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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.

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:

Medical Bills

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.

Lost Wages

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. 

Contact us for help with your construction fall claim

Schedule a free consultation with an experienced falls from heights accident attorney in New York at 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.

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