If you were injured in a scaffold collapse, a fall from height, or an elevation-related accident on a New York job site, Labor Law § 240(1) may give you rights that go beyond standard workers' compensation. Under § 240, property owners and general contractors bear absolute liability when proper safety devices are absent or inadequate, and your own negligence is not a defense. That protection exists because the law recognizes the severity of gravity-related injuries. But it only works if you act before evidence disappears and deadlines pass.
Under New York Labor Law § 240(1), owners and general contractors bear absolute liability when a worker is injured because elevation-related safety devices, including scaffolds, harnesses, safety nets, and guardrails, were absent, inadequate, or failed to perform their intended function. Absolute liability means comparative negligence is not a defense: the injured worker's own conduct does not reduce or eliminate the owner's or contractor's responsibility. The duty to provide proper protection falls on the parties who control the site, not on the worker who was put in harm's way. Industrial Code Part 23, specifically Section 23-5, sets detailed requirements for scaffold construction, planking, guardrails, bracing, and load capacity, and violations of those requirements carry independent legal weight under Labor Law § 241(6). Common failures that give rise to these claims include unsecured or missing planking, absent guardrails, improper bracing, and platforms loaded beyond their rated capacity.
A fall from elevation does not produce minor injuries. The height, the impact, and the weight of falling materials combine to produce trauma that can end a career, alter a family's future, or take a life.
Traumatic Brain Injury and Skull Fractures
Spinal Cord Damage and Paralysis
Crush Injuries and Multiple Fractures
Internal Organ Damage and Wrongful Death
New York has some of the strongest worker protection statutes in the country. If you were injured on a scaffold, three laws may apply to your case, and understanding which ones cover your situation determines what you can recover.
Known as the Scaffold Law, this statute holds owners and general contractors absolutely liable when a worker is injured by an elevation-related hazard and the required safety device was absent or inadequate. If a scaffold collapsed, a rope snapped, or a safety harness was never provided, liability attaches regardless of what the owner or contractor claims you did wrong. Your own negligence is not a defense under this statute.
This statute applies to construction, demolition, and excavation work and requires owners and general contractors to comply with the specific safety standards set out in New York's Industrial Code, Part 23. The duty is non-delegable, meaning the owner cannot shift responsibility to a subcontractor. Comparative negligence may reduce your recovery under this statute, but it does not eliminate the owner's or contractor's obligation to maintain code-compliant conditions.
This statute codifies the common-law duty to provide a reasonably safe workplace. To succeed under Section 200, you generally must show that the owner or general contractor had control over the work area and either created the dangerous condition or had actual or constructive notice of it. This claim often runs alongside a Section 240 or Section 241 claim and can support recovery for hazards that fall outside the elevation-specific scope of the Scaffold Law.
Under Labor Law § 240(1), you do not have to prove that anyone was careless. If the scaffold, ladder, or fall protection device failed, liability attaches automatically. That distinction matters because workers' compensation covers only a fraction of your lost wages and nothing for pain, suffering, or long-term disability. A third-party Labor Law claim allows recovery of damages workers' compensation excludes by statute, including pain and suffering and the projected future earnings calculated at trial. CPLR § 214 gives you three years to file, but physical evidence disappears and witnesses move on quickly, so the time to act is now.
For more than 40 years, Schwartzapfel Holbrook has handled construction injury cases across New York City and Long Island, with particular depth in Labor Law § 240(1), § 241(6), and the Industrial Code violations that underlie most scaffolding claims. When we take a scaffolding case, we investigate who controlled the work, who owned the site, and who was responsible for providing adequate fall protection, because liability in these cases rarely stops with one party. We review OSHA citation histories, subcontractor safety records, and site inspection logs to build a record that holds every responsible party accountable. We are selective about the cases we accept, and we prepare each one as if it will go to trial. Our reputation is why members of construction trade unions across the region have entrusted us with their futures.
Scaffold components can be disassembled and reused within days of an accident, and inspection records can disappear just as fast. New York gives you three years to file under CPLR § 214, but if a government entity owns the property, you have 90 days to file a Notice of Claim or lose your right to recover.
A scaffolding accident claim in New York typically arises under Labor Law § 240(1), which covers elevation-related injuries caused by the failure to provide adequate safety devices such as proper scaffolding, guardrails, or fall protection. If you were working at height and fell, or if an object fell and struck you, because the scaffolding was defective, improperly erected, or absent entirely, you likely have a viable claim. The statute applies to workers employed in construction, demolition, or repair work, and it imposes liability on owners and general contractors regardless of which subcontractor was responsible for the unsafe condition. Your union steward or a construction injury attorney can help you assess whether the specific facts of your accident fall within the statute's coverage.
