Falls from heights are one of the leading causes of serious injuries and fatalities in the construction industry. In New York City, where high-rise buildings and complex construction projects are common, the risk of falling from scaffolding, ladders, roofs, and other elevated surfaces is significant. If you or a loved one has been injured in a fall from a height on a construction site, the experienced NYC falls from heights lawyers at Arye, Lustig, and Sassower are here to help you navigate the legal process and seek to secure the compensation you deserve. Contact us today for immediate assistance.
What Constitutes a Fall From Heights Accident?
A fall from heights accident occurs when an individual falls from an elevated position to a lower level, resulting in injury or death. These accidents are particularly common in the construction industry, where workers often perform tasks at significant heights. Understanding what constitutes a fall from heights accident is crucial for prevention and legal accountability. Here are the key elements that define a fall from heights accident:
Elevated Positions
Falls from heights can happen from various elevated positions, including:
- Scaffolding: Temporary structures used to support workers and materials during construction or maintenance work. Falls can occur if scaffolding is improperly erected, maintained, or used.
- Ladders: Portable or fixed ladders used to access elevated work areas. Falls can result from improper use, defective ladders, or lack of stability.
- Roofs: Working on roofs poses significant risks, especially when safety measures like harnesses, guardrails, and nets are not in place.
- Beams and Girders: Construction workers often work on steel beams and girders at great heights, which requires specialized safety equipment and training.
- Elevated Platforms: Platforms such as aerial lifts, cherry pickers, and cranes used to elevate workers can be hazardous if not properly secured or operated.
- Floor Openings and Edges: Unprotected openings, edges, and holes in floors and walls can cause workers to fall from one level to another.
How a NYC Falls From Heights Lawyer Can Help
Our construction accident attorneys understand the devastating impact that a fall from height can have on your life. These accidents often result in severe injuries, substantial medical expenses, and long-term physical and emotional suffering. If you or a loved one has been injured in a fall from height on a construction site, our experienced attorneys are here to help you navigate the legal complexities and seek to secure the compensation you deserve. Here’s how we can assist you:
Comprehensive Case Evaluation
Our first step is to conduct a thorough evaluation of your case. During your free consultation, your personal injury lawyer will:
- Listen to Your Story: Understand the details of your accident and its impact on your life.
- Assess Liability: Identify all parties responsible for your fall, including employers, contractors, property owners, and equipment manufacturers.
- Determine Damages: Evaluate the extent of your injuries and calculate potential compensation for medical bills, lost wages, pain and suffering, and other damages.
Detailed Investigation
Building a strong case requires a comprehensive investigation. Our team may:
- Gather Evidence: Collect photographs, videos, and any available surveillance footage of the accident scene.
- Inspect the Site: Conduct site inspections to document hazardous conditions and compliance with safety regulations.
- Interview Witnesses: Obtain statements from coworkers, supervisors, and other witnesses who can provide valuable insights into the circumstances of your fall.
- Review Records: Examine safety logs, maintenance records, and accident reports to uncover any negligence or safety violations.
Experienced Consultations
To strengthen your case, we collaborate with a network of experts, including:
- Safety Experts: To assess the adequacy of fall protection measures and identify any safety lapses.
- Medical Professionals: To document the extent of your injuries and provide expert testimony on your medical condition and prognosis.
- Engineers and Construction Specialists: To analyze your fall's construction site and equipment.
Legal Representation and Advocacy
Our personal injury attorneys provide robust representation throughout the legal process, including:
- Filing Claims: Prepare and file all necessary legal documents to initiate your claim against the liable parties.
- Negotiating Settlements: Handle communications and negotiations with insurance companies to seek a fair settlement.
- Litigating Your Case: If a fair settlement cannot be reached, our skilled litigators are prepared to take your case to court and advocate vigorously.
Who Is Liable For a Fall From Heights Injury?
Falls from heights are a significant hazard in the construction industry, often resulting in severe injuries or fatalities. Determining liability in these cases is crucial for securing compensation for the injured party. Depending on the circumstances, several parties may be held responsible for a fall from heights injury. Here's an overview of who could be liable:
1. Employers
Employers have a legal duty to provide a safe working environment for their employees. This includes implementing proper fall protection measures and ensuring that all safety protocols are followed. Employers can be held liable if:
- Lack of Fall Protection: They fail to provide necessary fall protection equipment such as harnesses, guardrails, and safety nets.
