Scaffolding is ubiquitous in New York City and necessary for the city’s growth. However, passers-by and workers are at risk of being seriously injured during the use of such equipment. If injured, victims can reach out to a New York City scaffolding accident lawyer for representation.
Why Choose Tucker Lawyers
Experience That Counts
The scaffolding accident lawyers at Tucker Lawyers have a successful track record of recovering the compensation that injury victims need. From the moment you become a client, you can expect our team to work vigorously to ensure that you receive the maximum compensation available to you.
Although no law firm can ever guarantee its results, a record of successful representation speaks volumes. Over the years, the Tucker Lawyers firm has successfully collected millions of dollars for injured clients and can potentially help you access the funds that will bring relief to your suffering.
When you select our firm for your scaffolding accident case, you get a firm with:
- Millions of dollars recovered for injury victim clients
- Industry-recognized attorneys with a reputation for fighting
- Free initial consultations
- Strong ties to the local community
- 24/7 emergency attention for clients.
Put your faith in Tucker Lawyers as so many have done in the past, and learn how we can help you get the financial resources to address your losses. Call (516) 399-2364 for a free consultation with a New York City scaffolding accident lawyer today.
Industries That Use Scaffolds in New York
Scaffolds are typically associated with the construction industry. However, many other industries use scaffolds regularly, including:
- Home renovation
- Civil engineering
- Entertainment, including film, television, and theater
- Window cleaning.
Regardless of the industry, scaffolds must always be used in a manner that keeps workers and passers-by safe. Properly training employees in the use of scaffolds is an essential component in making sure this happens.
Before any worker assembles or performs work on a scaffold, they should receive adequate safety training from their employer. Without safety instruction, the risk of a scaffolding accident occurring skyrockets.
Pursuing Damages After a Scaffolding Accident
The consequences of a scaffolding accident can be devastating. Victims face the prospect of suffering catastrophic injuries and death when an accident occurs. Fortunately, accident victims can pursue various forms of compensation depending on the circumstances of their case.
Onsite workers who are injured in a scaffolding accident may include the workers who use the scaffold as well as other workers who are present but not working on the scaffold. Both have the right to pursue workers’ compensation benefits after an injury.
These workers typically cannot, however, pursue compensation against their employer. According to the law, employers who carry workers’ compensation are exempt from on-the-job lawsuits, even if they were negligent. Instead, an employer’s workers’ compensation insurance automatically covers a portion of the injured worker’s economic losses, including:
- Reasonable medical treatment and care for injuries sustained in an accident
- A portion of the worker’s lost wages
- Other expenses related to the injury.
In other words, workers’ comp benefits do not provide injured workers with full compensation for their losses. However, an injured worker may be able to pursue a claim for compensation against a third party if that third party’s negligence played a role in the scaffolding accident. Third-party claims allow injury victims to seek compensation for many more losses than workers’ compensation insurance.
Passers-by, including residents, tourists, and workers at nearby businesses, are at risk of injury from scaffolding accidents in New York when safety measures are not adhered to. When injured, they have the right to seek full compensation for their injuries, which may be catastrophic or result in death.
For those injury victims pursuing compensation outside of the workers’ compensation system, they must identify one or more negligent parties whose carelessness caused the scaffolding accident. In many cases, these negligent parties are one of the following.
The scaffolding manufacturer has a duty to ensure that its scaffolding products are safe when delivered to the marketplace. This means that every part of the equipment has been manufactured safely and correctly without the use of defective parts. Unfortunately, errors sometimes occur during the scaffold manufacturing process, the result of which are accidents.
Because scaffolding manufacturers are not employers at worksites, workers who experience accidents and injuries due to defective scaffolds are not limited to workers’ comp insurance and may sue the manufacturer for their losses.
There are strict government rules and procedures regarding the installation of scaffolding equipment. Some of these rules require the use of safety measures that prevent falls or prevent items from falling. The measures also address how scaffolding must be secured to the ground and structures. When installers fail to follow these procedures, accidents eventually occur.
In some cases, the scaffolding installation is the responsibility of a scaffolding company that rents out scaffolding equipment to other companies. Other times, a business may have its own scaffolding equipment and have its workers perform installations.
Regardless of who installs the equipment, workers and passers-by have the right to be safe from any unreasonable danger created by a faulty installation, and they can take action against the negligent installer.
Property owners must make sure their properties are free from unreasonably dangerous hazards. In the event a hazard is present, the property owner must then provide reasonable notice of its existence. If a hazard on a property causes a scaffolding accident, the property owner can subsequently face legal action from workers and passers-by alike.
Scaffolding Workers and Their Employers
Sometimes, scaffolding accidents occur when the workers using them behave negligently, such as when workers fail to follow proper safety procedures regarding the use of equipment and tools while on scaffolds. When this occurs, passers-by are put at risk of being struck by falling equipment or even personnel.
In addition to taking legal action against the negligent construction worker, passers-by who are injured in a scaffolding accident may also take action against the construction worker’s employer. The doctrine of vicarious liability imputes the negligent acts of an employee to their employer, allowing injured parties to pursue damages against the employee and the employer.
