“Vic, rain’s comin’ in. Haul a tarp up to the roof and
cover the section that we haven’t shingled.” “Sure thing,
boss,” the sun burned roofer dryly replies. Vic ascends the non-self
supporting, thirty-foot ladder with a sprite unexpected for his age.
Then, all of a sudden, the clang and thud of a ladder rebounding off cement
and turf echoes through the worksite. Running toward the noise, Vic’s
boss discovers a horrific scene. Yanking his phone from his pocket, the
boss dials 911. With the operator on line, the boss exclaims, “Oh
God, please help, my employee fell off a ladder! He isn’t moving
and he is unconscious!”
Doctors at a local hospital quickly assess that Vic has a fractured spine,
broken femur and tibia, a fractured skull, and various cuts and bruising.
He has a serious brain injury as well. After several hours of emergency
care, a doctor solemnly announces, “Time of death, 8:30pm.”
Experienced Newburgh construction accident attorneys know that property owners, builders, subcontractors, and the like are
responsible for the safety of the worksite. Laborers under their employ
are entitled to a safe worksite that which complies with OSHA regulations,
Labor Law statutes, and Industrial Codes promulgated by New York State.
Laborers injured on the worksite are entitled to sue any and all of those parties listed above for compensation
of damages arising out of the accident. If the victim dies, his or her
relatives can sue the offending parties. Victims and the relatives thereof
have several avenues for recourse.
The injured worker and or his family can sue the offending parties on a
theory of negligence. To be successful, the suit will have to allege that
the defendant breached a duty that which was owed to the victim. There
must also be a showing that the breach caused the victim’s injuries
and that the victim suffered damages as a result of those injuries.
The fallen construction worker can also sue on the basis of several laws.
Section 240(1) of the New York Labor Law makes contractors and property owners strictly liable for the harms caused
to a laborer who suffers from an elevated fall. Additionally,
Section 241(6) of the New York Labor Law requires worksite compliance with rule 23 of the New York Industrial Code.
A suit can be filed under this law too when a worker is injured from falling
off of a ladder.
The experienced Newburgh attorney’s role is to get the maximum amount
of compensation for the injured laborer. Suing all of the proper parties
on all of the above may be needed so that the victim receives compensation
for physical injuries, lost wages, and rehabilitation costs, just to name a few.
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.