Queens Scaffolding Accident Lawyers
Millions Recovered For Work Accident Victims Across NYC
Scaffolds are common on New York City jobsites, from the biggest buildings in Manhattan to the brownstones and bodegas in Brooklyn. But while these structures are vital to projects that require workers to perform jobs from heights, they’re also a leading cause of workplace accidents.
If you or someone you love were injured in a scaffold accident, our Queens scaffolding accident attorneys at the Harris Firm, LLC can help explore your options for recovering compensation.
As a firm devoted exclusively to fighting on behalf of injured workers across New York City, we have extensive experience helping clients injured in scaffolding accidents fight for fair recoveries in both workers’ compensation claims and civil personal injury lawsuits. Whatever your case involves, we have what it takes to help.
Our award-winning legal team serves workers and families in all five NYC boroughs and beyond. Call (212) 487-8669 or contact us online to request a FREE consultation.
New York Labor Law § 240: The NY Scaffold Law
Construction workers and other tradespeople who use scaffolding in New York enjoy some of the nation’s strongest workplace protections. Not only do these laws set standards for creating safe worksites, but they also provide for absolute liability against property owners and contractors when workers are harmed in accidents involving ladders, cranes, and other gravity-related hazards.
Notably, this includes scaffolds, which are covered by New York Labor Law § 240.
NY Labor Law § 240, which is also known as the New York Scaffold Law, is an important law for workers who perform job duties using scaffolding and other equipment that pose height-related hazards (such as ladders, hoists, hangers, blocks, and pulleys). Some notable features of the law include:
- Safety Requirements. Labor Law § 240 places the burden of creating a safe worksite squarely on property owners and contractors. Under the law, these parties must:
- Construct, place, and operate scaffolding in a manner that properly protects workers who use them.
- Keep scaffolds upright and prevent scaffolding from collapsing.
- Equip scaffolding with appropriate safeguards, such as guardrails.
- Provide workers with proper PPE, such as lifelines or harnesses, when necessary.
- Comply with requirements applicable to scaffolds used for projects more than 20 feet above ground, including requirements for safety rail placement and proper fastening.
- Strict Liability. Labor Law § 240 is significant in that is allows for property owners and contractors to be held strictly liable for damages suffered by workers injured in scaffold accidents.
- Strict liability is a legal theory that allows victims to recover damages without having to prove that the other party was negligent in causing harm.
- For workers injured on the job, Labor Law § 240’s strict liability component provides a viable means to recovering full and fair compensation, including damages that are otherwise unavailable through a workers’ compensation claim.
Can I File a Labor Law § 240 Claim For My Scaffold Accident?
If you were injured in a scaffolding accident in New York City, you may have grounds to pursue a claim under Labor Law § 240 and recover compensation from the responsible property owner or contractor. You may have a potential claim if:
- You were working with or around scaffolding on a worksite at the time of your injury.
- The property owner and contractor are subject to New York Labor Law. While most premises owners and contractors are subject to Labor Law § 240, some – including owners of one and two-family dwellings who don’t direct or control the work being performed – are not.
- The owner, contractor, or their agents violated Labor Law, resulting in your injury.
It can be difficult to determine when Labor Law § 240’s strict liability applies to a scaffold accident and how to best proceed with a claim, which is why it’s best to consult with attorneys who have experience in this niche practice area.
While speaking to an attorney is the best way to evaluate whether you have a case, there are examples of common scenarios that give rise to these types of claims that can help you better assess whether you’re covered. For example, § 240 claims may involve:
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