Workers' compensation covers your medical bills and a portion of your lost wages regardless of fault, but it does not compensate you for pain and suffering, and it caps your recovery under a statutory schedule. A scaffolding accident claim under Labor Law § 240(1) or § 241(6) is a separate civil lawsuit against the property owner and general contractor, and it can recover damages that workers' compensation does not, including full lost earnings, pain and suffering, and loss of future earning capacity. Filing a workers' compensation claim does not prevent you from pursuing a Labor Law claim, and in most scaffolding cases you should be doing both. New York law allows this dual recovery, though any workers' compensation benefits paid may be subject to a lien against your civil settlement or verdict.
Construction sites create a web of legal responsibility that extends far beyond your direct employer. While workers' compensation prevents you from suing the company that hired you, New York's Labor Law opens multiple avenues for recovery against other parties.
Labor Law § 240(1) imposes absolute liability on property owners and general contractors for gravity-related accidents. No negligence proof required — if scaffolding failed and you fell, they're liable under this "Scaffold Law." The only defense is proving you were the sole proximate cause of your own injury, which rarely succeeds.
Section 241(6) creates additional liability when these parties violate specific Industrial Code safety regulations. We also pursue subcontractors who created hazardous conditions, construction managers with site control, scaffold rental companies that provided defective equipment, and manufacturers of faulty safety devices.
Every defendant increases your potential recovery. We investigate the entire chain of responsibility because construction accidents typically involve multiple companies making decisions that affect worker safety.
Scaffold planking failures cause the deadliest construction accidents. Workers step on rotted boards that snap instantly. They fall thirty feet onto concrete, suffering traumatic brain injuries and spinal fractures that cost $2-4 million to treat over a lifetime.
Falling objects create the second category of serious injuries. Loose bricks, unsecured tools, construction debris — gravity turns everyday materials into weapons. A hammer dropped from the third floor generates enough force to crack skulls.
Complete scaffold collapses happen when contractors use damaged components or skip proper cross-bracing. The entire structure gives way in seconds.
Under Labor Law § 240(1), property owners face absolute liability for these gravity-related accidents. Insurance companies know this. They can't blame workers for faulty equipment or inadequate safety measures. That's why they evaluate these claims based purely on medical documentation showing fall injuries or struck-by incidents. The statute eliminates most defenses, making liability clear-cut in properly documented cases.
Scaffolding accidents frequently produce severe injuries because they involve falls from significant heights or being struck by falling tools, materials, or structural components. Common injuries include fractures of the spine, pelvis, and extremities, traumatic brain injuries, spinal cord injuries resulting in partial or complete paralysis, crush injuries, and internal organ damage. Soft tissue injuries to the shoulders, knees, and back are also common, particularly when a worker catches himself during a fall or lands awkwardly on a lower level. The severity of these injuries is one reason Labor Law § 240(1) claims often result in substantial recoveries, as the full scope of medical treatment, rehabilitation, and long-term disability must be accounted for.
Get medical attention immediately — not from the company clinic, but from a real emergency room or your own doctor. Scaffolding accidents cause serious injuries that worsen without proper treatment.
Document everything while it's fresh. Take photos of the scaffold condition, safety equipment, and the accident scene if you can do it safely. Get witness contact information before they leave the job site. Report the incident to your supervisor in writing, not just verbally.
Don't talk to insurance adjusters who'll start calling within hours. They're not your friends. Under Labor Law § 240(1), you likely have a separate lawsuit against the property owner and general contractor — that's beyond workers' compensation. This statute creates absolute liability for scaffold falls, meaning they're responsible regardless of fault.
The insurance company for the property owner will try to settle fast and cheap. We've seen clients offered $5,000 for injuries worth ten times that amount. Get legal advice before signing anything or giving recorded statements.
Labor Law Section 240(1) creates absolute liability when you fall from scaffolding or a ladder. Property owners and general contractors can't escape responsibility by claiming you were careless or inexperienced.
The statute doesn't require proving negligence. Missing guardrails, unsecured ladders, or inadequate safety harnesses automatically establish liability. We've recovered millions under Section 240(1) because defendants must prove you were the sole proximate cause of your fall — an extremely difficult standard that almost never succeeds.
