Construction work involves serious risks, especially when you work at heights. If you suffer an injury in a scaffolding accident, you need to understand your legal rights under New York’s protective laws. Many workers make critical mistakes when filing Scaffold Law claims that can jeopardize their ability to recover compensation.
At the Law Office of Frank J. Cassisi, P.C., our scaffolding accident lawyers in New York have seen how these errors can affect injured workers and their families. Below, we explain the most common mistakes workers make when pursuing Scaffold Law claims and how you can avoid them.
Understanding New York Labor Law 240 and Common Filing Errors
New York Labor Law 240, commonly called the Scaffold Law, protects construction workers injured in elevation-related accidents. This law holds contractors and property owners strictly liable for injuries to employees caused by falls from elevations or by falling objects. According to Chubb, on average, one bodily injury event leads to a general liability claim for every $2.74 million in New York’s construction payroll.
According to OSHA, approximately 65% of construction workers regularly work on scaffolds. This widespread exposure to height-related risks makes understanding workers’ rights under the Scaffold Law crucial. When you file a claim, you must prove that your employer or property owner failed to provide adequate safety equipment or protection.
Failing To Report Your Accident Immediately
One of the most damaging common mistakes in Scaffold Law claims is failing to report your injury right away. New York law requires you to notify your employer within 30 days of a work-related injury. Missing this deadline can result in losing your right to workers’ compensation benefits entirely.
You should report your accident to your supervisor or employer as soon as it happens. Written documentation creates an official record of the incident and establishes a timeline for your injury. Waiting even a few days can allow your employer to argue that your injury occurred outside of work.
Not Seeking Immediate Medical Treatment
Delaying medical care after a construction accident can seriously harm your claim. Insurance companies often argue that injuries are not severe or work-related if you don’t seek immediate treatment. You must see a doctor as soon as possible after your accident, even if you feel your injuries are minor.
According to the 2023 Deadly Skyline report, New York City’s construction fatality rate increased from 11.5 per 100,000 to 11.6 per 100,000 between 2022 and 2023. These statistics highlight the serious nature of construction accidents.
Providing Statements Without Legal Guidance for Scaffold Law Cases
Insurance adjusters may contact you soon after your accident to request statements about what happened. Speaking to insurance companies without a construction accident lawyer in New York can damage your case. Adjusters may use friendly conversation tactics to gather information they can later use against you.
You should avoid giving recorded statements or signing documents without legal representation. Insurance companies could twist your words to minimize their liability or deny your claim entirely. Politely decline to provide detailed statements and refer them to your attorney.
Failing To Document Evidence From the Accident Scene
Preserving evidence is crucial when avoiding errors in construction injury claims. You should photograph the accident scene, including scaffolding, ladders, safety equipment, and any hazards present. Document your injuries with photos that show bruising, cuts, or other visible damage.
Collect contact information from witnesses who saw the accident occur. Their statements can support your version of events and strengthen your claim. You should also keep all medical records, bills, and documentation related to your treatment and recovery.
Accepting Early Settlement Offers Without Legal Review
Property owners and insurance companies may offer you a quick settlement shortly after your accident. These early offers are typically far lower than what your case is worth.
Filing Scaffold Law claims in New York involves complex legal issues that require careful evaluation. Never accept a settlement without consulting an attorney who can assess whether the offer fairly represents the value of your medical expenses, lost wages, pain, and suffering.
Missing Critical Filing Deadlines
New York has strict time limits for filing various types of construction accident claims. Workers’ compensation claims have different deadlines than personal injury lawsuits under New York Labor Law 240. Missing these deadlines can permanently bar you from recovering compensation.
You typically have two years from the date of your injury to file a workers’ comp lawsuit, but other deadlines may apply. Consulting a scaffolding accident lawyer ensures you meet all filing requirements and preserve your legal rights.
Contact the Law Office of Frank J. Cassisi, P.C. for Your Scaffold Law Case
Construction accidents can cause devastating injuries that affect your ability to work and support your family. Understanding and avoiding the common mistakes in Scaffold Law claims can make the difference between receiving fair compensation and losing your case. For more information about understanding New York Scaffold Law, our team can provide the legal guidance you need.
We have extensive experience representing injured construction workers throughout New York City and fighting for their rights under state labor laws. Call the Law Office of Frank J. Cassisi, P.C. at (516) 294-5050 today for a consultation.
Frequently Asked Questions About Scaffold Law Claims
Here are answers to common questions workers have about filing claims under New York’s protective labor laws.
What Types of Accidents Does the Scaffold Law Cover?
The Scaffold Law covers injuries from falls from heights, falling objects, and failures of safety equipment like scaffolds, ladders, hoists, and slings.
How Long Do I Have To File a Scaffold Law Claim?
You generally have three years from the date of your injury to file a personal injury lawsuit under New York Labor Law 240. However, you must report your injury to your employer within 30 days and file for workers’ compensation within two years.
What Should I Do After a Scaffolding Accident To Protect My Scaffold Law Rights?
After a scaffolding accident, you should report the incident immediately, seek medical treatment, document the scene with photos, collect witness information, avoid giving statements to insurance companies, and consult an attorney about your legal options.
