Elevation-Related Hazard
Our New York City construction accident attorneys represent victims of elevation-related accidents. Anyone who works at elevated heights is at risk for serious injuries from falls. In fact, falls are the leading cause of construction-related deaths. If you were injured in a fall on a job site, New York Labor Law Section 240 provides for liability against owners and general contractors at the job site. However, while this law offers the opportunity for injured construction workers to recoup damages following an elevated fall, it does not guarantee that victims will be properly compensated.
As a result, it is in the best interests of construction workers who have been injured due to an elevated fall to seek the counsel of an attorney with experience handling construction accident cases. At Queller, Fisher, Washor, Fuchs & Kool and The Law Office Of William A. Gallina, LLP, our construction accident attorneys seek maximum compensation for all of our clients who have suffered an injury from an elevated fall. We have decades of combined experience handling construction accident cases and have a lengthy track record of success. Our firm has collected numerous multi-million dollar verdicts and settlements.*
What Are The Legal Options Available To Victims Of Elevation Accidents?
New York's law regarding liability in construction accidents favors the victims in cases where an elevated fall caused injury. New York Labor Law 240(1) places absolute liability on the general contractor and property owner in cases where construction workers suffered injuries from an elevated fall. This law means that any construction worker who is injured on the worksite due to a fall from elevation, regardless of circumstance, may be entitled to compensation. The only individuals who are exempt from absolute liability under New York Labor Law 240(1) are property owners of one and two-family dwellings.
Construction workers who have been injured in a fall may also be able to file a lawsuit under New York Labor Law 241(6). The aforementioned labor law holds the property owner and general contractor responsible for upholding the specific safety rules of Rule 23 of the Industrial Code regarding the construction or demolition of a building and excavation work. If the fall occurred while the victim was performing any of the previously mentioned types of construction, they may be entitled to compensation under New York Labor Law 241(6).
In addition to filing lawsuits under the aforementioned Labor Laws, construction workers injured in a fall may also be able to file a lawsuit for negligence. In order to have a valid negligence lawsuit, the following must have occurred:
- The individual or entity responsible for the injury must have had a duty of care to the victim. A duty of care is a legal obligation that an individual or entity has to uphold a reasonable standard of care while performing tasks that could potentially injure others.
- The party responsible for the injury must have breached their duty. When an individual breaches their duty of care, they have acted negligently.
- The responsible party's breach of duty must have caused the injury. Essentially, an individual can act negligently without being liable. For the responsible party to be liable, their breach in duty must have been the cause of the victim's injury.
- The victim's injury must have caused them to suffer damages.
What Are Some Common Elevation Hazards?
Below are some common elevation hazards that construction workers may face at a worksite.
How Do I Schedule A Consultation With Your New York City Construction Accident Attorneys?
If you or someone you love has suffered an injury due to an elevation hazard or accident, you may be entitled to compensation. For a free consultation with our New York City construction accident attorneys, call our Manhattan office at 212.406.1700, our Bronx office at 718.892.0400 or contact us online. We will review your case and discuss your legal options with you. The attorneys at Queller, Fisher, Washor, Fuchs & Kool and The Law Office Of William A. Gallina, LLP take all cases on a contingency fee basis, meaning our services are free of charge unless there is a monetary recovery. Our law firm is proud to serve the New York City area, including the Bronx, Brooklyn, Manhattan, Queens and Staten Island, as well as the surrounding counties and New Jersey. We offer legal services in English, Spanish, Portuguese, and Chinese.