Vick was hauling the last bucket of tar up to the roof of the business
complex he had worked on for the last few months. At least he thought
it would be his last bucket to haul; he had been working just after sunrise
and it is now going on eight o’clock.
Catching his breath once he was on the roof, he heard the blessed call
of the often cantankerous foreman, “ Close it down, we’re
As usual at quitting time, the foreman recaps the job status and what is
planned for the next day. He is not a man to wait long for workers to
gather. Red grapes have less color than his face did when he stormed off
to see what was taking Vick so long.
Rounding the building’s north corner, the color of his face turned
from a deep red to a sheer white when he saw Vick lying bloodied and unconscious
at the base of his ladder. He immediately radioed for someone to dial
911. He stayed with Vick and tried to be reassuring, but his injuries
were so bad, he had to look away. Looking up he could see blood and some
of Vick's clothing caught up on the ladder.
Experienced Newburgh construction ladder accident attorneys know that falling from ladders can result in fatalities or serious permanent
injuries. Hundreds of deaths occur every year due to falls at construction
sites. Short of death, digits in the six figures tally injuries from work
Assuming that Vick survives his accident; does he have any legal recourse
by which he can receive compensation for his injuries? Assuming he dies,
does his family have recourse? The answer to both questions is a resounding,
yes. Property owners, contractors, and subcontractors can face absolute
liability when a construction worker falls from an elevated position while
on the job. Such right is granted by
New York Labor Law Section 240. Section 241(6) of said laws provides additional rights if New York Industrial
Code rule 23 has not been upheld while completing specific types of work.
The lawsuit can be founded on these laws in addition to the principles
of negligence. If the offending party owned a duty to the worker, then
breached that duty to the level that such breach caused the worker to
suffer injury and damages, a claim founded in negligence will be proper.
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.