- Inadequate Training: They do not adequately train workers on the safe use of equipment and fall prevention techniques.
- Safety Violations: They ignore or violate Occupational Safety and Health Administration (OSHA) regulations related to fall protection.
However, it is important to remember this; generally speaking, employees who are injured in construction accident are not permitted to sue their employers. Instead, workers compensation benefits represent their sole remedy as against their employer.
2. Property Owners
Property owners are responsible for maintaining safe conditions on their premises. They may be held liable for falls from heights if:
- Negligent Maintenance: They fail to maintain the property in a safe condition, leading to hazards such as unstable scaffolding or ladders.
- Failure to Warn: They do not provide adequate warnings about known dangers or unsafe conditions on the property.
- Non-Delegable Duty: Under Labor Law Section 240, owners and general contractors (and their agents) have a non-delegable duty to provide proper protection from elevation-related risks. The law imposes this duty on owners and general contractors (and their agents) regardless of whether they were aware of the failure to provide proper protection, and whether or not they exercised control over the injury-producing activity. For example, if a worker is injured because a ladder or scaffold provided by the worker’s employer was inadequate to provide protection for the task at hand, the worker may assert a claim against the owner, general contractor (and their agents) – even though a claim against the employer is barred by worker’s compensation. It is important to remember that the injured worker’s damages are not reduced by the worker’s own comparative negligence, unless the injured worker is solely at fault.
3. General Contractors and Subcontractors
General contractors and subcontractors on construction sites are responsible for ensuring that all safety protocols are followed. They can be held liable if:
- Site Safety Management: They fail to manage and enforce safety regulations on the construction site.
- Supervision: They do not adequately supervise the work to ensure that safety measures are in place and being used correctly.
- Non-Delegable Duty: Under Labor Law Section 240, owners and general contractors (and their agents) have a non-delegable duty to provide proper protection from elevation-related risks. The law imposes this duty on owners and general contractors (and their agents) regardless of whether they were aware of the failure to provide proper protection, and whether or not they exercised control over the injury-producing activity. For example, if a worker is injured because a ladder or scaffold provided by the worker’s employer was inadequate to provide protection for the task at hand, the worker may assert a claim against the owner, general contractor (and their agents) – even though worker’s compensation bars a claim against the employer. It is important to remember that the injured worker’s damages are not reduced by the worker’s own comparative negligence, unless the injured worker is solely at fault.
4. Equipment Manufacturers
Construction equipment manufacturers can be held liable if defective or faulty equipment contributes to a fall from height. This includes:
- Defective Products: Ladders, scaffolding, harnesses, or other safety equipment that have design or manufacturing defects.
- Inadequate Instructions: Failure to provide proper instructions or warnings about the safe use of the equipment.
5. Third-Party Vendors
Vendors or companies that provide equipment, services, or materials to the construction site may also be liable if their products or actions contribute to a fall. This includes:
- Equipment Rental Companies: Providing faulty or poorly maintained equipment.
- Service Providers: Failing to properly set up or secure scaffolding or other temporary structures.
6. New York City and Municipal Entities
In some cases, the city or other municipal entities may be liable for falls from heights, especially if the accident occurs on public property or involves public construction projects. Key points include:
- Negligent Maintenance: Failure to properly maintain public properties, including construction sites managed by the city.
- Inadequate Supervision: Lack of proper oversight and enforcement of safety regulations on city-managed projects.
- Filing a Notice of Claim: If the city or a municipal entity is liable, you generally must file a Notice of Claim within 90 days of the accident. This is a strict deadline, and missing it can bar you from pursuing a lawsuit against the city.
Legal Framework for Liability
In New York, several laws provide protections for construction workers and outline the responsibilities of various parties:
- New York Labor Law Section 240 (Scaffold Law): Imposes strict liability on property owners and contractors for falls from heights due to inadequate safety measures.
- New York Labor Law Section 241: Establishes specific safety requirements for construction, demolition, and excavation work, holding property owners and contractors liable for violations.
- OSHA Regulations: Federal regulations that set minimum safety standards for fall protection in the workplace.
Common Injuries from Falls from Heights
Falls from heights are among the most dangerous types of accidents on construction sites, often resulting in severe and life-altering injuries. These accidents can lead to significant physical, emotional, and financial burdens for the injured workers and their families. Here are some of the most common injuries sustained from falls from heights:
1. Traumatic Brain Injuries (TBI)
Concussions: Caused by a blow or jolt to the head, concussions can lead to temporary or permanent cognitive impairments.
