Scaffolding Accident Lawyers in Westchester County, NY

New York’s Scaffold Law: Protecting Construction Workers’ Rights

New York Labor Law Section 240, commonly known as the “Scaffold Law,” provides extraordinary protection for workers injured in falls or accidents caused by unsafe scaffolding or other height-related work hazards. Unlike most states, New York places strict liability on property owners and contractors for these accidents. This means if you were injured due to a faulty or unsafe scaffold, you might have a strong case, regardless of who was directly at fault.

Scaffolding Accidents: Workers’ Comp and Lawsuits in New York

In New York, injured construction workers are generally entitled to workers’ compensation benefits after a scaffolding accident. These benefits cover medical expenses and a portion of lost wages. However, workers’ comp benefits are often limited.

Can You Sue?

New York’s scaffold law provides an additional avenue for injured workers. You may be able to file a lawsuit against the property owner, contractor, or other negligent parties, even if you are receiving workers’ compensation.

Important Considerations

Workers’ compensation may have a lien on any settlement or award you receive from a lawsuit. Consult with a scaffolding accident attorney who will determine the best strategy for maximizing your recovery.

Navigating Complex Cases: How a Scaffolding Accident Lawyer Can Help

Construction accident cases, especially those involving scaffolding, can be incredibly complex. Our skilled scaffolding accident attorneys help you in several critical ways:

• Investigating the Accident: We thoroughly gather evidence, identify liable parties, and consult with experts to build the strongest possible case.
• Handling Insurance Companies: We deal with insurance adjusters, protecting you from aggressive tactics and fighting for fair settlement offers.
• Navigating the Legal System: We guide you through the claims process, explain your rights, and represent you in court if necessary.
• Maximizing Your Compensation: We understand the full range of damages you may be entitled to, including medical expenses, lost wages, and pain and suffering.

Don’t face the legal system alone. An experienced scaffolding accident attorney is your advocate, helping you secure the justice and compensation you deserve.

No Upfront Costs: How Contingency Fees Work for Scaffolding Accident

We understand that after a serious scaffolding accident, financial worries are a major source of stress. That’s why most scaffolding accident lawyers, including those at our firm, work on a contingency fee basis. This means:

• You Pay Nothing Out of Pocket: You won't pay any upfront fees or costs to hire our attorneys.
• We Get Paid Only If You Win: Our fee is a percentage of the compensation we secure for you, whether through settlement or a court verdict.
• Free Consultations: We offer free initial consultations to discuss your case and explain how our fees work in detail.

This system allows injured workers and their families to access top legal representation without worrying about out-of-pocket costs. It also aligns our interests with yours — we are fully motivated to fight for the maximum compensation possible.

Ready to Fight for Your Rights? Start Your Journey to Justice Today

Don’t wait to seek the legal guidance you need. Our scaffolding accident attorneys are ready to fight for your rights and help you secure the compensation you deserve. Contact us today for a free consultation and take the first step on your path to justice.

GET FREE CASE REVIEW

Devastating Injuries Caused by Scaffolding and Ladder Falls

Scaffolding and ladder falls can result in life-altering injuries, including:

Broken Bones

Falls from heights often lead to fractures in the arms, legs, ribs, and pelvis. These injuries can require surgery and rehabilitation and may cause ongoing pain or disability.

Spine Injuries

The force of impact can cause severe damage to the spinal cord, potentially leading to paralysis, loss of sensation, and other life-changing complications.

Brain Injuries

Even with protective gear, victims can suffer concussions, skull fractures, or brain bleeds. TBIs can have long-term consequences for cognitive function, memory, and personality.

Knee Injuries

Ligament tears, meniscus damage, and fractures to the kneecap can result from the impact and awkward landings that occur in these incidents. Knee injuries can lead to chronic pain, instability, and limited range of motion.

Internal Injuries

Falls can cause rupturing of organs or internal bleeding, creating potentially fatal medical emergencies.

Other Injuries

Depending on the circumstances of the fall, victims might also experience severe lacerations, amputations, or crush injuries.

It’s crucial to seek immediate medical attention after a scaffolding or ladder fall, even if your injuries don’t seem severe at first. The attorneys at Tomkiel & Tomkiel can consult medical experts and other professionals to strengthen your case and help them accurately assess your claim’s value.

Why Do Scaffolding Accidents Happen? Understanding the Causes

Scaffolding accidents occur for a variety of reasons, but some of the most common causes include:

Unsafe Scaffolding Setup

Improperly assembled scaffolds, missing components, or the use of damaged equipment can lead to collapses or falls.

Lack of Fall Protection

Inadequate guardrails, personal fall arrest systems, or safety nets leave workers vulnerable to dangerous falls.

Falling Objects

Tools, materials, or debris falling from scaffolds can cause severe injuries to those below.

