Scaffolding work is extremely dangerous. Construction workers operate heavy machinery high above the ground. One simple mistake can have disastrous consequences resulting in a scaffolding accident. While safety should always be the number one priority at a job site, unfortunately this is not always the case. With many workers each performing so many different activities, it can sometimes look like organized chaos. Time pressures to complete projects create the temptation to cut corners, even with safety practices. The injuries sustained from a scaffolding accident can include a brain injury, back injury, broken bones, a neck injury, or a spinal injury. In the same way that a victim of a car accident may seek damages from the negligent person through a personal injury claim the law allows victims of scaffold accidents to seek damages as well. If you suffered a scaffold accident injury such that you need a New York Lawyer, it is important that you immediately speak with an experienced Bronx Scaffold Accident Lawyer as you may be entitled to receive compensation for your financial loss, as well as pain and suffering. In addition, if during the course of the treatment for your injuries the medical staff commits medical malpractice, the party responsible for your scaffold accident injuries may be required to compensate you for the medical malpractice injury as well.New York Scaffold Law
With the safety of construction workers in mind, New York Labor Law Section 240 was created. This is referred to as the “scaffold law.” This law places strict liability on commercial property owners and general contractors if a worker is injured in a scaffolding accident. Under this law, commercial property owners and contractors who perform construction work or physical alterations to a property are under a duty to exercise care so that workers are protected from gravity related incidents. This includes falls from scaffolding, but can also include things falling on them. If a worker is injured and did not have the proper protection, the commercial property owner and the general contractor are liable.Pursuing a Claim
Even with safety measures in place, a scaffolding accident can still happen. While victims of scaffold accidents and other types of construction accidents may be entitled to compensation under New York’s workers’ compensation rules, there are some instances in which a victim would be entitled to compensation outside of a workers’ compensation award. For example, if it can be proven that third party negligence contributed to your accident, you may be able to pursue an action against other third parties such as the property owner, general contractor, or equipment manufacturer. The compensation that you may be entitled to receive includes:
- Medical Bills: Construction accidents can cause devastating injuries the cost of which can well exceed insurance limits. Through a personal injury lawsuit you may be entitled to receive compensation to cover expenses for medical treatment, surgeries, medicine and future doctor visits and care.
- Loss of Income: Because a serious injury may result in an extended recovery time during which you are unable to work, the party responsible may be ordered to pay you for the income you lost. Such compensation is not limited to the hourly wages your lost or salary that you lost. It may also include the value of the sick or vacation days that you had to use while recovering. Furthermore, if your injuries are permanent, you may be entitled to compensation for loss of future earning capacity.
- Pain and Suffering: Victims may be able to file a claim for pain and suffering caused by their injury, as well as for loss of enjoyment of life. Whether you will be entitled to receive pain and suffering damages and the amount of such damages depends on the seriousness of your injuries. .
- Wrongful Death: If a family member was killed in a scaffolding accident, you may be able to pursue damages in a wrongful death lawsuit. The claim can include reimbursement for medical bills, pain and suffering, and loss of future income.
If you or a loved one has been injured in a scaffolding accident, it is important to have experienced representation. Contact Stephen Bilkis and Associates, PLLC to discuss the details of your case. Our staff has years of experience in representing victims of scaffolding accidents as well as other types of construction accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.