Workers' compensation won't prevent your Section 240(1) claim. You can collect comp benefits while pursuing full damages for pain and suffering, complete lost wages, and medical costs that comp doesn't cover. The defendants can't reduce your recovery by claiming comparative fault. Schwartzapfel Holbrook has handled hundreds of these gravity-related construction accidents across NYC and Long Island since 1985.
Labor Law § 240(1) imposes absolute liability when falling objects injure workers. A hammer drops from the fifteenth floor? The property owner pays. Rebar slides off an unsecured pile? Same result. General contractors can't claim they hired competent subcontractors or point to someone else's negligence. The statute eliminates these defenses entirely.
Structural collapses follow identical rules. Scaffold buckles, shoring fails, or concrete forms give way — owners face automatic liability under § 240(1). We've secured settlements exceeding $3 million for workers crushed when temporary structures collapsed. The law doesn't care whether the collapse seemed unforeseeable.
Workers' compensation provides limited coverage while you're recovering. But § 240(1) claims against third parties can deliver full wage replacement and complete medical coverage. Most importantly, you'll receive substantial compensation for permanent disabilities that workers' comp barely acknowledges. Construction site accidents demand immediate investigation before crucial evidence vanishes.
Equipment malfunctions create multiple liability streams beyond your workers' comp benefits. You can sue the manufacturer for design defects under product liability law, the rental company for maintenance failures, or contractors who ignored known hazards under Labor Law § 200.
Manufacturing defects are straightforward — if the crane's hydraulic system blew due to faulty components, that's on the maker. Design flaws run deeper. Maybe the equipment lacked proper safeguards or warning systems required by industry standards. Maintenance issues hit rental companies and contractors who failed to service equipment properly.
We work with mechanical engineers who tear apart the failed machinery, examine maintenance logs, and reconstruct exactly what broke. These aren't simple slip-and-fall cases. Equipment failures often cause crushing injuries, amputations, or worse — which means significant damage awards. The key is proving the malfunction directly caused your injuries, not operator error or misuse.
Electrical burns destroy tissue you can't see. What looks like surface damage often masks destroyed muscle, nerve pathways, and internal organs that won't show problems for weeks. These injuries carry lifetime consequences — reduced mobility, chronic pain, inability to work.
Industrial Code Rule 23-8.6 requires specific electrical safety protocols on construction sites. When contractors skip lockout/tagout procedures or leave exposed wiring, they've violated state law. That violation establishes liability under Labor Law § 241(6). The general contractor and property owner become responsible for your damages, regardless of fault.
Workers' comp won't pay for your pain and suffering or full lost wages. You can sue the responsible parties separately. But electrical evidence disappears fast — contractors repair hazards immediately after accidents. We need to document the scene within days, not weeks.
Traumatic brain injuries and spinal cord injuries are among the most complex and high-value claims in construction accident litigation because they involve long-term or permanent consequences that must be carefully documented and projected over your lifetime. Your case will require expert testimony from neurologists, neurosurgeons, life care planners, and economists to establish the full scope of future medical costs, lost earning capacity, and the impact on your daily functioning. Under Labor Law § 240(1), if the injury resulted from an elevation-related hazard without adequate protection, the owner and general contractor bear strict liability, which means the focus of litigation shifts to the full measure of your damages rather than to proving fault. You should retain an attorney experienced in catastrophic construction injury cases as early as possible, because the investigation, preservation of evidence, and expert retention process is extensive.
Yes. Labor Law § 240(1) and § 241(6) impose liability directly on general contractors, and that duty is non-delegable, meaning the general contractor cannot escape responsibility by pointing to a subcontractor who was responsible for erecting or maintaining the scaffold. This is a significant protection for construction workers in New York, because it means you do not need to prove that the general contractor was personally negligent in the traditional sense. The statute holds the general contractor accountable for ensuring that proper elevation protection was in place, regardless of how the work was divided among the trades on the site. Property owners are also covered under the statute, so in many scaffolding cases both the owner and the general contractor are named as defendants.
Multiple contractors on a job site is the norm in New York construction, and it does not prevent you from bringing a claim. Under Labor Law § 240(1) and § 241(6), liability attaches to the owner and the general contractor as a matter of law, and those parties may then seek contribution or indemnification from subcontractors through third-party claims. Your claim is not weakened because several trades were present, and you are not required to identify which specific subcontractor erected the defective scaffold in order to hold the general contractor liable. An experienced construction accident attorney will investigate the contractual relationships, site supervision records, and safety logs to identify all responsible parties and build the strongest possible case on your behalf.
