Falls from Heights | Improper Guard Rails | Ladder or Scaffolding Collapse | Poorly Maintained Construction Elevators | Inadequate Safety Precautions
Falls from heights are typically avoidable when workers have safety equipment such as safety harnesses, nets or bucket trucks. Unfortunately, contractors and property owners are often in a rush to finish projects, and at times workers do not receive the protective equipment they require to prevent serious and fatal accidents. Working from high elevations carries a lot of risk. If you are a construction worker who has suffered a fall from height, you no doubt face challenges such as medical expenses, wage loss and possibly future lost income. In many instances, you have grounds to take legal action and receive compensation for such expenses and loss. An experienced attorney can help you receive the compensation entitled by law.
Working on ladders, scaffolding and roofs put workers at risk, and severe incapacitating injuries, or in the worst-case scenarios, death can occur from falls.
In a report released by the New York Committee for Occupational Safety and Health (NYOSH), researchers discovered that construction site safety violations were common. In particular, Latino workers suffered the most, with 57 percent of fall fatalities being immigrant workers in New York State (2015 statistics). An estimated 33 percent of those Latinos fell to their deaths on sites that were willfully in violation. By comparison, only 5 percent of non-Latinos died under such circumstances.
Other facts that the report revealed were that fatalities in New York's construction industry were up trending, and that employers had violated health and safety laws.
Labor Law section 240, also known as the "Scaffold Law," offers specific legal protection for construction workers who suffer injury due to falls from elevation. The property owner and his agent along with the contractor are held strictly liable for providing construction workers with safety equipment.
When working on a structure, which may include high-rises, water towers, bridges and any other man-made structures (except for a two-story family home), construction laborers are protected under the Scaffold Law. The types of work that are protected include building, demolition, repair, alteration, painting, cleaning and the erection of scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices.
Any fall a construction worker experiences while doing such work at an elevated height would be subject to litigation under Labor Law 240.
Arrange a free consultation and discuss your fall and injuries with an experienced construction site accident attorney. At Sackstein Sackstein & Lee, LLP our lawyers can determine your right to pursue compensation and take the necessary legal steps for you. Find out how we can help.
Call us toll free at 888.519.6400, or contact us in Garden City at 516.248.2234, or in Flushing-Queens, Brooklyn or the Bronx at 718.539.3100. You can also fill in our contact form, and we will get in touch with you.