At the Law Office of Mark A. Siesel, we have represented construction workers injured throughout the State of New York in ladder accidents and scaffold accidents since 1986. Under Section 240 of the New York State Labor Law, if a worker on a construction site is injured in a fall from a height due to inadequate safety devices, and this accident could have been prevented with a proper ladder or scaffold, the defendant owner, construction manager, general contractor or subcontractor is “strictly liable” for any injuries suffered by the worker. What this means is that if the construction worker is injured or dies as the result of a defective ladder, scaffold or other safety equipment or devices provided to the construction worker, then the owner, construction manager, general contractor or any subcontractor on site who had the duty to provide the safety equipment is absolutely at fault for the worker’s injuries or death, and the conduct of the worker is not considered. Generally speaking, the only exceptions to the absolute liability of Section 240 of the New York State Labor Law are twofold: accidents in which the worker’s actions are the “sole proximate cause” of the accident (the worker’s actions were the only reason why the accident and injuries occurred), and “recalcitrant worker”, whereby the worker was given specific safety equipment to use in order to scale a height and chose to not use this equipment in violation of instructions to do so.
Frequently, when a construction worker is injured in a fall from a ladder or scaffold, or another type of construction accident, in addition to making a claim for pain and suffering, the worker can file a “first party claim” with his employer for Worker’s Compensation benefits. These benefits include payment of lost earnings, and any medical and hospital bills incurred as a result of the accident. For potential clients who were working on construction sites as undocumented workers, the Courts have determined that you are entitled to recover for injuries if the owner or other defendant was at fault, regardless of your immigration status. Thus, do not hesitate to pursue your rights for compensation even if you are not a citizen or legal resident.
If you or a loved one suffer serious injuries in a construction accident as a result of a defective ladder, scaffold, due to any insufficient safety equipment or a dangerous condition, it is critical that you retain experienced, dedicated and knowledgeable legal representation, as the laws are complex and evidence in these cases must be obtained quickly before it is no longer available, such as the defective or broken ladder, construction debris, or statements from all potential witnesses to the accident. We conduct an immediate investigation of the accident, send investigators and our attorneys to the accident scene, and speak to the witnesses to the accident before the owner’s insurance company has had an opportunity to do so whenever possible.
At the Law Offices of Mark A. Siesel, we have represented clients throughout the State Of New York in the state and federal Courts over the last twenty seven years who have suffered serious injuries in construction accidents due to the negligence of private owners, contractors, subcontractors and employers. We quickly, comprehensively and aggressively determine all potential parties that are responsible for our clients’ damages, including pain and suffering, past and future medical and hospital bills, past and future lost earnings, loss of earnings potential, and the loss of the ability to perform activities of daily living. Contact the knowledgeable and experienced lawyers at the Law Offices of Mark A. Siesel for a free consultation to discuss your potential case. Contact us anytime at (914) 428-7386 or online.