Property owners carry absolute liability under Labor Law § 240(1) for scaffolding accidents involving gravity hazards. Fall from scaffolding? Owner pays. Struck by falling debris? Same result. The statute doesn't care whether you hired experienced contractors or followed every safety protocol.
Section 240(1) operates as strict liability. The only escape hatch is proving the worker was the sole proximate cause — meaning their actions were so reckless they broke the chain of causation entirely. Courts reject this defense in 95% of cases.
Labor Law § 241(6) opens a second avenue when owners violate specific Industrial Code provisions. Section 23-5.1 requires scaffolds capable of supporting four times their intended load. Violation of that regulation? Per se negligence. Property owners can't delegate this responsibility away, and workers' compensation coverage doesn't shield them from these third-party lawsuits.
If a defective scaffold component, malfunctioning hoist, or other faulty equipment contributed to your injury, you may have a product liability claim against the manufacturer, distributor, or supplier of that equipment, separate from any Labor Law claim against the owner or general contractor. New York Labor Law § 240(1) and § 241(6) address the site owner's and contractor's obligations, but those statutes do not limit your ability to pursue additional parties in the supply chain whose negligence put dangerous equipment on the job site. Preserving the defective equipment as evidence is critical, and your attorney should move quickly to ensure it is not repaired, discarded, or returned to a vendor before it can be inspected.
An OSHA investigation can produce citations, inspection reports, and findings that are relevant to your civil case, but the investigation itself does not resolve your legal claims or determine what compensation you receive. You are not required to wait for OSHA to conclude before pursuing a workers' compensation claim or a third-party lawsuit, and the statute of limitations does not pause while the agency investigates. OSHA records are often obtainable through a Freedom of Information Act request and can serve as useful evidence of safety violations, so your attorney should coordinate with the investigation timeline without letting it delay your own case.
Yes. Workers' compensation doesn't block third-party lawsuits against property owners or general contractors.
Workers' comp pays medical bills and roughly two-thirds of lost wages — but zero for pain and suffering. Labor Law § 240(1) opens the door to full damages: complete wage recovery, medical costs, and compensation for your injuries' impact on your life. Property owners face absolute liability under § 240(1) for gravity-related scaffold accidents. No shared fault reduces your recovery.
Your workers' comp carrier gets reimbursed from any third-party settlement. You keep everything above that reimbursement amount. Since these cases involve different defendants and legal theories, you're entitled to pursue both simultaneously.
File your Labor Law claim within three years of the accident. That deadline is firm — miss it, and you lose the right to sue for damages workers' comp will never cover.
Your workers' comp claim covers medical bills and partial wages. A third-party claim? That's where real money lives.
Third-party means suing anyone except your direct employer who caused your accident. Property owners face the harshest exposure under Labor Law § 240(1) — absolute liability when you fall or objects strike you. They can't wiggle out by claiming you were careless or they followed OSHA rules. Section § 241(6) creates similar ironclad liability when specific Industrial Code violations cause injury.
General contractors, equipment manufacturers, crane operators — we identify every party with control over the hazardous condition. Your employer's workers' comp stays intact, but third parties pay full freight: complete wage replacement, all medical costs, pain and suffering damages that workers' comp never touches.
Construction sites involve multiple defendants because safety responsibility gets shared among various entities. That's precisely why our third-party recoveries typically dwarf workers' comp benefits by substantial margins.
Workers' compensation is your exclusive remedy against your direct employer, meaning you generally cannot sue your employer in civil court for a workplace injury under New York Workers' Compensation Law § 11. However, that exclusivity does not extend to third parties, and on most construction sites there are multiple parties, including the property owner, general contractor, and subcontractors, who may be liable under New York Labor Law §§ 200, 240(1), and 241(6). Pursuing both a workers' compensation claim and a third-party lawsuit simultaneously is not only permitted, it is often the strategy that produces the most complete recovery for a seriously injured construction worker.
Scaffolding cases range from tens of thousands to millions depending on your injuries and lost wages. A roofer earning $80,000 annually who suffers permanent back damage faces different math than a crane operator making $120,000 who becomes paralyzed.
Labor Law § 240(1) gives you absolute liability against property owners and general contractors for scaffolding falls — no need to prove negligence. Your workers' comp continues (maybe $400-800 weekly), but that won't cover your mortgage if you earned $2,000 weekly before the accident. Third-party lawsuits recover full damages: medical bills, lost earnings, pain and suffering.
