Defending Your Rights in Scaffolding Accidents
New York's skyline is ever-changing, but with progress comes risk, especially on scaffolding high above the city streets. At Arye, Lustig & Sassower, P.C., we've seen the life-altering aftermath of scaffolding mishaps. Our skilled attorneys can represent victims, ensuring you get the justice and compensation you truly deserve. Stand tall with us as we navigate this journey together. Contact us today for help getting the compensation you deserve.
Skilled Advocates for Scaffolding Accident Victims
At Arye, Lustig & Sassower, P.C., we stand firmly beside construction workers and all those harmed in scaffolding mishaps. Our construction accident attorneys have a wealth of experience tackling such intricate cases.
Not only are we well-versed in the laws surrounding scaffold accidents, but we're also committed to guiding you, step by step, ensuring you understand your rights and are positioned to secure the compensation you deserve.
Common Types Of Scaffolding Injuries
Through the years, Arye, Lustig & Sassower, P.C., has championed the cause of numerous individuals facing the dire aftermath of scaffolding and ladder accidents. Our skilled attorneys can represent victims of a myriad of injuries arising from these harrowing incidents, including:
- Traumatic brain injuries
- Concussions and other closed-head injuries
- Penetrating brain wounds
- Spinal cord injuries
- Crushing traumas like broken bones
- Injuries to joints
- Limb amputation
- Muscular sprains and strains
Moreover, with our deep-rooted experience in New York's personal injury and construction accident landscape, we provide a beacon of hope to families grieving the loss of a loved one due to scaffolding mishaps. Our team is adept at navigating the nuances of wrongful death claims, ensuring you're well-informed and supported every step of the way.
How a Scaffolding Injury Lawyer Can Help You
Navigating the aftermath of a scaffolding accident can be overwhelming. Arye, Lustig & Sassower, P.C. is your steadfast ally during these challenging times. Here's how we can assist:
Experience in Scaffolding Laws
We deeply understand New York's specific legal protections for scaffolding incidents, ensuring your rights are robustly defended.
We will meticulously analyze the details of your incident, identify liable parties, and establish the strength of your Claim.
Leveraging our vast experience, we will craft a compelling case strategy, ensuring you have the best chance at securing a favorable outcome.
From handling intricate paperwork to liaising with insurance companies, we'll manage all facets of your Claim, allowing you to focus on recovery.
We'll rigorously negotiate on your behalf to secure the maximum possible compensation for your injuries, lost wages, medical expenses, and more.
No Upfront Costs
With our no-recovery, no-fee policy, you don't pay unless we win your case.
Choosing Arye, Lustig & Sassower, P.C. means placing trust in a team that genuinely cares about your well-being and is committed to achieving justice on your behalf.
Statistics on Scaffolding Injuries
- Scaffolding Injuries in the U.S.: The Occupational Safety and Health Administration (OSHA) has estimated that over 4,500 workers are injured each year in scaffolding-related accidents in the U.S., with approximately 60 fatalities.
- Common Causes: Falls from elevation are a significant concern regarding scaffolding. OSHA attributes 72% of scaffolding-related injuries to either the support giving way, the worker slipping, or being struck by a falling object.
- Safety Violations: Scaffolding violations frequently make OSHA's top ten list of most-cited violations. This indicates that not all construction sites follow safety protocols when erecting and maintaining scaffolds.
- Training Deficits: Proper training can prevent many scaffolding accidents. However, it has been found that many workers who suffer from scaffolding-related injuries have yet to receive the appropriate training on scaffold safety.
- Economic Impact: The direct and indirect costs of scaffolding injuries can be significant. This includes medical bills, lost wages, productivity loss, and compensation claims.
- Preventable Accidents: With strict adherence to OSHA's scaffolding standards, it's estimated that about 4,500 injuries and 50 deaths could be prevented yearly.
Remember that while these statistics provide an overview of the situation, each case is unique. If someone has been involved in a scaffolding accident, it's crucial to seek both medical attention and legal advice promptly.
What To Do After a Scaffolding Accident Injury
Experiencing a scaffolding accident can be traumatic and overwhelming. The steps you take immediately following the accident can significantly impact your health and any potential legal claims you might pursue. Here's a guide to help you navigate the aftermath:
Prioritize Your Safety
If you've been injured, move to a safe location away from immediate dangers. If you can't move due to the severity of your injuries, call out for help or instruct someone nearby to do so.
Seek Medical Attention
Even if your injuries appear minor, seeing a medical professional as soon as possible is crucial. Some injuries may not manifest symptoms immediately. Getting timely medical attention ensures proper documentation of your injuries, which can be vital for a legal claim.
Report the Accident
Notify your supervisor or site manager about the accident. It's essential to have a written report of the incident for your employer's records.
Document the Scene
If possible, take photos of the scaffolding, the surrounding area, and any potential hazards or causes of the accident. These can serve as critical evidence if you pursue a legal claim.
Collect Witness Information
If anyone saw the accident, gather their names and contact information. Witness accounts can be invaluable in corroborating your version of events.
Avoid Giving Detailed Statements
While you should report the accident, be cautious about providing in-depth or speculative statements about the incident, especially to insurance adjusters. Anything you say can be used against you later.
Preserve Any Physical Evidence
If faulty tools, broken parts, or other tangible items were involved in the accident, keep them in their current condition. They might be crucial evidence.
Contact a Scaffolding Accident Attorney
Reach out to an experienced scaffolding accident lawyer at Arye, Lustig & Sassower, P.C. We can provide guidance tailored to your situation, helping ensure your rights are protected and you're on the right path to potential compensation.
