“A few hours left, and I can call it quits for the day,” Malcolm
proclaims out loud even though there is nobody around to listen. Despite
his eagerness to relax for the day, Malcolm is actually happy to be working
again. The winter was rough on his finances and things are looking up
now that construction work is coming in.
Eighty feet above the ground, he balances on the planks of scaffolding,
repairing the façade of a revered Midtown hotel. Stepping a foot
backwards to gain perspective on the work that needs to be done, Malcolm
stumbles over a tool box that was left on the wood planks beneath his
feet. Desperately reaching out to grab a metal railing, his fingers nip
the cold steel but cannot gain a grip.
Gravity takes a hold of him, pulling him toward the street below. Seconds
of horror control Malcolm’s mind and then…nothing.
Authorities respond to the scene. Standing next to Malcolm’s crumpled
body, they look up at the scaffolding above and wonder why planks were
removed from higher levels of the scaffolding. A detective scrawls a note
in his pad, “the decedent fell through an unprotected portion of
scaffolding where planks were removed, which probably contributed to the
Experienced Poughkeepsie scaffolding accident attorneys see accidents like this every year throughout construction season. Thankfully,
New York has laws that can help victims of scaffolding accidents sue the
parties that caused the accident. Even a deceased worker’s family
can initiate a claim.
According to the provisions of
New York Labor Law sections 240 and
241(6), laborers suffering from scaffolding and ladder accidents can sue the property
owner, contractor, and any agent thereof when a fall from scaffolding
occurs. In fact, these parties can be held strictly liable and financially
responsible for the victim’s damages. In other words, there may
be no need for a showing that the responsible parties were negligent or
in any way did something wrong.
The strength of these laws cannot be understated. This is because worker’s
compensation laws are cast aside when a suit is founded in scaffolding
law. Therefore, the injured construction worker will not be limited to
what the Workers’ Compensation statute doles out. Considering that
the injuries from
scaffolding and ladder falls will be undeniably serious and costly, the victims will certainly face
mounting medical bills and major loss of wages.
Suing wealthy New York property owners and their esteemed general contractors
will help the victims receive lost wages, payment for medical expenses,
compensation for pain and suffering, money for rehabilitation expenses
and even payment for lost future income and reeducation.
Learn more about springtime construction site accidents and resulting injuries in
our latest article posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.