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Elevation Hazards And Accidents
Queller, Fisher, Washor, Fuchs And Kool And The Law Office Of William A. Gallina, LLP

NEW YORK CITY CONSTRUCTION ACCIDENT ATTORNEY

Elevation Hazards & Accidents

Our New York City construction accident attorneys represent victims of elevation-related accidents. Anyone who works at elevated heights is at risk for serious injuries from falls. In fact, falls are the leading cause of construction-related deaths. If you were injured in a fall on a job site, New York Labor Law Section 240 provides for liability against owners and general contractors at the job site. However, while this law offers the opportunity for injured construction workers to recoup damages 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 been injured due to an elevated fall to seek the counsel of an attorney with experience handling construction accident cases. At Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP, our construction accident 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.*

What Are The Legal Options Available To Victims Of Elevation Accidents?

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 worksite 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 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 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 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.

What Are Some Common Elevation Hazards?

Below are some common elevation hazards that construction workers may face at a worksite.

Falls From Heights

Falls From Heights

Construction workers commonly work from heights many people would find unnerving; in some cases, they do so without adequate safety measures. Whether it’s a fall from scaffolding, a ladder or a harness attached to an electrical pole, construction workers can suffer terribly because of falls from heights.

The nature of the construction industry gives workers a wide range of reasons to be at great heights, and depending on the circumstances of each case, injured workers could be entitled to more than workers’ compensation after a fall. Contractors are required to provide a safe working environment, which includes proper safety precautions. In many situations, New York Labor Law Section 240 gives injured workers compensation after a fall in which the contractor or the owner were not directly or actively at fault. However, if your injury was caused by the negligence of a contractor or owner, then you may have grounds for a lawsuit.

Ladder Falls

When a construction worker suffers a ladder fall on the worksite, 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 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 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 New York City construction accident attorney.

Painters Falls

Because painters often work on scaffolding and many types of ladders, they are at an increased risk for injuries from falls. Some of the most common injuries caused by painters falls include brain injuries, spinal cord injuries and damage to the back, neck, arms or legs. There is always the potential for catastrophic injury and wrongful death due to painters falls.

If the worker hits his or her head, serious brain injury can lead to a vegetative state, coma or death. A blow to the spinal cord may cause paralysis, paraplegia or quadriplegia. Even a fractured arm or leg can cause permanent disability and prevent a return to work. Victims of painters falls may have legal recourse if it can be shown that the property owner or general contractor’s negligence caused the injury. If you have been injured in a fall, do not hesitate to contact our New York City construction accident attorneys.

Scaffolding Falls & Accidents

The Centers for Disease Control and Prevention (CDC) reports that more than 20 percent of nonfatal construction worker injuries come from falls. Falling from scaffolds is a common source of construction injuries. Unfortunately, scaffold falls can cause catastrophic or fatal injuries. New York Labor Law Section 240 provides for damages for workers injured in elevation-related accidents, including accidents that involve scaffolding falls.

Injuries from scaffolding falls and collapses may include brain injuries and spinal cord injuries, as well as damage to the arms, legs, back or neck. These injuries may be serious, resulting in problems such as broken or crushed bones, nerve damage and torn ligaments or tendons. In very serious cases, a worker may suffer catastrophic brain damage or paralysis.

How Do Scaffolding Accidents Happen?

Construction sites may feature multiple types of scaffolds, including suspension, supported, single and multipoint, hoist, interior-hung, elevator false car and masons’ scaffolding. Injuries can occur when scaffolding is improperly assembled, causing collapse or a worker fall. Falls can also occur due to the failure to couple use of the scaffold with proper fall protection equipment such as lanyards, lifelines and safety nets. Sometimes an accident is not due to scaffold failure, but to a falling object hitting a worker on the scaffold. In addition, contact with power lines can cause electrical shock.

Though they look deceptively simple, scaffolds have numerous parts and must be set up correctly to maintain balance and support the weight of workers and materials. Accidents such as scaffold collapses and falls can happen when there are problems with the guardrails, cross bracing, mid rails, footings, planking and decking of platforms, ties and braces, counterweights, load capacity or faulty access to the platform. If you have been injured in a scaffolding accident, then you may be entitled to compensation. Our construction accident attorneys can help you determine if you have grounds for a lawsuit.

Elevation Hazards

How Do I Schedule A Consultation With Your New York City Construction Accident Attorneys?

If you or someone you love has suffered an injury due to an elevation hazard or accident, you may be entitled to compensation. For a free consultation with our New York City construction accident attorneys, call our Manhattan office at 212.406.1700, our Bronx office at 718.892.0400 or contact us online. We will review your case and discuss your legal options with you. The attorneys at Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP take all cases on a contingency fee basis, meaning our services are free of charge unless there is a monetary recovery. Our law firm is proud to serve the New York City area, including the Bronx, Brooklyn, Manhattan, Queens and Staten Island, as well as the surrounding counties and New Jersey. We offer legal services in English, Spanish, Portuguese, French and Chinese.

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212.406.1700

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718.892.0400

Queller, Fisher, et. al., LLP
Personal Injury Lawyers Serving NYC

*PRIOR RESULTS CANNOT AND DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME WITH RESPECT TO ANY FUTURE MATTER, INCLUDING YOURS, IN WHICH A LAWYER OR LAW FIRM MAY BE RETAINED. VERDICTS ARE SUBJECT TO REDUCTION AND MODIFICATION ON APPEAL.

*AV PREEMINENT AND BV DISTINGUISHED ARE CERTIFICATION MARKS OF REED ELSEVIER PROPERTIES INC., USED IN ACCORDANCE WITH THE MARTINDALE-HUBBELL CERTIFICATION PROCEDURES, STANDARDS AND POLICIES. MARTINDALE-HUBBELL IS THE FACILITATOR OF A PEER REVIEW RATING PROCESS. RATINGS REFLECT THE CONFIDENTIAL OPINIONS OF MEMBERS OF THE BAR AND THE JUDICIARY. MARTINDALE-HUBBELL RATINGS FALL INTO 2 CATEGORIES: LEGAL ABILITY AND GENERAL ETHICAL STANDARDS.