Document all medical appointments, treatments, and any other accident-related expenses. This documentation can be beneficial for calculating potential compensation.
Follow Medical Advice
Adhere to all treatment recommendations from your healthcare providers. This not only aids your recovery but demonstrates the seriousness of your injuries.
Compensation Benefits You May Get After a Scaffolding Accident
If you've been injured in a scaffolding accident in New York, you may be entitled to various forms of compensation. The amount and type of compensation can depend on the specifics of the accident, the severity of injuries, and the circumstances surrounding the incident. Here are potential forms of compensation you might be eligible for:
This covers the cost of emergency medical treatment, hospital stays, surgeries, medications, physical therapy, rehabilitation, and any future medical needs related to the injury.
If your injury prevents you from working, temporarily or permanently, you can seek compensation for your lost income.
Loss of Earning Capacity
If your ability to earn a living is diminished due to the injuries sustained in the accident, you might be compensated for future lost income.
Pain and Suffering
This is for the physical and emotional distress you've experienced due to the accident. It includes compensation for any ongoing pain or chronic conditions.
Accidents can lead to psychological impacts such as anxiety, depression, PTSD, and other emotional challenges. You might be entitled to compensation for these emotional and psychological traumas.
Loss of Consortium
Spouses of injured parties can claim compensation for the loss of companionship, affection, and other intangible aspects of a marital relationship.
Some injuries require ongoing physical or occupational therapy. These costs can be included in your compensation claim.
Disfigurement or Permanent Disability
If the accident results in scars, amputation, or any permanent disability, you can seek compensation for the lasting impact on your life.
If a loved one dies due to a scaffolding accident, 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.
In cases where the negligence or misconduct was especially egregious, the court might award punitive damages to punish the responsible party and deter similar behavior in the future.
It's essential to consult with knowledgeable construction accident lawyers at Arye, Lustig & Sassower, P.C., to understand what compensation you may be entitled to and navigate the legal process efficiently.
Stand Strong with NYC's Premier Scaffolding Injury Advocates
Don't let a scaffolding injury dictate your future. With Arye, Lustig & Sassower, P.C., you have a powerhouse team ready to champion your rights. For decades, we've been the trusted shield for New Yorkers facing the aftermath of serious accidents. Don't navigate this journey alone; let our seasoned attorneys guide you in securing the justice and compensation you deserve.
Contact us today, and start building your brighter tomorrow. Contact us today.
Scaffolding Injury FAQs
What should I do immediately after a scaffolding accident?
Seek medical attention right away, even if you feel fine. Injuries may not be immediately apparent. After ensuring your safety, document the scene and gather witness information if possible.
Can I sue my employer after a scaffolding accident?
While Workers' Compensation Laws generally limit the ability to sue employers, you might have a claim against a third-party, like the owner of the job site, the general contractor, or their agents, which generally includes any subcontractor that hired your employer). It's crucial to consult with an attorney to understand your rights.
How long do I have to file a claim after a scaffolding injury in New York?
In New York, the statute of limitations for most personal claims is 3 years from the date of injury. However, there are many exceptions. Exceptions can include cases involving municipalities and public authorities, such as the City of New York, New York City Housing Authority (NYCHA), and New York City Transit Authority (NYCTA), where the deadline to commence a formal lawsuit is only one year and ninety days from the date of injury. Those cases generally include additional conditions precedent, such as filing a notice of Claim, that must be completed within only ninety days from the date of injury. The same abbreviated deadlines also apply to cases against the New York City municipal hospitals operated by the New York City Health & Hospitals Corporation. So, it's vital to consult with a personal injury lawyer to understand specific deadlines for your case.
Can I claim if the accident was partially my fault?
Although New York generally follows a comparative negligence rule where your percentage of fault may reduce your compensation, that is generally not the rule for scaffolding accidents. Under Labor Law §240, which provides exceptional protection for workers who are injured in scaffolding accidents or otherwise fall from a height (including falls from ladders or other elevations), a worker's recovery is not reduced by any comparative negligence unless the accident was caused solely by the worker's own fault. Labor Law §240 also protects workers who are struck by falling objects.
What compensation can I expect from a scaffolding injury claim?
Compensation varies depending on the severity of your injuries, medical expenses, lost wages, and other factors. Potential damages include medical bills, pain and suffering, lost earnings, and rehabilitation costs.
Do I need an attorney for a scaffolding injury claim?
While you're not required to have an attorney, navigating the legal landscape can be challenging. An experienced scaffolding injury lawyer can help maximize your compensation and ensure your rights are protected throughout the process.
What if the scaffolding equipment was faulty?
If defective equipment caused the accident, you might have a claim against the manufacturer or another third party. However, under Labor Law §240, it is not necessary that the equipment was defective as long as proper protection was not provided for a foreseeable risk. Discussing the specifics with an attorney can help determine the best course of action.
What rights do I have under New York's scaffolding laws?
New York has specific laws, including Labor Law §240, that provide added protection to workers involved in scaffolding accidents. These laws can significantly influence the outcome of your case.
How does Arye, Lustig & Sassower, P.C. handle scaffolding injury cases?
Our team conducts a thorough investigation, enlists the help of experts, and leverages our deep understanding of New York's laws to craft a compelling case. We're dedicated to fighting for the maximum compensation you deserve.
What if I can't afford to pay for an attorney?
We operate on a contingency fee basis, meaning you will only owe us something if we secure compensation. Our priority is your recovery and justice, not adding to your financial burden.