Financial Recovery for a Construction Fall in New York or New Jersey

According to the Bureau of Labor Statistics, construction and extraction occupations experienced the second-highest number of fatalities among all occupation groups in 2022, with 1,056 deaths.  Falls from heights are a leading cause of death and serious injuries for construction workers in New York, New Jersey, and around the country.

The skilled construction accident lawyers at Hofmann & Schweitzer fight for the rights of injured New York and New Jersey construction workers. If you were hurt or a loved one died after falling on a construction site, contact us to learn how we can protect your recovery.

Causes of Falls From Heights in Construction

Dangerous falls occur for many reasons, including but not limited to:

  • Lack of proper fall protection, such as guardrails, safety nets, and personal fall arrest systems
  • Unstable working surfaces, such as scaffolding, ladders, or rooftops
  • Human error, such as misjudging distances, improper use of equipment, or losing balance
  • Insufficient training on the proper use of fall protection equipment and safety protocols 
  • Weather conditions such as rain, snow, ice, or strong winds 
  • Using equipment inappropriately, such as overloading scaffolding or using ladders that are too short
  • Defective or poorly maintained equipment, such as harnesses, lanyards, or anchor points

New York Law Protects Construction Workers

Multiple parties, such as the site owner, general contractor, or subcontractors, may be responsible for a construction fall. Determining fault for a construction accident is necessary for recovering compensation.

New York's Labor Law § 240, also known as the Scaffold Law, provides essential legal protections for construction workers who suffer injuries from falls or falling objects while working at elevated heights. This law imposes strict liability on property owners and contractors for failing to provide proper safety devices and equipment to construction, demolition, or repair workers at elevated worksites. This means that if a worker is injured due to a fall or a falling object, the property owner or contractor can be held liable for damages, regardless of whether they were directly negligent.

Under the Scaffold Law, property owners and contractors are required to furnish, erect, and maintain scaffolding, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices that provide proper protection for workers. Failure to do so can result in significant legal consequences.

Recovering Compensation After a Fall 

Every construction worker we represent is unique, and each client’s recovery is personal. For a Brooklyn painter hurt in a scaffolding fall, we were able to settle his case for $1.9 million without the need for a trial. Another construction accident client injured in a building fall received a $2.2 million settlement to cover his damages.

Depending on the specific circumstances of your case and the severity of your injuries, our legal team will fight tirelessly to secure compensation for you. You could be compensated for:

  • Medical expenses. From emergency treatments and hospitalizations to ongoing rehabilitation and future medical care, we will pursue compensation to cover the full scope of your medical costs, ensuring you receive the care you need without financial burden.
  • Lost wages. A construction site fall can leave you unable to work for an extended period or even permanently. We will seek compensation for lost wages.
  • Disability. If your construction accident caused a partial or complete disability, we will seek compensation for you.

If a third party's negligence caused the accident, we may seek additional damages for future lost wages, physical pain, emotional suffering, and other losses.

Time Limit for Filing a Construction Site Fall Lawsuit in New York and New Jersey

You do not have endless time to file a lawsuit to recover compensation for a construction site fall from heights injury. New York and New Jersey have statutes of limitations that limit the amount of time you have to file a lawsuit. Accordingly, we encourage you to contact us as soon as possible after a fall on a New York or New Jersey construction site.

Timothy F. Schweitzer
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Personal injury lawyer specializing in maritime, construction and railroad injury claims.
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