NYC Scaffolding Construction Accident Lawyer
If you live in New York, there is no doubt that you have encountered scaffolding throughout the city, especially if you work in construction. Scaffolding is necessary to do this important work but can also cause serious harm to both workers and bystanders if any of the various parties involved in its construction, installation, use, and maintenance fail to take reasonable care.
If you recently suffered an injury in a scaffolding accident, you should be aware of your legal rights to recovery. While many of these efforts must go through the Workers’ Compensation system, it is vital that you identify your opportunity to file a lawsuit against the negligent party where it presents itself.
To discuss your injuries and how you can recover monetary compensation further, reach out to the dedicated NYC scaffolding construction accident lawyers at The Carrion Law Firm. Our services start with a free case assessment for your first call to our offices at (718) 841-0083.
Common Causes of Scaffolding Construction Accidents in NYC
Whenever scaffolding is used on a construction site in New York, it is important that reasonable care is taken in the manufacturing, installation, and use. Failure in any of these respects may result in one of the below examples of how negligence can lead to scaffolding construction accident injuries.
In order to securely hold and support both man and machine, scaffolding must be erected correctly as designed. The installer must also take care to install the scaffolding only on solid ground that will support the weight of the structure without shifting. These responsibilities lie with the party that installs the scaffolding, which is usually not the same entity as the construction site management company.
Even if scaffolding is initially installed correctly, changing conditions on site can alter the balance and stability of the structure. Therefore, it is imperative that the construction site manager or management company institute procedures to regularly inspect the scaffolding site and ensure that it is safe for work use. Unfortunately, many site managers fail to account for how external factors like inclement weather can affect the sturdiness of scaffolding.
Pieces of material or construction equipment falling from heights are among the leading causes of injury to non-workers who are in proximity to the site. The construction site management is responsible for training their workers on proper scaffolding safety behavior, which includes securing any loose items, so if you were struck by an object that fell off of scaffolding at a construction site in New York, the construction management company may be liable for compensating you for your harms.
Scaffolding must be able to hold a significant amount of weight in order to function as intended. However, if the material used in the production of the scaffolding parts is cheap or substandard, it may fail catastrophically, causing a collapse. It may be hard to identify manufacturing defects such as these without the help of an experienced NYC scaffolding construction accident attorney.
Liability for NYC Scaffolding Construction Accidents
When you discuss your case with your NYC scaffolding construction accident attorney, one of the first steps you will encounter is to determine who was responsible. This is important in any case, but particularly if you were an employee of the construction company that operated the site where you were injured, where Workers’ Compensation laws will come into play. If you were not an employee of (or an independent contractor working with) the at-fault party, but merely an uninvolved passerby, Workers’ Compensation will not apply in your case. Similarly, if the negligent entity was a third party, such as a manufacturer of a defective machine or a subcontractor brought onto the site, you can go straight to a lawsuit against that entity rather than a Workers’ Compensation claim.
For most other workplace accident claims, New York law makes Workers’ Compensation the “exclusive remedy” for employees who are injured on the job where there was no fault in causing the accident or where the employer was responsible for causing the accident. However, unlike many other states that use the exclusive remedy rule, New York provides a special exception for injuries caused by an employer’s violation of certain safety rules. In many cases, your employer’s violations of the New York Scaffold Law will qualify you for a lawsuit. Talk to a New York scaffolding injury lawyer for more details.
Damages for Scaffolding Construction Accident Injury Lawsuits in NYC
The reason why the difference between a lawsuit and a Workers’ Compensation claim is so important is because of the differences in the amount of recovery victims can obtain. Workers’ Compensation claims are subject to policy limits and only provide for a certain amount of medical expenses and lost wages, but nothing more.
In contrast, a lawsuit is not beholden to any policy limits. If the court awards more damages than are covered by the defendant’s insurance, the defendant is still obligated to pay you whatever they still owe. Lawsuits can also provide additional remedies based on harms that Workers’ Compensation does not acknowledge, such as the pain and suffering that the victim experiences following the accident.
Predicting what a given scaffolding accident injury lawsuit may be worth is a nearly impossible task without specific information about the incident, the victim, and the resulting injuries. Therefore, before making any decision on the best path to your recovery, it is in your best interest to discuss your case with a seasoned NYC scaffolding construction accident lawyer. This is the best way to get a reasonable estimate on what you may recover through your lawsuit, which you can also use to evaluate any settlement offers that you receive.
Talk to an Experienced NYC Scaffolding Construction Accident Lawyer Today
To receive your free initial case assessment, reach out to the NYC scaffolding construction accident lawyers at The Carrion Law Firm today at (718) 841-0083.