It was just another morning on the job. You laced up your boots, made the commute into the city, and stepped onto the scaffold like you’ve done countless times. Then, in a split second, your footing gave way, and everything went sideways. Now, you’re lying in a hospital bed or laid up at home. You can’t work, and the bills start rolling in. What can you do?
Here’s the truth: you have rights, and yes, you can sue. New York law was built to protect injured workers just like you. At Oresky & Associates, PLLC, we’ve spent decades making sure injured construction workers get everything they’re owed, and then some.
All I Did Was Go to Work?
That’s what so many of our clients say. They didn’t make a mistake. They were simply doing their jobs.
At any time at a NYC job site, you might be working 30 feet or more in the air, on slick, cluttered, or unstable scaffolding. When site managers or contractors leave debris behind, they put lives at risk. You will pay the price, not them.
That’s where we come in.
Under New York Labor Law 240, also known as the Scaffold Law, owners and contractors are strictly liable when a worker falls from an elevation due to unsafe conditions. They don’t get to argue that it was just ?an accident? or it’s the worker’s fault. If the platform didn’t provide proper protection, they’re on the hook for your damages.
What Really Happens After a Scaffold Fall
Let’s be honest construction isn’t like a regular job. It’s how you feed your family. It’s how you keep the lights on. So when you fall, the first thing you feel isn’t pain, it’s panic.
Will I lose my job? Who’s going to help me?
Most injured workers are told to file for workers’ compensation. That’s fine and necessary but here’s the catch: it’s usually not enough.
Workers’ comp only covers your medical bills and a fraction of your lost wages. It doesn’t compensate you for your pain. But a 240 lawsuit can. And we’ve won these lawsuits countless times over the decades.
Your Legal Checklist: What to Do Next
If you’ve fallen from a scaffold, what you do in the hours and days after the accident can make or break your case. Here’s what we recommend:
- Seek medical attention immediately: No delay. This documents your injuries.
- Report the fall: To your foreman, site supervisor, or safety officer.
- Document the scene: If you can, get photos of the wet debris or hazard that caused your fall.
- Keep your boots, gear, and clothing: These may serve as evidence later.
- Get witness contact info: Coworkers can confirm what happened.
- Call a lawyer fast: Evidence disappears quickly. Our experienced team will secure what’s needed before it’s gone.
Time matters. Especially with debris at a construction site, the scene can be cleaned up or altered within hours.
Who’s Legally Responsible When You Slip on Debris and Fall from a Scaffold?
In many scaffold fall cases, more than one party is at fault. Our job is to find them all and hold them accountable. Depending on the facts of the incident, the following parties might be liable:
- The general contractor, for failing to maintain a safe site.
- The property owner, for not ensuring safe working conditions.
- A subcontractor, if their crew left debris or created the hazard.
You don’t need to figure this out yourself. We dig through contracts and site plans to identify liable parties. Multiple entities may share responsibility, which means multiple sources of compensation, so that you’ll be made whole.
Real Injuries. Real Consequences.
Wet debris on a scaffold isn’t just a nuisance, it’s a trap. We’ve handled dozens of cases where a simple slip and fall turned into a medical crisis. Here are just a few examples:
- Broken bones: Fractures that require surgery and months of healing.
- Traumatic brain injuries: Even with a hard hat, a fall can lead to lasting cognitive damage.
- Spinal cord injuries: May cause permanent disability or limited mobility.
- Nerve damage: Chronic pain and loss of function in limbs.
The value of your case depends on how much treatment you’ve had and how your life has changed. We bring in medical experts, life care planners, and economists to calculate the true cost of your work injury, so you’re not left holding the bill.
Labor Law 240 (New York’s Scaffold Law): Your Best Legal Weapon
Let’s break it down simply. New York’s Scaffold Law says: If a worker falls from an elevation (like a scaffold) due to inadequate safety protections, in most instances, the contractor or owner is automatically responsible.
This is not about proving someone was careless. If the site was unsafe and you fell because of a failure to provide proper protection, you have grounds to sue. And our skilled construction fall lawyers know how to use Labor Law 240, we’ve been doing it for decades.
How Much Can You Recover After a Scaffold Fall?
Our job is to win the most money possible for your injuries. We push for compensation in two main categories:
Economic Damages
- Medical bills
- Surgery, rehab, and therapy
- Lost wages
- Future income loss
- Transportation and home modifications
Non-Economic Damages
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Permanent disfigurement or disability
- Loss of consortium for your spouse
Workers’ comp might get you a weekly check and basic medical coverage, but a Labor Law 240 lawsuit can provide for your future.
Our Promise: We’ll Stand with You
We know how intimidating it is to speak up after an injury. At Oresky & Associates, PLLC, we’ve helped secure millions in verdicts and settlements for clients who thought they had no options. Contact us today for a free, confidential consultation. We’ll give you the answers you need to move forward with confidence.