We've handled cases worth $50,000 for herniated discs and $4.2 million for spinal injuries. The defendant's insurance coverage matters too — major developers carry $10-50 million policies while small contractors might have $1 million limits. But Labor Law § 240(1) makes liability nearly bulletproof, so insurers typically negotiate rather than roll the dice at trial.
Workers' compensation pays basic medical bills and partial wages, but a third-party scaffolding lawsuit recovers what you actually lost. That means full medical expenses — surgery, specialists, physical therapy, future treatments. Plus complete wage replacement, not the two-thirds workers' comp provides.
Pain and suffering awards depend on your specific injuries and how they've changed your life. A broken arm heals differently than a spinal cord injury. Permanent disabilities from falls — brain trauma, paralysis, crushed limbs — generate six-figure settlements because they affect decades of earning capacity.
Labor Law § 240(1) eliminates the usual fault games. If the property owner or general contractor failed to provide proper scaffolding protection, you collect full damages regardless of any mistakes you made. The only exception: being the sole proximate cause of your accident, which rarely applies. Courts have awarded millions under this statute because it places absolute liability on those who control job sites.
Yes, but only through a third-party lawsuit against property owners or general contractors — not workers' compensation.
Workers' comp covers medical bills and partial wages. It never includes pain and suffering. That's why Labor Law § 240(1) and § 241(6) exist. You can pursue both simultaneously: collect workers' comp benefits while suing the property owner and general contractor for full damages.
Pain and suffering awards depend on injury severity and permanent limitations. A fractured wrist settles differently than spinal cord damage or traumatic brain injury. Courts consider physical pain, emotional impact, and how the injury affects your daily life.
Under Labor Law § 240(1), property owners face absolute liability for gravity-related accidents — scaffolding collapses, ladder falls, falling objects. The only defense is proving you were the sole proximate cause. Most construction site injuries involve multiple factors: defective equipment, inadequate safety measures, poor supervision. This liability standard significantly strengthens settlement negotiations compared to standard negligence claims.
Yes, future lost wages and diminished earning capacity are recognized categories of damages in a New York personal injury lawsuit, and they can represent a substantial portion of a scaffolding accident claim when the injury affects your ability to return to your trade. Establishing these damages typically requires vocational expert testimony, economic analysis, and medical evidence documenting the long-term functional limitations of your injury. Workers' compensation also provides ongoing wage replacement benefits for permanent partial or total disability under the Workers' Compensation Law, though the benefit structure differs significantly from what may be recoverable in a civil action.
Scaffolding cases typically resolve between 12 and 30 months, though serious injuries can extend that timeline considerably. Labor Law § 240(1) creates absolute liability for gravity-related accidents, which actually speeds up the process — defendants know they're facing near-certain exposure.
Your medical treatment drives the timeline more than legal complexities. Orthopedic injuries from scaffolding falls often require multiple surgeries. We've seen workers undergo three separate procedures over 18 months before doctors can assess permanent limitations. Settling before you reach maximum medical improvement means leaving substantial compensation behind.
Insurance carriers understand § 240(1)'s strength. When liability's clear and medical records show significant injuries, they'll often negotiate meaningfully within the first year. But we don't rush settlements to hit arbitrary deadlines — a case that takes 24 months and recovers $800,000 beats one that settles in 10 months for $400,000. The statute's on your side, so we use that leverage properly.
Yes. New York law does not condition workers' compensation eligibility or the right to bring a Labor Law lawsuit on immigration status. The New York Court of Appeals has recognized that undocumented workers are entitled to workers' compensation benefits, and the protections of Labor Law §§ 240(1) and 241(6) apply to any worker performing covered work on a covered site, regardless of documentation. If you were injured on a construction site, your immigration status does not diminish your legal rights, and an attorney can advise you on how to pursue your claim with appropriate care for your circumstances.
Whether you are classified as an independent contractor matters for workers' compensation eligibility, but it does not necessarily bar you from bringing a Labor Law claim. New York Labor Law §§ 240(1) and 241(6) extend protection to workers, laborers, and mechanics engaged in covered construction work, and courts look at the actual nature of the work performed, not just the label your employer assigned to the relationship. Misclassification of employees as independent contractors is also common on construction sites, and if the facts show you were functioning as an employee, that classification may be challenged as part of your case.
Government construction accidents trigger strict procedural requirements that destroy cases when missed. General Municipal Law § 50-e demands a Notice of Claim within 90 days of your accident — no extensions exist, regardless of how severe your injuries.
That notice can't be generic paperwork. Courts require specific details about the hazardous condition, your injuries, and exactly how the government entity's negligence caused the accident. Vague descriptions get dismissed.