Defective Equipment

Malfunctioning hoists, winches, or other scaffold components may cause accidents or unexpected movement of the work platform.

Unsafe Work Practices

Failure to follow safety protocols, overloading scaffolds, and working in hazardous weather conditions increase the risk of accidents.

Lack of Supervision or Training

Insufficient oversight of workers or inadequate training in scaffold safety procedures can contribute to preventable accidents.

Employers and contractors have a responsibility to ensure a safe work environment for all construction workers.

Who Is Liable for Scaffold Accidents?

According to New York’s scaffold law, the negligent party is held responsible for your injuries and resulting damages, even if they weren’t directly negligent.

The potentially liable parties include:

Property Owners

The owner of the building or land where the construction work is occurring.

General Contractors

‍The company overseeing the entire construction project.

Subcontractors

‍Companies hired to perform specific tasks, including scaffolding setup.‍

Equipment Manufacturers

‍In rare cases, the manufacturer of faulty scaffolding components could potentially be liable.

If you’ve been injured in a scaffolding accident, understanding who is liable is crucial for securing the compensation you deserve. Our skilled scaffolding accident attorneys will thoroughly investigate the circumstances of your Westchester accident to identify all potentially liable parties. 

What Damages Can You Claim in a Westchester Scaffolding Accident Lawsuit?

After a serious scaffolding accident, you may be entitled to significant awards to help cover the costs and long-term impact of your injuries. These damages can be divided into two main categories:

Economic damages are intended to compensate you for tangible losses, including:

Medical Expenses

All past and future medical costs related to your accident, including hospital stays, surgeries, rehabilitation, medications, and assistive devices.

Lost Wages

Compensation for income you've lost due to being unable to work.

Lost Earning Capacity

If your injuries permanently impact your ability to earn the same income, you may be compensated for this reduced capacity.

The other category of damages is known as non-economic damages. These are used to compensate you for non-tangible losses, such as:

Pain and Suffering

Compensation for the physical pain and emotional distress resulting from the accident.

Loss of Enjoyment of Life

Acknowledges the impact of your injuries on your daily activities, hobbies, and relationships.

Other Intangible Losses

Depending on your case, this may include money for disfigurement, loss of consortium, and other hardships.

The amount of compensation you may be entitled to will depend on the severity of your injuries, the long-term consequences, and your financial losses. We fight to secure the maximum possible award to help you on your road to recovery.

Critical Steps to Take After a Scaffolding Accident

Taking the right steps immediately following the incident can help you protect your health and your rights.

• Seek Immediate Medical Attention: Even if your injuries seem minor, get a thorough medical evaluation; some serious injuries, like internal bleeding or head trauma, might not have obvious symptoms right away.‍
• Report the Accident: Notify your supervisor or the site foreman immediately, and make sure an official accident report is filed.‍
• Document Everything: If possible, take photos of the accident scene, the scaffold, and your injuries, and write down the names and contact information of any witnesses.‍
• Do Not Sign Anything: Although insurance adjusters may pressure you to sign statements or releases, do not sign anything without consulting an attorney first.‍
• Contact an Experienced Scaffolding Accident Lawyer: A lawyer will protect your rights and handle all communications with insurance companies.

Your health and well-being are the top priority. These steps will also help preserve evidence and strengthen your potential legal case.

Scaffolding Accidents and Strict Liability: You Have Rights Regardless of Fault

New York's Scaffold Law provides strong protections for workers injured in scaffolding accidents. Under this law, contractors and property owners are held strictly liable for gravity-related injuries sustained by workers on scaffolds, regardless of the worker's own negligence or fault.

This means that even if you were partially at fault for the accident, you still have the right to pursue full compensation for your injuries. The Scaffold Law recognizes the inherent dangers of working at heights and places the responsibility for ensuring safety on the contractors and property owners.

Don’t Delay: Deadlines for Filing a Scaffolding Accident Claim in NY

In New York, there are strict deadlines, known as statutes of limitations, for filing lawsuits after a scaffolding accident. It’s crucial to act quickly to protect your right to damages.

General Deadline

The statute of limitations for most scaffolding accident lawsuits is three years from the date of the accident. This means you must file your lawsuit within this timeframe.

Exceptions and Nuances

If the injured person is a minor, the clock may not start until they reach 18. Deadlines can also be much shorter if the liable party is a city, county, or other government entity.

Why You Shouldn’t Wait

Even if the deadline seems far away, it’s best to consult an attorney as soon as possible. Reasons to act quickly include:

• Preserving Evidence: Evidence deteriorates over time, and witness memories fade.
• Maximizing Your Award: A prompt investigation can help build a stronger case.
• Medical Care: We may help locate additional resources to aid in your recovery process.

It’s a good idea to bring any documentation you have gathered to your initial consultation to help your lawyer learn about your case. Medical records, photos of the scene of the accident, and paperwork filed by your employer may all be useful evidence.