Every day, people in the building trades climb ladders, scaffolds, lifts, and similar devices to work on tall buildings. It’s dangerous work. A fall off of a scaffold can permanently injure or kill a worker. Safety is paramount, yet workers still get injured because of negligence.
If you’ve fallen off of a scaffold, or something fell off one and hit you, Morelli Law can help you claim workers’ compensation and sue under New York Labor Law 240. Our scaffold accident injury attorneys on Long Island, NY, can explain your legal options.
Getting Compensation as a Worker
If you get in a scaffold accident and you’re on the clock, your first and fastest option for compensation is to file a workers’ compensation claim. You have to report your accident to your employer and then fill out the claim paperwork. A scaffolding injury lawyer can help you build your workers’ comp case or represent you if your claim gets denied or is too low.
You could also be able to file a separate lawsuit against a third party using New York Labor Law 240. This makes owners and contractors absolutely liable for injuries involving gravity-related accidents. Proving fault in these cases is easier than other personal injury lawsuits.
You cannot both sue and file workers’ comp against the same company. Workers’ comp is a replacement for suing your employer and it’s a much faster process, but you cannot get as much compensation as you could with a lawsuit. Taking both routes can maximize your compensation, but you’ll need a scaffold accident attorney on Long Island, NY to help you.
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Getting Compensation as a Bystander
Construction crews can’t impede people from using buildings or walking by, but sometimes things fall off of scaffolds and strike victims just going about their day. They cannot get compensation under workers’ comp, but they can file a traditional lawsuit.
Like with workers, Labor Law 240 may come into play and make it easier to win your case. Morelli Law is familiar with this law and how the court has interpreted it over the years. We know what the court would need to see for you to win your case, and how to prove we can do it to insurers.
Even a small tool can crack a skull if it falls down from a tall height, and pedestrians don’t wear hard hats during the day. If a falling object has harmed you while you’re walking past a construction site, you probably have a strong case and we can help you get compensation.
I Lost a Loved One in a Scaffold Accident
Any fall above 30 feet is usually fatal, and workers on Long Island climb higher than that every day to work on tall buildings. Dozens of workers die each year in scaffold falls. If you’re a survivor, you could be able to claim compensation through a wrongful death claim.
Morelli Law can help you sue a construction company for wrongful death. Again, Labor Law 240 may come into play. Poor safety equipment or improper installation may have played a role in their death, and these would make the owner or contractor liable for damages.
We encourage you to speak with us as soon as possible if you feel you have a wrongful death claim. The deadline for suing for wrongful death is shorter than for accidents and only certain people can file these claims. Starting early will give you and your lawyer enough time to do the job right.
How Does a Scaffold Accident Lawyer Help Me?
Even though the laws are clear about who is ultimately responsible for scaffold accidents, insurance companies don’t want to pay out what they should. They’re in the business of making money, not protecting victims from the consequences of devastating accidents.
By working with a scaffolding accident attorney on Long Island, you get a legal expert who can call out the insurance company’s tactics and make them play by the rules. If they don’t, your lawyer can take them to court where they could lose far more than if they just paid what you’re owed.
Even the workers’ compensation system sometimes avoids paying victims what they’re truly owed, and most victims do not have the capacity or the knowledge to get all the evidence they need and put it together into a strong case. Bottom line, if you don’t have a scaffold accident attorney then you could lose significant compensation.
Reasons You’ll Get Compensation
The top economic losses from injuries are medical bills and lost wages. These and similar costs of your accident are called economic damages. When you make a claim, you have to present evidence of these. One way a lawyer helps you is by pointing out ways you could get compensation that you missed and finding evidence to prove it.
If you are eligible to file a third-party claim, you could also get non-economic damages like pain and suffering, disability, disfigurement, and more. These damages do not have a fixed dollar amount. Lawyers have to argue for these, but they could be worth much more than your economic losses.
Finally, in cases of gross negligence like a scaffold collapse, the defendant may be ordered to pay you extra money by the court. This is called punitive damages. We can ask a judge or jury to award them, but it is up to them if you’ll receive them and how much they’d be.
How Are Scaffold Accident Attorneys Compensated?
Cynical people will say that lawyers get more money from settlements and then snatch it away with fees. Any lawyer worth their money will get you more money than you would on your own.
Also, personal injury attorneys work on a contingency basis. They only get paid if you win compensation and they take a reasonable percentage of the final winnings, based on the difficulty of the case. You should ask your scaffold accident attorney in Long Island, NY what their contingency rates are during the consultation.
The more your lawyer raises your settlement, the more they’ll get paid in the end. So that motivates lawyers to do the best job possible for their clients. The contingency fee system also means anyone, regardless of income, can pursue a personal injury lawsuit.
Speak with a Scaffold Accident Lawyer on Long Island
The best way to learn how we can help you after your accident is to call us for a free case evaluation. Our lawyers will listen to your story and explain what your legal options are and your chances of winning a lawsuit, if one is possible for you.
All consultations are absolutely free and without obligation. Let us make the case to you why we’re the team to go with for your scaffold accident. Call Morelli Law at the number on your screen or click the request case evaluation button to schedule an appointment.