Construction workers must often work from significant heights, making falling a serious concern. While New York laws seek to mitigate fall hazards on construction sites, this is still a common cause of accidents across the state.
If you were injured after falling from a height on a construction site, a New York construction accident lawyer can help you understand your legal rights and options.
Understanding New York’s Scaffold Law
New York’s Scaffold Law, or Labor Law 240, imposes strict liability on owners, contractors, and their agents for gravity-related injuries, including falls and falling objects, on construction sites. It includes specific requirements to prevent these types of accidents, such as using safety rails around scaffolding and never exceeding the load-bearing capacity.
If a violation of the Scaffold Law causes an injury, the property owner or contractor may be liable, regardless of the worker’s negligence.
Why Do Falls From Heights Happen on Construction Sites?
Despite the Scaffold Law and OSHA requirements that seek to prevent falls from heights, this is still the leading cause of death in construction, according to OSHA. The Bureau of Labor Statistics cites that about 38.5% of workplace deaths in the construction industry were due to falls, slips, and trips. The OSHA report also states that in 2023, there were approximately 421 fatal falls to a lower level in the construction industry across the U.S.
Construction site falls can happen due to several causes:
- Lack of proper safety systems: The absence of harnesses, safety nets, or other fall arrest systems can mean that workers aren’t protected while working from heights.
- Incorrectly built scaffolding: Construction workers rely on scaffolding to safely work at heights, but when that scaffolding is not properly constructed, it can fail and lead to falls.
- Inadequate training: Construction workers must undergo adequate training to understand how to protect their safety while working at heights. Lack of training can lead to falls.
- Unstable ladders: When ladders are necessary to perform construction work, they must be placed on even ground and have the necessary supports, or they risk toppling over during use.
If your fall from a height occurred while you were performing your job duties, you may have the right to seek compensation. Speak with a New York construction accident lawyer about your legal options.
Your Legal Options for Seeking Compensation After a Fall on a Construction Site
You may have a few methods for seeking compensation after a fall from a height, depending on the circumstances of your accident and whether you can establish legal liability. Speaking with a construction accident lawyer in New York can help you explore your options.
Workers’ Compensation
Workers’ compensation is a straightforward way to seek compensation after a workplace injury. The majority of employers in New York are legally required to offer this form of insurance coverage to their employees. The state’s no-fault system means you likely qualify regardless of who was at fault for your accident, as long as it happened while you were performing your job duties.
Workers’ compensation can reimburse you for medical bills and a portion of your lost wages while you are recovering. If your loved one died in a construction accident, you may be able to use workers’ compensation to cover funeral costs and receive weekly cash benefits.
Third-Party Lawsuit
You generally cannot sue your employer for on-the-job injuries in New York, but you may be able to hold another party liable through a third-party lawsuit. A New York construction accident lawyer can help you pursue legal action.
Potential third parties that may be negligent in your accident include:
- A general contractor
- A property owner
- A manufacturer of faulty ladders or protective equipment
Under the Scaffold Law, a contractor or property owner may be strictly liable if a fall occurs due to a violation of Labor Law 240.
In a third-party lawsuit, you may be able to seek both economic and non-economic damages. Economic damages cover the direct monetary costs of your accident, such as medical bills, while non-economic damages account for the physical and emotional toll the accident has taken on you.
Wrongful Death Claim
If your loved one died in a construction accident in which a third party was liable, you may be able to pursue a wrongful death claim. The decedent’s personal representative must be the one to initiate the claim and recover damages on behalf of the decedent’s family members. Damages in New York wrongful death claims are primarily economic, covering expenses like funeral costs, medical bills prior to the injury, and loss of financial support.
Work With a Construction Accident Lawyer on Long Island
Falls from heights can lead to devastating injuries and death. As a construction worker, you should be protected against this hazard. If you were injured in a fall while performing your job duties, you may have the right to seek compensation.
Understanding New York construction accident laws and how they apply to the compensation process can feel overwhelming, but our attorneys at Cassisi & Cassisi, P.C., can help. Request a legal consultation with a New York construction accident lawyer today by calling 516-294-5050.
Frequently Asked Questions
What is the statute of limitations for construction accident lawsuits?
The statute of limitations for construction accident lawsuits in New York is generally three years for personal injury claims and two years from the date of death for wrongful death cases. Consult a construction accident lawyer in Mineola soon to avoid missing relevant deadlines.
Can my employer be liable for a construction site accident?
Employers generally can’t be held liable for on-the-job injuries and accidents unless they intentionally caused the injury or the case meets other strict criteria. Instead, workers can seek workers’ compensation to cover job-related injury costs.
What if a fall on a construction site was a complete accident?
Even if a fall on a construction site was a complete accident and the victim was technically responsible for their own injury, they likely still qualify for workers’ compensation. Your New York construction accident lawyer can help you understand how fault ties into your case.
