Bronx Scaffold Accident
Scaffolding work is very common in the Bronx and in other parts of New York. It is also quite dangerous for workers. While there are federal and state safety regulations that are designed to ensure the safety of those who work on scaffolding, these rules are not always followed. When safety rules broken, there is an increased likelihood that a catastrophic accident will occur. Because scaffolding can be several stories above ground, scaffold accident often involve a worker falling from a significant height. The result is serious injuries such as broken bones, head or brain injury, internal bleeding, or a back or spinal cord injury. Sadly, many victims do not survive scaffold accidents. If you have been injured in a scaffolding accident it is important that you immediately contact an experienced Bronx scaffold accident lawyer as there are strict time limits for filing construction accident claims.New York Scaffold Law
With the safety of construction workers in mind, New York Labor Law Section 240 was created. It is commonly referred to as the "scaffold law." The scaffold law places strict liability on owners of commercial property as well as general contractors in instances where a worker is injured in a scaffold accident. This means that owners of commercial property and general contractors who perform construction work or renovations must exercise care in order to protect workers from gravity related accidents such as falls or falling objects. If a worker is seriously injured and did not have the proper protection, the property owner and contractor are liable.Pursuing a claim
Even with safety measures in place, scaffold accidents continue to occur—many of them leaving seriously injured victims. Many are fatal. Most construction accidents are covered by workers' compensation. This means that the injured party would be entitled to medical benefits and wage replacement. If the injury leaves the victim unable to work for a long period of time, the worker may be eligible for Social Security disability benefits.
There are construction accident cases where the victim may have the right to pursue compensation through a personal injury claim in addition to worker's compensation benefits or instead of worker's compensation. For example, if someone other than your employer or a co-worker caused the accident that resulted in your injuries, you may have the legal right to sue that third party. Examples of possible defendants include the property owner, general contractor, or equipment manufacturer. The compensation that you may be entitled to receive includes:
- Medical bills: Medical expenses may include fees related to the emergency room, your doctor, specialists, lab work, MRIs, surgery, medical equipment, assistive technology, rehabilitation and nursing home care.
- Loss of income: Because a serious injury may result in an extended recovery time during which you are unable to work, the party responsible may be ordered to pay you for the income you lost. Such compensation is not limited to the hourly wages you lost or salary that you lost. It may also include the value of the sick or vacation days that you had to use while recovering.
- Pain and suffering: Victims may be able to file a claim for pain and suffering caused by their injury, as well as for loss of enjoyment of life. Whether you will be entitled to receive pain and suffering damages and the amount of such damages depends on the seriousness of your injuries.
- Wrongful death: If a family member was killed in a scaffolding accident, you may be able to pursue damages in a wrongful death lawsuit. The claim can include reimbursement for medical bills, pain and suffering, and loss of future income.
If you or a loved one has been injured in a scaffolding accident it is important to have experienced representation. The staff at the Law Offices of Stephen Bilkis & Associates is experienced in representing victims injured in accidents including construction site accidents, ladder accidents, scaffold cases, slip and fall, cases as well as other types of accident cases. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.