Over $500 Million in Verdicts & Settlements for Our Clients
The Law Offices of Michael S. Lamonsoff employs an unrelenting approach to get our clients the justice they deserve. Our falling from high heights lawyers will employ vigorous negotiation tactics to produce a successful settlement, or we will take your case all the way to trial. In either case, we have won exceptional awards for our clients who were victims of falling from high heights.
$6,500,000 settlement awarded to a union construction worker who fell from an unsecured ladder which resulted in a leg fracture and spinal injuries.
$3,100,000 awarded to a union construction worker injured in a fall.
$3,000,000 obtained for a laborer who was injured when he fell from an 18-foot ladder that was not secured properly.
$2,350,000 awarded to a construction laborer that sustained serious injuries when he fell into an unprotected hole at a jobsite.
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Who’s liable for my injuries?
In New York State, it can be difficult to determine which party is liable for an injury resulting from a falling from heights accident. Property owners, construction companies, and general contractors or subcontractors can all be held responsible for your injuries. In accordance with New York Labor Law 240—which is a labor law in New York State that protects workers from fall-related accidents—these third parties may be strictly responsible for any injuries a worker sustains resulting from the fall. The attorneys at the Law Offices of Michael S. Lamonsoff will do a full evaluation of your case, determine who is liable, and hold them accountable.
What are the common causes for falling from high heights accidents? Can I bring a lawsuit?
If you are the victim of a fall at a construction site, you absolutely can bring a lawsuit. There are a large number of causes of fall-related accidents. The most common causes include:
There can be many different types of issues with floorings, such as unsecured boards in flooring that is temporary, improperly supported flooring, and even holes in the flooring itself.
Improperly constructed scaffolding is a leading cause of injury resulting in a fall from high heights. In addition, the lack of guardrails or handrails, which are typically required on many scaffolds, can result in a fall.
Ladder falls can occur when the ladder is not properly secured against a structure, the ladder is too short or too long, or there is a slippery substance on one of the ladder’s steps. All of these issues could result in a devastating fall from high heights.
Trip or slip and falls on debris or equipment
Unfortunately, many construction workers will trip or slip and fall on debris or equipment on a job site that results in a fall from a high height. Many times, rope, oil, tools, garbage, and piles of rock are items that a worker will trip or slip and fall on.
New York’s labor laws and how they protect construction workers who have fallen from a high height
New York State is unique in that it is the only state that will automatically place the responsibility on a contractor, property owner, and their agents for injuries sustained by a worker as a result of a construction accident. Specifically, New York Labor Law 240 was enacted to ensure that construction workers who are injured from a “gravity-related event” or “elevated risk,” such as falling from a high height or even being struck by a falling object, can be compensated. If you fall from a height on a construction site and are injured, there can be a claim brought against the responsible party, or parties, in accordance with New York Labor Law 240, and you should immediately call the Law Offices of Michael S. Lamonsoff.
New York Labor Law 240 was created to protect all sorts of workers performing many different jobs on construction sites. It applies to commercial buildings, apartment buildings, and buildings that consist of three or more family homes, with the construction work being done on a structure, such as a building, tower, garage, bridge, subway or railroad tunnel, and even a boat. New York Labor Law 240 even covers the erection, demolition, repairing, altering, painting, cleaning, pointing of a building, and erection of scaffolding, hoists, stays, ladders, slings, handlers, blocks, pulleys, braces, irons, ropes, and other devices.
Along with New York Labor Law 240, New York State enacted another powerful labor law known as New York Labor Law 241(6). Under New York Labor Law 241(6), there is a strict duty imposed on property owners, contractors, architects, and even manufacturers of equipment mandating that all New York State Industrial Code provisions are being complied with. One of the more common rules of the New York State Industrial Code that is violated is Rule 23.
What kind of damages can be recovered in a falling from high heights lawsuit?
The main three types of damages that can be recovered in a falling from high heights lawsuit include:
This type of compensation is meant to consist of medical bills that you have already paid or incurred, as well as an estimate of any future medical costs that are related to injuries sustained in the accident.
This type of compensation involves any time you missed from work while recovering from your injuries, in addition to an estimate of wages you may miss out on in the future as a result of your injuries.
Pain and Suffering
This financial award is broken down into two parts. Past pain and suffering describe recovery for any pain and suffering that you have already endured as a result of the injuries sustained in a falling from high heights accident. Future pain and suffering are a recovery for any ongoing physical and mental trauma that you will endure due to these injuries.
In New York, why do the laws favor the employee?
New York Labor Law 240, also commonly known as the Scaffold Law, is very protective over falling workers in the construction industry. Those responsible for establishing and supervising the worksite are required to provide certain safety gear to and/or take specific precautions for employees working at heights. Usually, accidents happen either when that equipment fails or when the employer fails to provide it all together.
Most of the New York Labor laws stem from the massive growth of New York City that took place in the late 19th and early 20th centuries. Skyscrapers and large buildings began to be constructed in large quantities, and a need to protect these construction workers from catastrophic injury started to become apparent. Over the years, the New York State Labor Laws have evolved into what are typically described as some of the toughest in the country.
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. New York lawmakers are aware of this unfortunate fact, which is one of the main reasons they are the only state in the United States of America that will automatically hold all contractors, property owners, and their agents responsible (or liable) for injuries sustained by a worker as a result of a construction accident. Due to the existence of these labor laws, construction companies and property owners are forced to abide by these rules or face severe consequences. However, there are still violations on a daily basis that result in serious injuries of construction workers, which is why it is crucial these victims call the Law Offices of Michael S. Lamonsoff to make sure they are properly held accountable.
Contact us for help with your construction fall claim
Schedule a free consultation with the Law Offices of Michael S. Lamonsoff. We will do whatever is necessary to get the rightful and just compensation you deserve.
Contact our office at 212- 962-1020 for a FREE CONSULTATION any time.