.
At Andrews, Bernstein & Maranto, PLLC, we have experience in handling construction site fall injury claims. Our team of dedicated attorneys will work to ensure that you receive the compensation you deserve for your injuries. Whether through workers’ compensation, a personal injury lawsuit, or a Scaffold Law claim, we are here to guide you through the process and fight for your rights.
Steps You Should Take After a Fall Injury
After suffering a fall on a construction site, it’s essential to take certain steps to protect your rights and ensure you receive the appropriate compensation. The following actions can help strengthen your case:
Seek Immediate Medical Attention
Even if your injury seems minor, it’s crucial to get medical treatment as soon as possible. Some injuries, such as concussions or spinal damage, may not be immediately apparent.
Verdicts & Settlements
Report the Injury
Notify your supervisor or employer about the injury right away. This helps ensure that your injury is documented and will be reported to workers’ compensation or insurance providers.
Document the Scene
If possible, take photographs of the accident scene, including any hazardous conditions that may have contributed to your fall, such as faulty scaffolding or a wet floor.
Gather Witnesses
If there were any witnesses to your fall, get their contact information. Eyewitness testimony can be crucial in proving negligence or unsafe working conditions.
Consult an Attorney
Reach out to an attorney who specializes in construction site accidents. They can help you determine the best course of action and represent your interests throughout the legal process.
At Andrews, Bernstein & Maranto, PLLC, we understand how overwhelming it can be to recover from a construction site injury. Our attorneys are here to help you every step of the way, from filing a workers’ compensation claim to pursuing a personal injury lawsuit or a Scaffold Law claim. If you or a loved one has been injured in a construction site fall accident, don’t wait to seek legal help. Contact us today for a free consultation and let us help you fight for the compensation you deserve.