When a construction worker suffers an elevated fall on the work-site, the
consequences can be disastrous. Elevated falls from ladders and scaffolds
can cause debilitating injuries and can be fatal in some cases. According
to the Occupational Safety and Health Administration (OSHA), falls at
construction sites kill between 150 and 200 workers and injure more than
100,000 every year. The injuries suffered in these falls can cause many
difficulties for victims and their families. Victims may suffer lost wages,
high medical bills not covered by insurance, and unnecessary long term
pain and suffering. Fortunately construction workers who have suffered
an injury due to an elevated ladder fall may have legal recourse against
the owner of the property the accident occurred on, the general contractor,
or the individual who caused the injury. As a result, construction workers
who have suffered an injury due to an elevated fall should seek the counsel
of a construction accident lawyer. At
Queller, Fisher, Washor, Fuchs & Kool, our attorneys understand the hardships that can accompany an elevated
fall and are committed to securing proper compensation for all of our clients.
If you or someone you love has suffered an injury from an elevated fall
on a construction site, you may be entitled to compensation. For a
free consultation with our New York personal injury attorneys, please call (212) 406-1700 or
contact us on-line. At Queller, Fisher, Washor, Fuchs & Kool, our cases are taken
on a contingency fee basis. Should we accept your case, there is no fee
unless we recover damages for you.
What are the Legal Options Available to Victims of Ladder Falls?
New York's law regarding liability in
construction accidents favors the victims in cases where an elevated fall caused injury. New
York Labor Law 240 (1) places absolute liability on the general contractor
and property owner in cases where construction workers suffered injuries
from an elevated fall. This law means that any construction worker who
is injured on the work-site due to a fall from elevation, regardless of
circumstance, may be entitled to compensation. The only individuals who
are exempt from absolute liability under New York Labor Law 240 (1) are
property owners of one and two-family dwellings.
Construction workers who have been injured in a ladder fall may also be
able to file a lawsuit under New York Labor Law 241 (6). The aforementioned
labor law holds the property owner and general contractor responsible
for upholding the specific safety rules of rule 23 of the Industrial Code
regarding the construction or demolition of a building, and excavation
work. If the ladder fall occurred while the victim was performing any
of the previously mentioned types of construction, they may be entitled
to compensation under New York Labor Law 241 (6).
In addition to filing lawsuits under the aforementioned labor laws, construction
workers injured in a ladder fall may also be able to file a lawsuit for
negligence. In order to have a valid negligence lawsuit, the following
must have occurred:
- The individual or entity responsible for the injury must have had a duty
of care to the victim. A duty of care is a legal obligation that an individual
or entity has to uphold a reasonable standard of care while performing
tasks that could potentially injure others.
- The party responsible for the injury must have breached their duty. When
an individual breaches their duty of care, they have acted negligently.
- The responsible party's breach of duty must have caused the injury.
Essentially, an individual can act negligently without being liable. For
the responsible party to be liable their breach in duty must have been
the cause of the victim's injury.
- The victim's injury must have caused them to suffer damages.
Queller, Fisher, Washor, Fuchs & Kool Ladder Accident Results
The attorneys at Queller, Fisher, Washor, Fuchs & Kool have been practicing
personal injury law for over 50 years. Our firm has a history of sustained
success in personal injury lawsuits, recovering more than $1 billion for
our clients. Some of our more substantial verdicts and settlements in
construction accident cases include:
A worker fell from near the top of a ladder while handing off wood to another
laborer. The fall caused the worker to suffer major injuries which rendered
him a paraplegic. As a result, the worker is paralyzed from the waist
up. Queller, Fisher, Washor, Fuchs & Kool settled the case for a confidential
$5 and 10 million.
$3.7 Million settlement by Jonny Kool in a New York County Labor Law Case on behalf of a Local
79 construction worker who fell when the ladder he was working on toppled
over due to being placed on a concrete floot covered in debris. The injured
worker required multiple surgical procedures including an anterior cervical
discectomy fusion, left hip surgery, a left ankle ligament reconstruction
and a lumbar laminectomy. He has not been able to work in construction
since the time of the accident.
$2.75 million settlement by Barry Washor in Kings County Supreme Court for $2.75 million on bahelf
of a 37-year old laborer who fell from a ladder while doing sheet rock
work at a construction site. As a result of the fall, the claimant sustained
multiple injuries requiring surgery including arthroscopic shoulder surgery
and a cervical fusion. He had not returned to work since the accident.
Why Should You Hire a New York Elevated Fall Attorney?
While New York Labor Law 240 (1) provides the opportunity for injured construction
workers to recoup compensation following an elevated fall, it does not
guarantee that victims will be properly compensated. As a result, it is
in the best interests of construction workers who have suffered an injury
due to an elevated fall to seek the counsel of an attorney with experience
handling construction accident cases. At Queller, Fisher, Washor, Fuchs
& Kool, our
attorneys seek maximum compensation for all of our clients who have suffered an
injury from an elevated fall. We have decades of combined experience handling
construction accident cases and have a lengthy track record of success.
Our firm has collected numerous multi-million dollar verdicts and settlements,
including a $10.5 million construction accident case.
Have you or someone you love suffered an injury after an elevated fall
on the work-site? If so, you may be entitled to compensation. Call (212)
406-1700 or contact us on-line for a free consultation. We take all of
our cases on a contingency fee basis, meaning there is no charge unless
we recover damages.