New York Construction Accident Lawyers for Those
Who Have Fallen From Heights On Construction Sites
The individuals working at heights on New York construction sites have an increased risk of serious or fatal injury. The number of deaths from falls in construction seems to rise every year. As the population booms, we build things higher and higher, from buildings to bridges and everything in between. Working on a high-rise construction project virtually ensures that you will be working up in the air at some point. You may find yourself on a ladder, on scaffolding, or even on an upper level that lacks walls and guard rails. This is a dangerous situation for even the highest trained professionals, and unfortunately, accidents can happen. Sometimes those accidents occur because the worker lacked adequate fall protection training or sometimes there may be a third party who is responsible. If you suffered a serious injury because you found yourself working at heights on a New York construction site and you suffered a fall,
The Law Offices of Michael S. Lamonsoff, PLLC, can help. Our attorneys have more than a century of combined experience fighting for the rights of injury victims. We have a comprehensive approach that has allowed us to win some of the largest verdicts and settlements in New York over the last two decades, and we will put it to work for you.
What causes a New York construction accident fall?
Any number of things can cause someone who is working at heights to lose footing and fall. Inclement weather and a lack of fall protection training play a big role. A lack of safety precautions, such as guard rails on high floors, can also be contributing factors. Workers can fall through a hole or opening in an unfinished floor; they can fall off of ladders or scaffolding, and even out of hoist buckets. Falls from heights are considered one of the ‘fatal four’ dangers in the construction industry.
What if I am partially to blame for my accident?
New York Labor Law, section 240 is very protective over falling workers in the construction industry. In most cases, even if you were partially to blame for your accident you may be able to recover damages. If you were 100% responsible that is not the case, but your ability to recover damages is not lost just because you share part of the blame. There are many instances where the general contractor or the owner of the worksite may be held liable for injuries sustained by someone working at heights. The attorneys at The Law Offices of Michael S. Lamonsoff, PLLC, are very well versed in New York labor laws and have extensive experience with construction site accidents.
Why do the laws favor the employee?
On a New York construction site, state and federal laws both require the employer to provide certain safety gear to and /or take specific precautions for employees working at heights. Many of these accidents happen either when that equipment fails, or when the employer fails to provide it altogether. Unfortunately, there are still many people and/or companies that will cut corners in order to save money and in some instances that can result in serious or fatal injury.
Who is responsible for ensuring safe conditions on a construction site?
This answer will vary with the location of the site and the type of work being performed. The property owner, your employer, and the general contractor are almost always responsible for safety conditions on the worksite. If safety inspectors are present, they are also partially responsible for the safety conditions. The amount of each party’s liability varies and is usually determined with each case.
Can I be awarded damages even if I collect workers’ compensation?
In many cases, the answer is yes. If you are collecting workers’ compensation benefits, you will not be able to pursue a civil claim against your employer. However, there is often another party who is at least partially liable for your accident, and you will be able to pursue a claim for damages against them. This may be another contractor on the job, the manufacturer of certain equipment, or even the property owner. The circumstances of your case will help determine who is liable, and an experienced construction accident attorney can conduct a thorough investigation to further determine fault.
What type of damages can I be awarded?
Workers’ compensation primarily pays medical expenses and some lost wages, but those resources can be exhausted quickly with a serious injury. An additional claim can help you obtain money for past and future medical expenses, lost wages, loss of earning capacity, pain and suffering and more depending on the circumstances of your specific case.
Can I still pursue a construction accident claim if I have gone back to work?
Sometimes you can. If your injuries are preventing you from doing the same kind of work you did before and you are not able to earn as much money, then you can probably still pursue a claim. If you have been forced to take a position that does not offer the same potential for advancement and salary increases down the road, this is a good indicator that you can probably still pursue a claim.
Why do I need construction accident attorney to pursue a claim after I sustain injuries from working at heights?
These types of cases have a tendency to get very complex. People often do not want to take responsibility for their part in someone else’s accident. An experienced attorney will have access to information that may help your case. Additionally, they will have the ability to conduct a thorough investigation which could uncover crucial evidence to support your claim and lead to a positive outcome. Insurance adjusters are in the business of minimizing claims, not paying them. Don’t let them do that to you. Seek experienced legal counsel as soon as you are able to; this will help preserve your rights to financial compensation. No amount of compensation can repay you for the serious injuries you have suffered and the turmoil that your family has endured, but they can help ease the financial burden.
Call a New York construction accident lawyer who protects the rights of fall victims on construction sites
The Law Offices of Michael S. Lamonsoff, PLLC, has a proven track record of success in New York courtrooms. We use a comprehensive approach to construction accident cases involving victims who fell while working at heights and sustained serious injuries. Our attorneys have more than a century of combined experience ready to go to work for you. We will work closely with experts in the field and investigate diligently to uncover the truth. Our goal is to ensure your satisfaction and help you recover the greatest amount of financial compensation available in your case. The Law Offices of Michael S. Lamonsoff, PLLC will fight fiercely for your rights as a victim and represent your best interests so that you can concentrate on recovering. If you or a loved one has suffered needlessly as a result of a serious injury from a fall on a New York construction site, call our office immediately. You can call the toll free number at (877) 675-4529 to set up your initial consultation, or you can fill out our easy consultation request form and we will reach out to you shortly.