Construction Injury Lawyers: Falls from Heights
New York City’s skyline of high rises is iconic, and you would be hard-pressed to walk more than a block in any borough without seeing scaffolding or a crane at work. Thousands of construction workers brave these heights daily, and one misstep or failed harness could lead to serious injury or wrongful death. Construction is known as among the most dangerous industries in the United States. According to the Bureau of Labor Statistics, slips, trips, and falls accounted for 865 fatalities in the construction industry in 2022, with falls from heights accounting for 700 of these fatalities. Fortunately, injured workers and their family members have options after these tragedies, including receiving legal support from our experienced team of New York construction accident lawyers at Buttafuoco & Associates.
Common Causes for Falls from Heights
According to the Occupational Safety and Health Administration (OSHA), the most common causes of fall-related injuries include:
- Unprotected sides, wall openings, and floor holes: Job sites commonly have unprotected edges, but this danger can be mitigated with proper guardrails, coverings, or barriers.
- Improper scaffold construction: Construction often involves work in limited space on scaffolding, often with heavy machinery. If the structures are assembled poorly, unsecured, or overloaded, they might collapse.
- Unguarded protruding steel rebars: Even a short fall onto exposed rebar can be devastating, resulting in serious puncture wounds. OSHA recommends safety caps to prevent these tragedies.
- Misuse of portable ladders: To avoid serious fall-related injuries, portable ladders must be safely positioned each time they are used.
Injuries Caused by Construction Falls
At Buttafuoco & Associates, we see a wide range of injuries caused by construction site falls, including:
- Musculoskeletal injuries like ruptured tendons or broken bones. Arms, legs, and ribs are particularly at risk, and recovery can take you from working for weeks, or even months.
- Concussions or traumatic brain injuries that can lead to long-term cognitive issues
- Spinal cord injuries that may cause paralysis or other long-term disabilities.
It’s your employer’s responsibility to maintain a safe working environment for all employees. According to our construction accident lawyers serving New York, these legal obligations include:
- Providing safety equipment compliant with OSHA and New York state safety standards.
- Training all employees on safety equipment and procedures in language they understand.
- Allocating time to ensure a sufficient safety setup and that work is done in a safe manner.
If your employer fails to keep your work environment safe, they may be considered negligent, and thus responsible for your injuries. If you believe your employer contributed to your injuries, it is often in your best interests to contact a construction accident attorney in New York for help.
Workers’ Compensation, Negligence, and Third Party Claims
When a fall from a height occurs at a construction site, you will be able to file a claim with your employer’s workers’ compensation insurance. If you’re on the clock and performing work-related tasks at the time of your accident, you are covered. This compensation, however, is limited and can only cover economic losses, such as lost wages and medical bills. Furthermore, you may be unable to file suit against your employer if they have workers’ compensation insurance; this insurance typically entails an agreement that you waive your right to sue if they guarantee to pay medical bills and a portion of lost wages.
However, New York has an exception known as the Scaffold Law. This allows you to sue your employer if you are injured in a “gravity-related” accident. You may also be entitled to additional compensation if another party’s negligence resulted in your accident and injuries. Depending on the circumstances of your accident, you may be able to file a third-party claim. Some examples of third-party negligence in a construction site fall include:
- If a negligent scaffolding company failed to anchor the base of the scaffolding.
- If a negligent manufacturer produced a faulty ladder.
- If a negligent architect designed a platform without adequate braces for weight.
Should I get help filing my claim?
Seeking damages for injuries after a construction site fall can be difficult, especially because the injuries can be so catastrophic. Fortunately, a seasoned construction accident attorney in New York can help you through the process.
- Negotiate a workers’ compensation claim to ensure you get the compensation you’re entitled to.
- Help you navigate the Scaffold Law and see if your case qualifies.
- Help you determine whose negligence contributed to your injury so you can file a third party claim.
After a construction accident, Buttafuoco & Associates is here to help you get your life back on track and get the compensation that you deserve.
Don’t hesitate! Call 1-800-NOW-HURT for a free consultation.
