Falls are dangerous. They can injure, kill, and cause physical pain and emotional suffering. And in New York City, they remain the leading cause of fatal injuries among construction workers, where, from 2007-2016, construction-related falls accounted for 60% of all worksite deaths. 60%. In a city that employs more than 400,000 construction workers annually.
This is why if you or a loved one works in construction, or has suffered a fall at a NYC construction site, it is critical that you know your rights. Don’t gamble with your financial future. Protect yourself and your family in the event of a falls-related construction accident. Don’t lose the money and benefits you’re entitled to.
Don’t wait. An experienced construction accident attorney will provide you with these insights in your first consultation, free of charge and with no obligation.
For this and more, please call 1-800-966-4999 and allow Schwartzapfel Lawyers the privilege and honor of helping you and your family get all the money and benefits you’re entitled to.
Or, if you are simply looking to better understand construction-site falls in NYC, please continue reading.
Types of Construction-Related Falls
1.) Falling objects — These gravity-related accidents often involve one or more objects (e.g. debris, tools, tiles, drywall, etc.), falling on a construction worker or person below. If this happens to you, please know: You are protected by the law!
As stated in Labor Law § 240(1): “A person employing or directing another to perform labor of any kind… on a building or structure shall furnish… devices which shall be so constructed, placed, and operated as to give proper protection to a person so employed or directed.”
Any violation of Labor Law § 240(1) that leads to injury results in the owner and contractor being absolutely liable for injuries and damages caused. Absolute liability means that the plaintiff (the injured employee) does not have to prove negligence on the part of the defendant (the owner or contractor). In short: What matters is that an injury occurred when it shouldn’t have, and so, even if the injured worker may have been at fault, the responsible party (i.e. the owner of the building and contractor) would still be held 100% liable.
2.) Falls from any height — These accidents occur when a construction worker falls any distance from any height at a worksite. Regardless of whether a construction worker is working 100 feet above ground level, at ground level, or below ground level, all NYC construction workers are entitled by law to protective safety devices to keep them from falling any amount of distance. Any injury a NYC construction worker sustains as a result of a fall from any height places absolute liability on the owner and contractor for failing to provide adequate safety devices. Examples of safety devices include but are not limited to: safety harnesses, lanyards to tie off, netting, fall arrest systems, scaffolding, barn codes, etc.
Furthermore, as with falling objects, any violation of this right and the responsible party (i.e. the owner and contractor) are absolutely liable for any and all damages caused. These include physical injuries, pain, suffering, lost wages, past and future medical costs, and any other harms or losses, regardless of whether the injured worker or employee may have been at fault.
3.) Tripping falls — These types of accidents refer to the slips, trips, and falls a construction worker may suffer as a result of unsafe conditions at a worksite.
According to New York State law, if a violation of Labor Law § 240(1) occurs and as a result a construction worker is injured on the job, then the responsible party (i.e. the building’s owner or contractor) is held absolutely liable for damages caused, and not the injured worker.
Types of Construction-Related Injuries
When it comes to fall-related injuries on a construction site, there is no set list of physical and emotional pains or financial losses a construction worker may suffer as a result of the negligence of others.
In terms of physical injuries, examples include:
1.) Broken bones
3.) Head trauma, concussions, traumatic brain injuries (TBI)
4.) External cuts, internal bleeding
5.) Tears, strains and sprains, herniated and bulged discs — all of which may worsen over time, requiring surgery and rendering you unable to work.
6.) Quadriplegia, paraplegia
As well, after a construction-related fall, an injured worker may suffer mentally. Conditions include but are not limited to:
1.) Acute stress disorder (ASD)
2.) Post-traumatic stress disorder (PTSD)
3.) Adjustment disorder (AD)
4.) Substance use disorder (SUD)
Construction-site falls are a serious matter that require serious attention. If injured, it is important to receive proper medical care so that you or your loved one may focus on recovery.
An experienced construction accident attorney can ensure that this is made possible.
Call 1-800-966-4999 to speak with an attorney at Schwartzapfel Lawyers today.
What to do in the event of a construction-related fall
If you or a loved one is injured, maimed, disabled, or killed as a result of a construction site fall, it is imperative that you secure legal representation right away. Do not give statements to anyone without first speaking to your lawyer.
Do not speak to insurance agents before speaking to your lawyer. Anything you say will be misconstrued and used against you. Remember, no matter how convincing they may sound, these men and women are not your ally.
Insurance companies exist to make profits for their shareholders. What is best for them is to pay for as little as possible. You can prevent this from happening by politely, but firmly, telling them you retained a construction accident attorney and that you cannot speak to them.
Finding the attorney that’s right for YOU
You will want someone who knows NYC construction law inside and out, an attorney who specializes in construction-site falls and has a proven track record; you will want someone who will fight for you every step of the way.
For more than thirty-five years, Schwartzapfel Lawyers has successfully helped thousands of people get the money and benefits they are entitled to. We are proud of our hundreds of 5-star Google Reviews and 99% client satisfaction record, and we consistently, year after year, have among the highest verdicts and settlements in New York. We know how to get you all the money and benefits you’re entitled to as quickly as possible. Don’t just take our word for it. Check out our Google Reviews.
If we don’t win your case, you owe us nothing.
So if you or a loved one has suffered a fall-related injury on a NYC construction site, take action today and call us now at 1-800-966-4999.
Schwartzapfel Lawyers’ Verdicts & Settlements in Construction-Related Falls
1.) Vital Statistics of New York State (nyc.gov)
2.) NYS Department of Labor (dol.ny.gov)
3.) Laws of the State of New York, Volume I (public.leginfo.state.ny.us)
4.) Schwartzapfel Lawyers P.C. (fightingforyou.com)
5.) Google Reviews (Schwartzapfel Lawyers P.C.)
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The attorneys at Schwartzapfel Lawyers, P.C. have provided aggressive – yet compassionate – legal guidance for many personal injury clients. With decades of experience, our attorneys are well prepared to handle all your legal needs. Time is of the essence for preserving valuable evidence and maximizing your chances of recovery.
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