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Falling off Scaffolds and Sidewalk Bridges While Building and Taking Them Down: Can I Sue?

Updated

4/17/2025

Table of Contents

Yes, you can sue if you sustained injuries while dismantling a scaffold or sidewalk bridge. Our NYC scaffolding accident lawyers will help you build and pursue a case if you fell while building or taking down a scaffold or sidewalk bridge.

Construction workers, including undocumented workers, have rights under state law. Oresky & Associates, PLLC, will protect those rights by holding accountable anyone who put you in unnecessary danger on the job.

Dangers of Falls from Scaffolds and Sidewalk Bridges While Building Them in New York

Scaffolds and sidewalk bridges are supposed to protect workers who perform tasks at elevated heights. The act of constructing this equipment, however, can in and of itself be dangerous. Workers can fall from half-constructed scaffolds, get caught in a collapse, or be struck by falling debris.

These kinds of accidents can result in severe injuries, such as broken bones and spinal cord injuries. In all too many cases, scaffolding accidents result in wrongful death.

Falls of all kinds are a known hazard on construction sites. The U.S. Bureau of Labor Statistics (BLS) reports that falls are one of the main causes of construction accidents, accounting for over a third of all construction deaths nationwide. For this reason, employers and others are legally required to provide fall protection for workers — and may be legally liable if they fail to do so.

Are Employees Entitled to a Safe Workplace?

As a construction worker, you are entitled to a safe workspace, no matter what work you are performing.

Labor Law 240(1), also called New York’s Scaffold Law, states that owners and contractors are responsible for providing “proper protection” to construction workers.

This applies to:

  • Certain building owners
  • Contractors

“Proper protection” varies from site to site, but it often includes:

  • Scaffolds and sidewalk bridges.
  • Fall protection while erecting, working on, or taking down these and other structures.

Labor Law 241(6) provides additional protection for construction workers. It states that certain building owners, and contractors must take reasonable measures to ensure the entire construction site is arranged and operated safely.

According to these laws, not only do you need fall protection on scaffolding, but you are legally entitled to that protection.

Can I Sue If I or My Loved One Fell from Scaffolding or a Sidewalk Bridge While Building or Dismantling Them?

Yes. Under the law, contractors and certain building owners have absolute liability in fall accident cases, from elevated heights. This gives you the right to sue them for failing to protect you or your loved one.

Oresky & Associates, PLLC, will help you with your case by:

  • Proving that the at-fault party was responsible for your safety and caused your fall.
  • Handling all of the paperwork and navigating all deadlines.
  • Negotiating with the insurance company for the damages you need, including past and future pain and suffering, medical expenses, and loss of union benefits.
  • Representing you in court and pursuing a jury award if necessary.
  • Communicating with you throughout your case and providing honest, realistic updates and advice.
  • Assisting you in either English or Spanish.

You also have the right to file a workers’ compensation claim. Unlike a personal injury claim, you do not need to prove liability to recover benefits in a workers’ comp claim. However, the types of damages you can pursue are much more limited. A personal injury claim or lawsuit is often the better option for recovering just compensation and holding the liable party accountable. In many instances, both are available simultaneously.

Hire Our Accident Attorneys

Contact Oresky & Associates, PLLC, at (718) 993-9999 to speak with our attorneys about your rights as an injured worker.

Free Consultation

Do I Need a Lawyer After a Scaffolding or Sidewalk Bridge Fall in NY?

The construction accident attorneys at our firm will manage your entire case so you do not have to worry about any legal matters as you recuperate.

This makes it easier for you to navigate challenges, such as if:

  • The liable party denies that their actions or inaction contributed to the scaffold or sidewalk bridge accident.
  • The insurance company denies or undervalues your claim.
  • The liable party or their insurer says your injuries are not work-related.

It often takes a long time to recover from falling off scaffolding. Spend that time with your loved ones while our NYC team deals with your legal case.

You Can Sue After a Scaffold Fall

Scaffolding falls in NYC are often catastrophic events that permanently change a worker’s life.

You deserve help fast, so we start every case by offering a free consultation. Then our construction accident lawyers in NY build a case showing that you were denied proper protection on the job.

If you fell while building or taking down a scaffold or sidewalk bridge, call Oresky & Associates, PLLC, at (718) 993-9999. We will confront the at-fault party and demand the financial compensation you and your family are entitled to.