At the Law Office of Mark A. Siesel, we have represented construction workers injured in scaffold accidents and ladder accidents since 1986. Under the Labor Law of the State of New York, if a worker on a construction site is injured due to inadequate safety devices, such as a scaffold or a ladder, the law is very favorable for injured victims and protective of workers as the law is known as “strict liability.” What this means is that if the construction worker is injured or dies specifically as the result of a defective safety equipment provided to the construction worker, then automatically the owner, construction manager or contractor on site who had the duty to provide the safety equipment is absolutely liable 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 the Scaffold Law are twofold: situations in which the worker’s actions are the “sole proximate cause” of the accident (the worker’s conduct was 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 other 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 medical and hospital bills. 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 scaffold accident, ladder accident or any other type of construction accident, it is essential that you obtain 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 identifying and obtaining statements from all potential witnesses to the accident. Our office conducts an immediate investigation of the accident, sends investigators and our attorneys to the accident scene, and speaks 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 over the last twenty seven years who have suffered serious injuries in construction accidents. We have successfully represented clients throughout the State of New York who suffered injuries in construction accidents due to the negligence of private owners, contractors, subcontractors and employers. We quickly and aggressively determine all possible 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 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.