Falls from a height are one of the top causes of construction injuries and fatalities across the country. New York has so many tall buildings that they’ve passed special laws for fall accidents. If you’ve fallen from a construction structure or something fell off and hit you, you may be eligible for compensation.
Morelli Law helps accident victims in New Rochelle get compensation for scaffold accidents. Our firm has a proven track record of success against large construction companies. Our scaffolding injury lawyers are not afraid to hold them accountable if you’ve been hurt in an accident.
New York Labor Law 240 and Scaffolding
In other states, a fall from workplace scaffolding would mean a call to their employer’s workers’ compensation insurer. That still happens in New York, but Labor Law 240 adds a further layer of protection for workers in gravity-based accidents.
The law explains what responsibilities owners and contractors have when using elevation equipment on a job site. The devices must be constructed, placed, and operated safely. There are very few exceptions to this rule, mostly single-story family homes.
If an employer creates a gravity-based accident through their negligence, it may be possible to sue them directly under this law. If the lawsuit succeeds, the employer will probably face 100% liability by default, so long as the current court precedent stands.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
How Do I Win Under Labor Law 240?
To make a successful claim under Labor Law 240, you must prove three things:
- There was an owner or a general contractor responsible for the project you were working on
- You have to work for them at the time of the accident doing “erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure.”
- The accident has to be related to gravity. You must fall or something must fall to cause the accident
How Does Workers’ Compensation Apply?
The first line of defense for an injured worker is still workers’ compensation. Our scaffolding accident attorneys in New Rochelle, NY, can help you create your claim or defend you at your hearing to help you get all the owed compensation you need.
Usually, taking workers’ compensation would bar you from suing anyone, but Labor Law 240 may offer a route to sue another party for the same accident. By doing this, you can get compensation above and beyond the limits of workers’ compensation, including non-economic damages.
A scaffold accident attorney in New Rochelle, NY from Morelli Law can tell you if this is an option for you and help you construct a lawsuit to get additional compensation beyond workers’ comp. Call our law offices for a consultation to see if your case qualifies.
My Loved One Died in a Scaffolding Accident
Falls from a height are a top killer in construction and warehouse jobs. If you’ve lost a loved one in a scaffolding accident, first let us express our sincere condolences. You could be eligible to file a wrongful death claim on behalf of your loved one.
New York has strict laws about who can file these claims, but we can help you navigate the process. The money from a wrongful death claim can help you pay for your loved one’s final expenses and cushion the economic blow of losing a loved one.
I Was Hit by a Falling Object. Can I Sue?
If you are not a worker and something falls off of a scaffold to hit you, you can sue for that, but not under Labor Law 240. Instead, you would file a personal injury claim as normal. Morelli Law can help you learn which insurance coverages at the job site might cover you and help you make a claim.
What Are My Options for Compensation?
Our scaffolding accident attorneys in New Rochelle, NY, can help you file a claim to pay for the damages you’ve suffered after your scaffold accident. These damages are divided into financial, non-financial, and punitive damages.
Financial damages are all the costs associated with caring for your injury, plus any money lost from work because you were in recovery or because you can’t work anymore. Medical expenses and lost wages are the most common economic damages.
Non-economic damages are things like pain and suffering, loss of enjoyment of life, and others that pay for non-tangible damages done to you because of the accident. Punitive damages are a punishment by courts against grossly negligent defendants that give you money above and beyond your claim.
How Soon Must I File My Claim?
Under workers’ compensation, you have 30 days to notify your employer of your injury, and then you have two years to file your claim with the board. Ideally, you want to notify your employer the same day as your injury and then see a doctor within 24 hours.
If you plan to sue, then you have a three-year statute of limitations to start your personal injury claim. If you go beyond this deadline, then the court can dismiss your case for taking too long to file.
As soon as you’ve recovered enough to hold a conversation, we encourage you to speak with a scaffold accident lawyer in New Rochelle, NY, about your situation.
Contact Morelli Law About Your Scaffold Accident
Scaffolding accidents can leave you with a lifelong disability. Turn to the law firm that has helped its clients get over $1 billion in compensation. Turn to Morelli Law. We have scaffold accident attorneys in New Rochelle ready to help you with your claim.
Call to get a free consultation and learn your options for getting workers’ compensation or suing under Labor Law 240. You can dial the number on your screen or click the button marked free case evaluation to schedule a consultation appointment.