Labor Law § 240(1) and § 241(6) protections don't vanish on government property. The Scaffold Law applies whether you're working on a city school or private office building. However, proving municipal liability under Labor Law § 200 often requires different evidence than private cases, since government entities frequently assert discretionary function immunity for policy decisions rather than basic safety maintenance.
You've got one year and 90 days after filing your Notice of Claim to commence litigation — considerably shorter than the standard three-year statute for private construction accidents.
Construction fatalities trigger New York's wrongful death statute, which permits surviving spouses, children, and parents to recover damages. Labor Law § 240(1) applies with full force — if scaffolding collapse or fall from height caused death, absolute liability attaches regardless of the worker's actions.
Wrongful death damages encompass lost earnings the deceased would have provided over their expected lifetime, calculated using age, income history, and work-life expectancy. You'll also recover funeral expenses and burial costs. When children survive a parent, New York allows additional recovery for loss of parental guidance.
The two-year statute of limitations runs from date of death, not accident date. Construction death cases often resolve for significant sums because § 240(1) strips away comparative fault defenses that property owners typically raise. We've handled scaffolding fatalities where liability was clear within weeks of filing suit, leading to seven-figure settlements for families facing devastating financial loss.
In most scaffolding accident cases, you have three years from the date of injury to file a personal injury lawsuit under CPLR § 214. If your claim is against a municipal or government entity, a Notice of Claim must be filed within 90 days of the accident, and the lawsuit itself must be commenced within one year and 90 days. Workers' Compensation claims carry their own separate deadlines, and missing any of these windows can permanently bar your recovery. The sooner you speak with an attorney, the more time there is to preserve evidence and build your case properly.
Contact a lawyer immediately after a scaffolding accident. Construction sites change hourly.
Evidence disappears faster than you'd expect. That defective scaffold gets dismantled by the next shift. Missing safety rails suddenly appear. Workers move between job sites across the city, making them harder to locate later. The exact conditions that caused your fall won't exist next week.
Labor Law § 240(1) cases turn on specific details — scaffold height measurements, safety equipment locations, code violations. Our investigators document everything within hours because construction crews don't wait for lawsuits. They photograph the scene, interview witnesses, and preserve physical evidence before it's gone forever.
You have three years to file under New York's statute of limitations, but waiting costs you the proof you need to win. Medical records tell part of your story. The accident scene tells the rest — if it still exists.
We treat every scaffolding case as trial-ready from the start, which means we move quickly to secure the physical evidence before it disappears: the scaffold itself, safety equipment, inspection logs, OSHA records, and any photographs or video from the site. We identify all potentially liable parties, including property owners, general contractors, and subcontractors, because Labor Law § 240(1) imposes strict liability on owners and general contractors for elevation-related injuries when adequate protection was not provided. We also work with engineering experts and safety specialists who can reconstruct what happened and explain to a jury exactly where the protection failed. Our goal is a complete factual record that gives your case the strongest possible foundation, whether it resolves before trial or goes the distance.
Evidence preservation separates construction cases from typical injury claims. Labor Law § 240(1) creates absolute liability for gravity-related hazards, but scaffolds get dismantled within days of accidents. We photograph load calculations, connection hardware, and safety equipment positioning before contractors destroy the scene. Most attorneys file paperwork while critical proof disappears.
Structural engineers matter more than medical experts in scaffold cases. Industrial Code Section 23-5.1 requires specific planking thickness and overlap measurements that insurance adjusters can't evaluate. We retain engineers who calculate weight distribution and identify code violations triggering Labor Law § 241(6) per se liability. The "sole proximate cause" defense won't work when we document multiple safety failures that contributed to your fall.
Nothing upfront. Schwartzapfel Holbrook handles scaffolding cases on contingency — we collect our fee only when you receive compensation.
Our percentage comes from your settlement or jury award, not your bank account. New York caps these rates by statute, so you know exactly what you're paying. We advance every expense during your case. Expert witnesses for fall reconstruction. Medical records from your treatment. Engineering reports on defective scaffolding. Depositions of supervisors and safety coordinators. You write zero checks while we build your claim.
No recovery means no attorney fees and no repayment of case costs. That's our risk, not yours. This arrangement works because Labor Law § 240(1) imposes absolute liability on property owners and contractors when workers fall from height. The statute doesn't require proving negligence — just that you fell and weren't provided proper safety equipment. With liability this clear-cut, contingency representation benefits everyone involved.