New York’s Scaffold Law
New York State has what is known as the “scaffold law,” found in section 240 of the New York Labor Law. According to its provisions, property owners and contractors can be held absolutely liable for gravity-related accidents that injure an individual. Absolute liability means the injured party need not prove negligence. They simply need to prove the following to seek compensation:
- The claim is against the property owner or general contractor of the project.
- The activity leading to the injury was a covered activity.
- Gravity was the cause of the injury.
The intent of the legislature when enacting the scaffold law was to give workers injured in New York scaffolding accidents more expansive coverage than is provided by workers’ compensation. Hence, only construction workers can take legal action under the scaffold law and not passers-by or other non-construction workers.
Scaffolding Accident Damages
As mentioned, injured workers typically get a portion of their losses covered after scaffolding accidents in New York, thanks to workers’ compensation. However, other forms of compensation, or damages, may be available to employees and are available to passers-by and other non-employees in non-workers’ compensation claims for compensation.
Economic damages refer to compensation for the financial impacts you experience due to your injuries, such as:
- Medical treatment costs, including hospital stays, doctor’s visits, and medication
- Lost wages and earning capacity in the past, present, and future
- Other injury-related expenses, such as homecare expenses and transportation
- Expenses related to fatalities, such as burial and funeral expenses.
In a claim for compensation outside of workers’ comp, you can seek full reimbursement for your lost wages and earning power instead of only a portion. Additionally, you can pursue another form of damages not available in workers’ comp cases: non-economic damages.
Non-economic damages are compensation for losses that do not have an intrinsic dollar value attached to them. However, through standard formulas and calculations, parties in compensation claims can assign values to these losses.
One of these methods is the multiplier method, which involves assigning an injury a number between 1.5 and 5, with 5 being reserved for the most serious of injuries. This number is then multiplied by the total amount of economic damages, with the product being the total amount of non-economic damages a victim will receive.
Compensable non-economic damages in New York include:
- Pain and suffering
- Loss of enjoyment of life and consortium.
Having an experienced scaffolding accident lawyer in New York City representing you is especially important during the calculation of damages. With a fierce negotiator on your side, you are more likely to get more compensation for your injuries than without one.
How Our Scaffolding Accident Attorneys Can Help
We Work Diligently to Maximize Your Compensation
Once our scaffolding accident attorneys take your case, we immediately set out to identify every potential source of compensation you may be eligible for. Accomplishing this typically requires us to:
- Perform a thorough investigation of your scaffolding accident
- Gather and preserve key evidence
- Hire accident reconstruction experts
- Negotiate with relevant insurance companies
- File lawsuits to compel compensation when necessary.
The compensation process after New York scaffolding accidents is often complex and typically not victim-friendly. You need an experienced New York City scaffolding accident lawyer looking after your interests so you don’t leave any compensation on the table.
If you have been injured in one of the many New York scaffolding accidents that occur every year, please call Tucker Lawyers today at (516) 399-2364. Our scaffolding accident attorneys are ready to help you get the financial resources you deserve.
Frequently Asked Questions
We are here to help you understand more about scaffolding accidents and claims for compensation. Please read through the following answers to common scaffolding accident questions and contact our scaffolding accident lawyer in New York City if you have more questions.
How long do I have to file a scaffolding accident claim in New York?
Workers’ comp claims based on scaffolding accidents in New York must be filed within two years of the accident. However, third-party claims stemming from scaffolding accidents in New York have three years to be filed.
Can I afford the fees of a scaffolding accident lawyer in New York City?
You can afford a scaffolding accident lawyer in New York City because you do not have to pay out-of-pocket money to get your case started. The fees your New York City scaffolding accident lawyer charges come from the compensation they win at the end of your case.
How much compensation should I expect for my scaffolding accident injuries?
Due to the uniqueness of each scaffolding accident, compensation totals vary from case to case. In general, you are likely to get more compensation when your case allows you to file a claim for compensation outside of the workers’ compensation system.
How long will it take my scaffolding accident lawyer to resolve my case?
Every case has unique factors that affect the length of time it takes for your scaffolding accident lawyer to settle your case. That said, straightforward workers’ comp claims can be resolved in a matter of a few months, whereas more complex workers’ comp situations and third-party claims typically take longer.
Can my scaffolding accident lawyer file a workers’ comp claim and a third-party claim for compensation for the same accident?
Yes. If the circumstances of your case involve a negligent third party or some other circumstance, your attorney can file both a workers’ compensation claim and a third-party claim for compensation.
What if my employer retaliates against me for filing a workers’ comp claim after a scaffolding accident?
It is illegal for your employer to retaliate against you for filing a workers’ comp claim. If this happens to you, reach out to your attorney for help protecting your labor rights.
Please feel free to contact a scaffolding accident lawyer from our firm for more answers and explanations about New York scaffolding accidents.
Contact Our Scaffolding Accident Lawyer Today
Don’t hesitate to pursue the compensation you deserve. Let the scaffolding accident attorneys at Tucker Lawyers fight to get you the relief you deserve.
Call (516) 399-2364 to schedule a free consultation with an attorney who is ready to listen and help.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]