Disastrous consequences can result when a construction worker suffers an elevated fall while on a worksite. Debilitating injuries and fatalities can result in some cases when workers fall from elevated heights, such as from ladders or scaffolds. According to the Occupational Safety and Health Administration (“OSHA”), construction site falls result in 150 to 200 deaths and more than 100,000 injuries every year. The injuries victims of falls suffer can cause difficulties for both the victims and their families. Lost wages, high medical bills that are not covered by insurance, long term pain and suffering are some of damages a victim might face.
Fortunately there may be legal recourse for construction workers who have suffered injuries due to a fall from an elevated ladder. The owner of the property where the accident occurred, the general contractor, or the individual who caused the injury may be liable to the victim. Construction workers who have been injured due to an elevated fall should seek legal counsel from a construction accident lawyer. At Greenberg and Greenberg, our attorneys understand the hardships that may accompany elevated falls and are committed to securing proper compensation for our clients.
You may be entitled to compensation if you or someone you love has suffered an injury on a construction site from an elevated fall. At Greenberg and Greenberg we take our cases on a contingency fee basis, and should we accept your case, there will be no fee unless we recover damages for you.
What are the Legal Options Available for Victims of Ladder Falls?
The New York law that applies to liability for construction accidents favors the victims in cases involving an injury caused by an elevated fall. New York Labor Law Section 240(1) places absolute liability on the general contractor and property owner when construction worker suffers injuries due to an elevated fall. Therefore, any construction worker who has been injured on the worksite due to an elevated fall, regardless of the circumstances, may be entitled to compensation.
Construction workers injured in a ladder fall may also be able to file a lawsuit under New York Labor Law Section 241(6). Under this section of the Labor Law, property owners and general contractors are responsible for upholding the specific safety rules under the New York Industrial Code rule 23, regarding the construction or demolition of a building, and excavation work. If during the performance of these types of construction a worker falls from a ladder, the construction worker may be entitled to compensation under New York Labor Law Section 241(6).
In addition to filing lawsuits under these two labor laws, construction workers who have been injured in a ladder fall may also be able to file a negligence lawsuit. For a construction worker to have a valid negligence lawsuit, the following needs to have occurred:
· A duty of care must have been owed by the individual or entity responsible for the injury to the victim. A duty of care is a legal obligation that an individual or entity has to uphold a reasonable standard of care while performing a task that could result in injury to others.
· The duty must have been breached by the party responsible for the injury. The breach of a duty of care by an individual is negligence.
· The injury must have been caused by the responsible party’s breach of the duty. Essentially, an individual can still be negligent with being liable. In order for the responsible party to be liable their reach of the duty needs to have caused the victim’s injury.
· The victim must have suffered damages because of the injury.
Why Should You Hire an Elevated Fall Attorney?
New York Labor Law Section 240(1) provides injured construction workers the opportunity to recoup compensation after an elevated fall; it does not guarantee that the victim will be properly compensated. Therefore, it is in the best interests of the construction worker who has been injured because of an elevated fall to seek legal counsel from an attorney who has experience handling construction accident cases. The attorneys at Greenberg and Greenberg seek the maximum compensation for all our clients who have been injured due to an elevated fall. We have decades of combined experience handling construction accident cases and have a lengthy record of success.
The Hudson fall from ladder attorneys at Greenberg and Greenberg handle cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County. Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents. Please contact us today to receive a FREE case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.