Construction Site Falls
Falls on construction sites, regardless of whether they are from a significant height, can result in severe personal injuries or death. Falls are the number one cause of fatalities in the construction industry in New York and in the US.NEW YORK CONSTRUCTION WORKERS INJURED IN A FALL FROM HEIGHT
As a result of the risks associated with falling at a construction site, there are favorable laws in the state of New York that allow workers injured in construction site falls to bring lawsuits against owners, general contractors and other parties.
The Labor Law of New York §240(1) provides that:
“all contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, bocks, pulleys, braces, irons, ropes, and other devices, which shall be so constructed, placed and operated as to give proper protection to a person so employed.”
Therefore, if a construction worker is working at an elevation, taking part in erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure, is injured as a result of gravity and has not been provided proper protection from gravity, the owner of the property and the general contractor will be responsible for the injured worker’s accident.NY CONSTRUCTION ACCIDENT OCCURING AT GROUND LEVEL
If a construction site fall occurs at ground level, a worker may also bring a claim. For instance, workers who fall at ground level due to debris, may have a claim under New York Labor Law §241(6) against the owner of the property and the general contractor for a violation of section 23-1.7(e) of the Industrial Code, which requires that “all passageways shall be kept free from accumulations of dirt and debris and from any other obstructions or conditions which could cause tripping.” In addition, a construction worker who suffers a construction site fall may also have a claim under New York Labor Law §200, which provides that a worker must be given a reasonably safe place to work.TOP NEW YORK CONSTRUCTION ACCIDENT LAWYERS HELPING THE FAMILIES OF WORKERS WHO WERE INJURED OR DIED IN A FALL
In the case of a construction site fall, there are many potential parties that may be at fault, such as the owner, general contractor, subcontractors and others. Determining who is at fault for a construction site fall requires a thorough understanding of the various laws of New York and New Jersey, in particularly the Labor Law of New York §240(1), §241(6) and §200. The NY construction fall accident attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have vast knowledge in these areas of law. In fact, the firm’s attorneys have been asked to lecture time and time again to other attorneys, judges and other legal professionals on the various construction laws.Cases of Note
The following is a partial list of what the New York construction site fall accident lawyers at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have achieved in construction site fall lawsuits:
- $16,000,000 settlement in a construction accident case for an asbestos handler who fell 23 feet from a scaffold during demolition of the Pepsi plant in Long Island City. The total funds to the injured worker and his wife exceed $25 million when the annuity purchased with a portion of the settlement proceeds is considered.
- $12,500,000 verdict for the wife of a parking garage employee who fell from and was killed by a man lift while at work.
- $8,625,000 Recovery for the Wrongful Death of a 38 Worker in a Construction Accident as a result of a fall from a ladder.
- $5,800,000 settlement in a Brooklyn construction accident case for a man who suffered paraplegia as a result of a fall from a scaffold when it was struck by a hi-lo.
- $5,000,000 recovery in a New York Construction Accident case for a man who suffered brain injury when he fell from a ladder at a construction site. The recovery included an agreement for workers compensation payments to continue despite the settlement.
- $5,000,000 settlement in a construction accident case for a construction worker who fell from the roof of a building during a construction project and miraculously sustained only leg fractures.
- $4,000,000 million verdict in a construction accident case in New York County on behalf of a laborer who suffered burns after falling into a pit of scalding water.
- $3,975,000 settlement in a New York Construction Accident case on behalf of a construction worker injured pursuant to the New York State Labor Law when he fell off of a slippery dump truck ladder and was impaled on vertical rebar left uncapped at a construction site.
- $2,950,000 settlement in a construction accident case for the estate of a single woman who suffered injuries and later died as a result of falling from a defective scaffold at a construction site.
- $2,700,000 settlement in New York County in a construction accident case for a worker in his sixties who was killed when he fell from a building canopy he was cleaning.
- $2,500,000 settlement for a Queens carpenter who sustained a back injury when he fell from a rolling Baker Scaffold.
- $1,400,000 settlement on behalf of a New York construction worker injured when the glass roof of a greenhouse he was installing collapsed causing him to fall to the ground.
- $1,200,000 recovery in a New York Construction Accident Case for a man who fractured his heel when a scaffold at a construction site collapsed.
- $1,200,000 settlement in a Bronx County construction accident case to 50-year old brick mason who sustained a fractured heel when the scaffolding on which he was working collapsed causing him to fall approximately 15 feet to the ground.
- A verdict of $1,073,295 in the Brooklyn Supreme Court on behalf of a 38-year old construction worker who fell face-first from a defective ladder and sustained a fractured jaw and seven lost teeth
If you or a loved one has been severely injured or killed as a result of a fall on a construction site in New York, it is essential to speak with an attorney who has a firm grasp of the various construction and labor laws. The NYC construction fall accident attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have been litigating cutting accidents for over 100 years. Please contact us today.
Disclaimer: Please be advised that the results achieved in any given case depend upon the exact facts and circumstances of that case. Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf cannot guarantee a specific result in any legal matter. Any testimonial or case result listed on this site is based on an actual legal case and represents the results achieved in that particular case, and does not constitute a guarantee, warranty or prediction of the outcome of any other legal matters.