Scaffolding collapses can cause terrible injuries or death to construction workers. If you’ve been injured or lost someone you love in a scaffolding collapse, you may need an attorney.
Your employer has a responsibility to provide you with a safe work environment. New York labor laws specify that scaffolding must meet certain safety standards. NY Labor Law 240 requires safety rails on scaffolds that are more than 20 feet high. The law mandates the weight capacity of scaffolding, requiring them to hold four times the maximum weight of loads they carry.
Types of Compensation for Scaffolding Injuries
If you were injured in a scaffolding collapse in NYC, you may be able to get injury compensation from several sources:
- Workers’ compensation,
- Personal injury lawsuit against your employer, and
- Personal injury lawsuit against the manufacturer of the scaffolding.
Workers’ compensation insurance is required in New York, meaning that your employer should carry it. Workers’ compensation does not require you to prove that someone else caused your injury. Usually, an employer who has workers’ comp insurance cannot be sued.
Even if you file for workers’ compensation, you can still sue a third party, such as a manufacturer or contractor, who caused your injuries.
What Payment Can You Recover for Scaffolding Injuries?
Though scaffolding is an integral part of the New York construction scene, it poses dangers to both workers and pedestrians. If you were injured in a scaffolding collapse in NY, you deserve compensation. You may be able to recover these types of compensation through a personal injury lawsuit:
- Medical bills,
- Rehabilitation expenses,
- Lost wages,
- Pain and suffering,
- Loss of companionship, and
- Loss of future earnings.
If you are only eligible for workers’ compensation, your recovery is limited to medical expenses and a percentage of your wages. However, if your attorneys find a way for you to file a personal injury lawsuit, your potential damages could be worth much more money.
What Should You Do After a Scaffolding Accident?
After a scaffolding accident, you should immediately seek medical attention. Also, report your accident to a supervisor. It’s also important to collect evidence—such as photos of the accident scene—promptly after your accident. If you aren’t in a position to visit the accident scene, ask a trusted representative to gather evidence for you.
You should also call an attorney as soon as possible. When you’re in pain and trying to recover from injuries, you don’t need to deal with insurance paperwork and negotiations. An attorney can help you sort through legal options and find the best path for maximum compensation. Your legal representatives can also take over paperwork and negotiations for you, so you can focus on recuperating.
Contact a Construction Injury Attorney for a Consultation
If you need an experienced construction injury attorney, call the lawyers at Ferrante & Koenig for a free consultation. You can ask us questions and get our opinion on your legal options. If you decide to hire us, we work on contingency, meaning you won’t owe us payment until we win your case.
Take the first step toward getting the compensation you deserve for your scaffolding accident in New York by contacting our skilled attorneys today.
