You might walk by them every day without noticing them, but scaffolds are everywhere in Brooklyn. Workers have to climb them every day to repair or build structures, and every day, people get injured across the nation falling from these structures.
If you’ve been involved in a scaffold accident, or lost a loved one because of one, our scaffolding injury lawyers at Morelli Law can help you get compensation for what happened. You could be owed more than you think, and you might be able to sue even after getting workers’ compensation.
Labor Law 240 and Scaffold Accidents
In almost all cases, if a worker is injured on the job then they cannot file a lawsuit and get workers’ compensation at the same time. However, New York has an exception to this rule for gravity-based accidents, including scaffold accidents.
You cannot sue your employer after taking worker’s compensation, but there may be a third party that you can sue under Labor Law 240. This law makes most contractors and owners absolutely liable for injuries caused by scaffold accidents.
Our scaffold accident attorneys in Brooklyn can explore if you can sue under this law. If you can, then you could get compensation above and beyond the limits of workers’ compensation. Since the consequences of scaffold accidents are so expensive, it’s worth the time to find out if you can get more money through a lawsuit.
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Consequences of Scaffold Accidents
Compared to other construction accidents, scaffold accidents usually have worse outcomes. A fall is one of the most dangerous injuries a person can have. The higher the fall, the worse the damage. Any fall above 30 feet is usually fatal and many scaffolds in Brooklyn go much higher than that.
You could find yourself unable to work anymore, or face weeks of recovery before you’re cleared for work. You’ll also face huge medical bills, and likely a lot of pain and suffering. Common injuries from scaffold accidents include broken bones, lacerations, traumatic brain injury, internal injuries, and more.
There is also the chance of death. If you have lost a loved one because of a scaffold accident, Morelli Law can help you claim compensation through a wrongful death lawsuit or the workers’ compensation system by claiming survivor benefits.
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How Do I Win a Scaffold Accident Lawsuit?
If you are not filing a claim under Labor Law 240, for instance, if you were a bystander and got hit by something, then you win your claim like other personal injury lawsuits. A lawyer has to prove that someone harmed you through negligence or deliberate action.
Labor Law 240 has a much lower threshold for proving someone owes you compensation, but there are also strict limits on who it applies to. For instance, one and two-family homeowners are not liable under the law unless they assume control of how the job is done or supervised.
The intricacies of Labor Law 240 are best left to your lawyer, but if you qualify for a lawsuit under that law, or a related labor law, then winning your case will be straightforward compared to a traditional lawsuit. One simple talk with a scaffold accident lawyer in Brooklyn can clear your questions.
Compensation in Scaffold Accidents
If you file under workers’ compensation, you can only get some of your potential damages under that system. You can get paid for your medical bills, part of your lost wages, and vocational rehabilitation if you cannot work anymore. You could also receive disability payments.
Suing can get you the rest of your lost wages, plus plenty of other economic and non-economic damages like pain and suffering. Part of your attorney’s job is figuring out how much your case is worth based on the evidence. It could be worth more than you think.
Also, in rare cases, a scaffold accident may qualify for punitive damages. This is done when the negligent act is so beyond the norm that the courts decide it’s worthy of punishment. The court will award you more money beyond your damages to deter others from committing similar negligent acts in the future.
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Do I Need a Lawyer if I’m Only Getting Workers’ Compensation?
That depends. You do not need a lawyer to file a workers’ compensation claim, but you may need one to file a good one. Minor errors in your claim form could make you lose a lot of money, or even deny you compensation. However, if your claim is accepted and the amount of money seems reasonable to you, then you don’t need one.
If you don’t get what you think you deserve, or if your claim is denied, then you need a lawyer to help you with your appeal as soon as possible. Morelli Law’s scaffold accident attorneys in Brooklyn can represent you during your workers’ comp hearing, and can tell you if you can get additional compensation through a lawsuit.
When Do I Need to File a Lawsuit?
If you intend to sue, you will need the help of a lawyer. Once you’ve been diagnosed with an injury, it’s time to contact one. The sooner you start, the better chance you’ll have of getting an outcome you want.
If you wait too long, you could break the statute of limitations. That will remove all chances of getting compensation. Most scaffold injury victims work with a lawyer far sooner than that though, but it’s important to know in case you have a long recovery period in the hospital (e.g., a coma).
Starting early gives your lawyer time to build a strong case before you have to go to trial. If the evidence is in your favor, you may not have to go to court at all. Going to court involves a lot of risk and costs for both sides. Only a small percentage of cases actually make it to the courtroom instead of settling.
Get Help With Your Scaffold Accident Case
Were you hurt in a Brooklyn scaffold accident? Go with the experienced personal injury team of Morelli Law. We’ve helped our clients secure over a billion dollars in compensation. Now it’s your turn to get money you’re owed after an accident.
Get your case started with a free case evaluation. Call the number on your screen or email us through our contact page. Get the justice you deserve after a scaffold accident. Call today.