- Contusions: Brain bruises resulting from the impact of the fall can cause swelling and bleeding.
- Hemorrhages: Uncontrolled bleeding in or around the brain, which can be life-threatening.
- Skull Fractures: Breaks in the skull bone can lead to severe brain damage and other complications.
2. Spinal Cord Injuries
- Paralysis: Depending on the severity and location of the injury, falls can result in partial or complete paralysis, including paraplegia or quadriplegia.
- Herniated Discs: Discs in the spine can rupture or shift, and impinge on nearby nerve roots, causing pain, numbness, and limited mobility.
- Fractured Vertebrae: Broken bones in the spine can lead to instability and chronic pain.
3. Broken Bones and Fractures
Arm and Leg Fractures: Falls can result in broken arms, legs, wrists, and ankles, often requiring surgery and extensive rehabilitation.
- Hip Fractures: Particularly common in falls from significant heights, hip fractures can lead to long-term mobility issues.
- Rib Fractures: Broken ribs can cause severe pain and may puncture internal organs, leading to further complications.
4. Internal Injuries
- Internal Bleeding: The impact of a fall can cause internal bleeding, which can be life-threatening if not treated promptly.
- Organ Damage: Vital organs such as the liver, spleen, kidneys, and lungs can be damaged, requiring emergency medical intervention.
- Pneumothorax: A collapsed lung can occur if the chest is punctured or severely compressed during the fall.
5. Soft Tissue Injuries
- Sprains and Strains: Ligaments, tendons, and muscles can be overstretched or torn, causing significant pain and limiting movement.
- Bruises and Contusions: Severe bruising and soft tissue damage can result from the impact with hard surfaces.
6. Lacerations and Abrasions
- Deep Cuts: Falls onto sharp objects or debris can cause deep cuts that may require stitches or surgical repair.
- Road Rash: Abrasions from sliding across rough surfaces can lead to painful wounds and potential infections.
7. Facial Injuries
- Fractured Jaw: Falls can cause fractures to the jaw, leading to difficulties in eating and speaking.
- Broken Nose: The nose can easily be broken in a fall, causing pain and potential breathing difficulties.
- Dental Injuries: Teeth can be chipped, broken, or knocked out entirely.
8. Psychological Trauma
- Post-Traumatic Stress Disorder (PTSD): The traumatic nature of the fall can lead to long-term psychological effects, including PTSD.
- Anxiety and Depression: The aftermath of a severe fall and the subsequent recovery process can result in significant emotional distress.
Compensation Benefits You May Be Entitled To
If you have been injured in a fall from a height on a construction site, you may be entitled to significant compensation to cover various damages and losses. At Arye, Lustig, and Sassower, we are committed to helping you secure the full compensation you deserve. Here are some of the types of compensation you may be entitled to:
Medical Expenses
Emergency Care: Costs for immediate medical attention following the accident, including ambulance fees and emergency room visits.
- Hospital Bills: Expenses for hospital stays, surgeries, and specialized treatments.
- Medical Devices: Costs for medical devices such as wheelchairs, braces, and prosthetics.
- Rehabilitation: Expenses for physical therapy, occupational therapy, and other rehabilitation services.
- Medications: Costs for prescription drugs and over-the-counter medications required for your recovery.
- Medical Expenses: Compensation for ongoing and future medical care related to your injuries.
Lost Wages
- Past Lost Wages: Compensation for income lost due to time away from work during recovery.
- Future Lost Wages: Compensation for reduced earning capacity if your injuries prevent you from returning to work or force you to take a lower-paying job.
- Loss of Benefits: Compensation for lost employment benefits such as health insurance, retirement contributions, and other perks.
Pain and Suffering
- Physical Pain: Compensation for the physical pain and discomfort endured as a result of your injuries.
- Emotional Distress: Compensation for psychological impacts, including anxiety, depression, and PTSD.
- Loss of Enjoyment of Life: Compensation for the loss of enjoyment of life’s activities and hobbies due to your injuries.
Disability and Disfigurement
Compensation for permanent disabilities that impair your ability to work or perform daily activities and for physical disfigurement and the emotional impact of visible scars and deformities.
