There Are Multiple Ways to Seek Compensation for Your New York Construction Injury, So Be Sure You’re Pursuing the Right One(s)

If you have been injured a workplace accident at your construction job, it is reasonable to imagine that you will not know how to proceed next. You probably have many questions and concerns in this time of stress. Questions about paying your medical bills. Questions about meeting your financial obligations while you’re missing work. For answers to these questions and more, reach out to an experienced New York City construction injury attorney about your rights and your options.

A.G. was an example of such an injured construction worker. The accident that led A.G. to sue in court unfortunately took place on Christmas Eve in 2012. In that accident, A.G. fell from a scaffold and suffered injuries when he tripped on a block, fell backward and tumbled all the way to the ground.

Regrettably, scaffold accidents occur far too often. Whether the scaffold is not inspected or maintained properly enough or frequently enough, debris, supplies or equipment is left on the scaffold surface or the scaffold is not equipped with the proper worker safety protections, shortcomings when it comes to the safety of workers using scaffolds can often lead to serious harm for those workers. A.G.’s case was one that involved a scaffold with inadequate safeguards. The injured worker had evidence that his scaffold didn’t have railings, toe boards, cross-bracing or any places where A.G. could tie off his safety harness.

In a situation like A.G.’s there are two potential legal bases for recovering compensation in court. One is a statutory section that protects workers injured as a result of “elevation-related” risks. This statute, nicknamed the “Scaffold Law,” protects both workers that fall from heights (such as those who fall off scaffolds) and workers who are hurt by objects falling on them. A second statute, Section 241(6), protects workers who are hurt as a result of a failure to comply with the relevant workplace safety regulations. If the facts of your case allow you to assert both claims, it is often wise to do so, as the more bases for compensation you can present, the better chance you will have for a full and complete recovery.

A.G.’s case was one where his proof showed that he fell from an elevation as a result of inadequate safety protections. That was enough to persuade the judge that the site owner was liable based upon a violation of the Scaffold Law. Additionally, the defense was not entitled to a dismissal of the worker’s Section 241(6) claim because A.G.’s claims, if proven true, were enough to identify the block on the scaffold as a cause of the fall and the worker’s injuries.

If you have been hurt at work while doing your construction job, you may be entitled to compensation for the harm you suffered. Contact the New York City construction injury attorneys at Arcia & Associates. Our team has many years of experience helping injured workers. We will work diligently to find the best path for the results you need.

More Blog Posts:

Construction Debris Leads to a Successful Outcome For a New York Carpenter Pursuing a Construction Injury Case, Blog de Abogado en la Ciudad de Nueva York, 15 de Agosto de 2018

Proof of a Lack of Fall Protection Allows an Injured Demolition Man to Win His New York Construction Injury Case, Blog de Abogado en la Ciudad de Nueva York, 9 de Julio de 2018