Tall scaffolds surrounding buildings is a common sight in New York. They’re needed to build and maintain structures, but people get injured every day using these devices. They’re dangerous to workers and passersby unless they’re properly installed, used, and maintained. The consequences of a scaffold accident can be catastrophic.
If you’ve been in a scaffold accident, speak to the scaffolding injury lawyers at Morelli Law. We can help you learn your legal options for compensation. One call to us can help you get justice for what happened. You could receive cash from both workers’ compensation and a lawsuit if your case qualifies.
New York Scaffold Accident Law
Special laws cover scaffold accidents and any other accident involving gravity in New York. These labor laws may permit you to get compensation through a lawsuit even if you have filed for workers’ compensation.
Labor Law 240 is the primary law covering scaffolds, lifts, and other workplace devices that lift people and objects off the ground. It makes contractors and owners liable if someone gets hurt falling off one or if an object falls and hits someone.
However, to claim compensation under this law you will need the help of a scaffolding injury lawyer familiar with it. The team to turn to in Long Beach, NY, is Morelli Law. We’ve helped victims recover over one billion dollars in compensation for personal injury.
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Workers’ Compensation and Scaffold Accidents
In any workplace accident, the first place to turn for help is workers’ compensation. This program gets injured workers money for their injuries quickly without the hassle of going to court or proving that their employer negligently harmed them. However, this system has some flaws.
Through workers’ compensation, you can get money for your medical bills, a percentage of your wages, and a few other benefits if you cannot return to your old position. Yet there are many other damages you could get through a lawsuit, like pain and suffering.
Fall accidents often have longer recovery times than other workplace accidents, and many scaffold accidents are fatal. Workers’ compensation might not be enough. That’s why you should speak with our scaffold accident lawyers in Long Beach, NY, to see if you can also qualify for a lawsuit.
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We Can Help You Even if You Don’t Sue
Workers’ compensation requires you to fill out a claim form for the Workers’ Compensation Board. Many workers don’t know how to fill out the form to maximize their compensation. You could get less than you’re owed or even get your claim denied if there is an error.
If you’ve been rejected for workers’ compensation or got approved for too little, you can appeal their ruling with the help of Morelli Law. Our lawyers can help you improve your claim and represent you if you’re called to go to a hearing.
Call our offices as soon as you know that they denied your claim. You have a tiny window of time to appeal your case, and your lawyer needs time to do their own investigation before the legal deadlines are crossed.
Who Gets Sued if I Can’t Sue My Employer?
Another limitation of workers’ compensation is that you’re not allowed to sue your employer. So who do you sue if you get harmed in a scaffold accident at work? Other owners and contractors at your job site may share in the responsibility for your accident.
For example, a general contractor you work for may hire out the job of setting up a scaffold to another company. You could sue the other company. The owner of the scaffolding or the building could also be responsible.
What makes New York’s labor laws so beneficial to workers in scaffold accidents is that the bar for proving negligence is much lower than other personal injury cases. Our scaffolding accident attorneys in Long Beach, NY, can tell you if your case qualifies.
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Will I Need to Go to Court to Win?
The process of a lawsuit starts with building a case and presenting it to whoever is responsible for paying for it, usually an insurer of the defendant. Your lawyer and the insurer will start a negotiation process to attempt to arrive at a settlement figure that’s fair based on the evidence.
It’s pretty rare for these cases to go all the way to trial.Most personal injury cases will settle before a formal lawsuit gets filed, around 85%. Another 10% will start the process and then settle before the day of the trial. Only that last 5% will see a courtroom.
While there are some advantages to taking a case all the way to court, there are some strong disadvantages. Once the trial starts, the outcome is in the hands of the judge and the jury. We will strive hard to persuade them to see things your way, but there’s always the chance you could lose your case and get nothing.
What Else Do I Need to Know About Working With You?
There are legal deadlines you have to meet to pursue either workers’ compensation or a lawsuit. Once you pass the deadlines, known as the statute of limitations, you cannot make a claim. Therefore, you should speak with a scaffold accident attorney in Long Beach, NY as soon as possible after you’re hurt.
You do not have to worry about paying your lawyer until you receive compensation. You do not have to worry about your current financial situation before approaching us. When you come to us for a consultation, we will explain how our fees work.
Finally, we want you to feel comfortable and confident about our ability to represent you. We encourage you to ask us questions during your consultation about past scaffold accidents and how our processes work.
Contact Our Scaffold Accident Lawyers in Long Beach, NY
If you’re worried about workers’ compensation after your scaffold accident, or wonder if you could get more, find out with one phone call to Morelli Law. A scaffold accident lawyer in Long Beach, NY from our team can help you with any personal injury situation.
Don’t suffer the consequences of someone else’s mistakes. Find out your legal options now by clicking the request case evaluation link or by calling the number on your screen. Your initial consultation is free and without obligation. Let’s discuss your options.