Ladder and Construction Accidents
Under the New York State Labor Law, a construction worker who is working on the erection, demolition, repairing, painting, cleaning, or pointing of a building, and is injured working at a certain height while on a ladder or scaffold, and whose injuries are directly attributable to the equipment he was provided with, has a claim against any and all owners and contractors who have a non-delegable duty to provide proper safety equipment. The applicable sections of the Labor Law with regard to workers injured at heights in New York State are a very powerful weapon to protect the safety of construction workers in New York State, due to the fact that the statute is known as an “absolute liability” statute. What this means is that with very limited exceptions, if a worker is injured in a fall from a height while on a ladder or scaffold, any owners, construction managers, general contractors, contractors, and agents who were responsible to provide safety equipment, will be liable to the injured worker.
The only exceptions to the “absolute liability” of these sections of the Labor Law are if the work is being performed at a one or two family residence and the owner is not directing, supervising, or controlling the construction work (and even in this is the case, only the owner would be exempted from the provisions of the statute); if the worker’s conduct was the “sole proximate cause” of the accident (the sole reason why the accident occurred, not in any way due to the equipment); or if accident occurred due to a “recalcitrant worker” refusing to use proper safety equipment that he or she was provided.
If you are injured as the result of improper safety equipment on a construction site, it is essential that you retain attorneys who are fully familiar with the intricacies of the New York State Labor Law, and who have the requisite experience and knowledge to successfully handle your construction accident case from inception through conclusion of the case, by trial, settlement or alternative dispute resolution, including arbitration or mediation.
At the Law Office of Mark A. Siesel, with offices in White Plains, the Bronx, and Peekskill, New York, when we are retained by a client injured in any construction accident, we conduct an immediate investigation accident as there is vital evidence which must be secured without delay, particularly the ladder, scaffold, harness or other safety equipment. We retain the necessary professionals to obtain statements from witnesses to the accident and conditions, and to have photographs taken of the accident scene and equipment involved. If the insurance carriers for the owners, construction managers and contractors demonstrate an unwillingness to resolve the case without litigation, we commence suit without further notice, as it is our unwavering policy to be as aggressive as necessary to assure that our clients’ cases are handled as expeditiously and diligently as possible. We are always available by email or telephone, and all client inquiries are responded to within 24 hours without exception.
At the Law Office of Mark A. Siesel, we will fight the insurance companies and their defense counsel every step of the way to assure the maximum possible compensation for our clients’ past, present and future pain and suffering, past and future lost earnings and loss of earnings potential, past and future hospital and medical expenses, and loss of enjoyment of life. Call at (914) 428-7386 or email us at email@example.com for a free consultation to discuss your case in detail.