Loss of Consortium
Compensation for your injuries' negative impact on your relationship with your spouse or family members, including loss of companionship and support.
Property Damage
Compensation for any personal property damaged or destroyed in the accident, such as tools, clothing, or personal devices.
Wrongful Death
If a loved one dies due to a fall, surviving family members might be entitled to compensation for funeral costs, loss of income, loss of companionship, loss of nurture and guidance, and other damages.
Get the Compensation You Deserve
If you've been injured in a fall from height on a construction site, don't wait to seek legal help. Contact Arye, Lustig, and Sassower today for a free consultation. Our experienced falls from heights lawyers are dedicated to fighting for your rights and securing the compensation you need to recover and move forward. Your health, well-being, and justice are our top priorities. Reach out now to start your path to recovery.
NYC Falls From Heights FAQs
What is a fall from height accident?
A fall-from-height accident occurs when a person falls from an elevated position to a lower level, resulting in injury or death. These accidents are common in construction environments where workers operate on scaffolding, ladders, roofs, and other elevated surfaces.
What are common causes of falls from heights in construction?
Common causes include:
- Lack of fall protection: Missing or inadequate safety harnesses, guardrails, and safety nets.
- Unsafe equipment: Defective or improperly used ladders, scaffolding, and platforms.
- Poor training: Workers not being properly trained on safety protocols and equipment usage.
- Environmental hazards: Slippery surfaces, poor weather conditions, or debris on elevated surfaces.
- Structural failures: Collapse or instability of scaffolding, ladders, or other structures.
What should I do immediately after a fall from height accident?
Seek medical attention: Get a thorough medical evaluation and treatment.
- Report the incident: Notify your employer and document the accident.
- Document the scene: Take photos and videos of the accident site and any relevant conditions.
- Collect witness information: Gather contact details from anyone who saw the accident.
- Consult a construction accident lawyer: Contact an experienced fall-from-heights lawyer to protect your rights and explore your legal options.
How long do I have to file a claim for a fall from height accident?
The statute of limitations for personal injury claims in New York is generally three years from the accident date. However, if the liable party is a municipal entity, you generally must file a Notice of Claim within 90 days of the accident and initiate the lawsuit within one year and 90 days. It’s crucial to consult with a construction accident lawyer as soon as possible to try to ensure all deadlines are met.
What if my employer did not provide fall protection equipment?
OSHA and New York Labor Laws require employers to provide adequate fall protection equipment. Additionally, under New York’s Scaffold Law (Labor Law Section 240), property owners and general contractors (and their agents) can be held strictly liable for falls from heights due to inadequate safety measures.
What role do OSHA regulations play in fall-from-height cases?
OSHA (Occupational Safety and Health Administration) regulations set specific safety standards for fall protection in the construction industry. Violations of these regulations can be used as evidence of negligence in your case. Compliance with OSHA standards is mandatory, and failure to adhere can result in significant fines and liability for injuries.
What should I avoid doing after a fall from height accident?
- Do not admit fault: Avoid making statements that could be interpreted as admitting fault
- Do not delay medical treatment: Seek immediate medical attention to document your injuries.
- Do not sign anything: Avoid signing any documents or settlements without consulting a falls from heights attorney.
- Do not discuss the case: Refrain from discussing details of the accident with anyone other than your falls from heights lawyer.
Can I still recover compensation if I was partially at fault for the fall?
Yes, New York generally follows a comparative negligence rule, which means you can still recover compensation even if you were partially at fault. However, your compensation may be reduced by the percentage of your fault. But, for claims under Labor Law Section 240, any comparative negligence on the part of the injured worker will not reduce the worker’s damages -- unless the worker is solely at fault.
How long does it take to resolve a fall from height case?
The duration of a fall from height case can vary widely based on factors such as the case's complexity, the extent of your injuries, the willingness of parties to settle, and whether the case goes to trial. Some cases may be resolved in a few months, while others can take several years. Your construction accident attorney can provide a more accurate timeline based on the specifics of your case.
What is the difference between workers' compensation and a personal injury lawsuit?
- Workers' Compensation: Provides benefits for medical expenses and a portion of lost wages regardless of fault. It does not cover pain and suffering or other non-economic damages.
- Personal Injury Lawsuits allow you to seek full compensation for all damages, including pain and suffering, lost wages, and punitive damages, if applicable. They require proving negligence or fault.
