Falls from Heights

Construction projects often put workers on scaffolds, ladders, lifts, and roofs, which puts them at risk of falling.

According to the Centers for Disease Control, falls are the leading cause of fatalities on job sites. Falls account for one out of every three construction-related deaths. If you’ve been injured in a fall-related accident on the job in New York, you could be left with debilitating injuries that prevent you from working and permanently impact your life. You may be entitled to compensation for your injuries, which an NYC fall from heights lawyer can help you pursue.

At The Perecman Firm, we have spent the last four decades fighting for people like you. We have successfully recovered more than half a billion dollars in settlements and verdicts. In fact, many of the cases we’ve handled have gone on to shape the Labor Law of the State of New York. When looking for a law firm with experience, compassion, and a track record of success, you can feel confident when you turn to The Perecman Firm

Reach out to The Perecman Firm, for a free initial case review with an experienced New York City fall from heights lawyer.

Why Choose Our NYC Construction Accident Law Firm?

We at The Perecman Firm, pride ourselves on decades of zealous representation with outstanding results for our clients.  Here are a few examples of our efforts:

• Our firm has recovered more than half a billion dollars in compensation for our clients.
• We have won over 50 awards of $1 million or more in the last five years.
• We have been representing victims of catastrophic injuries throughout New York for more than 40 years. We have worked on cases that have reshaped the law to improve the rights and protections of accident victims across the city and state.
• We have a legal team of seasoned trial litigators, many of whom have decades of courtroom experience.
• Our firm has earned the deep respect of our peers in the legal industry. Many attorneys turn to us for help with their most challenging injury cases.
• Our full-service firm handles all the details of investigating, preparing, and pursuing your legal claims, so you can stay focused on your medical treatment and recovery while we fight for the money you’re owed.

Who’s Liable for a Construction Fall?

Unfortunately, the negligence and violations of the Labor Law by those who own and exercise control over construction sites are a major problem. While workers’ compensation normally serves as the “exclusive remedy” against an employer for people injured at work, as an injured construction worker in New York, you may be able to pursue compensation through a civil personal injury lawsuit against an entity other than your employer, such as:

Construction accident lawsuits allow injured workers to hold at-fault parties accountable for causing injuries through negligence or violations of the Labor Law. An attorney experienced in construction accident cases can also help accident victims recover compensation that is unavailable or otherwise insufficient through workers’ compensation (such as full past and future income loss, loss of fringe benefits like pension and health insurance, past and future pain and suffering, and more).

While workers’ compensation claims provide benefits (like a portion of lost wages and medical treatment)  regardless of fault, personal injury claims require a person seeking damages to prove the fault of the parties they are suing. A defendant may be liable for your damages from a construction accident if they:

• Violated the Labor Law of the State of New York by
  • Failing to provide proper protection against height-related hazards such as ladders and scaffolds (Labor Law 240)
  • Failing to provide reasonable and adequate protection and safety on the worksite by violating certain specific regulations of the New York State Industrial Code (Labor Law 241(6)).
  • Failing to meet their general duty to protect the health and safety of all persons on the site (Labor Law 200)
• Were negligent in causing your accident or employed the at-fault party
• Manufactured or distributed defective products, such as a defective ladder or faulty safety equipment/ fall-arrest system.

Compensation for Fall Accidents on Construction Sites

If you’ve been injured in a fall at a construction site, you may be entitled to recover benefits from a workers’ compensation claim. In New York State, the workers’ compensation system can provide injured employees with financial benefits that include:

• Medical benefits that pay for all reasonable and necessary treatments authorized by the treating provider, including reimbursement for travel to and from medical appointments and procedures
• Temporary disability benefits, which partially replace lost wages due to missed time from work
• Permanent disability benefits, which can provide financial payments based on the affected body part and severity of the disability or, in cases of total disability, provide long-term partial wage replacement
• Financial payments for permanent visible disfigurement
• Vocational rehabilitation, which offers retraining and job placement in a new position if injuries prevent the resumption of previous job duties

Under certain circumstances, an injured construction worker can also file a personal injury claim after a fall-from-height accident, which can provide further fair and just compensation for:

• Lost wages from time missed work or lost future earnings due to permanent disability
• Physical pain
• Emotional trauma and distress
• Lost quality of life due to disability, disfigurement, or reduced life expectancy resulting from injuries

A worker who is permanently disabled from any form of gainful employment might also be entitled to supplement their compensation by applying for Social Security disability benefits. The Perecman Firm, can also evaluate your eligibility for SSDI or SSI and help you through the application process.

How Our New York City Construction Accident Lawyers Can Help

If you were hurt in a fall from a height while at work, your focus should be on treating and rehabilitating your injuries, not jumping through bureaucratic hoops. Let the NYC construction accident lawyers of The Perecman Firm, fight on your behalf by:

• Thoroughly investigating the facts and circumstances of the accident
• Recovering evidence, which we will use to prove your right to pursue compensation in your claim
• Explaining your legal options within the workers’ compensation system and under personal injury law so that you know what to expect in your case
• Hiring experts in fields such as accident reconstruction, construction site safety, medicine, vocational rehabilitation in order to assist you in obtaining the maximum compensation possible
• Documenting your injuries and disabilities through medical evidence
• Calculating your existing expenses and losses and estimating your future anticipated losses
• Filing workers’ compensation and insurance claims on your behalf to seek financial recovery as quickly as possible
• Pursuing formal workers’ compensation claims and personal injury lawsuits as necessary so that you get the full compensation you deserve

How Long Do You Have to File a Construction Accident Claim in New York?

If you were hurt in a fall from a height at a construction site that was caused by someone other than your employer, you may be able to file a personal injury lawsuit against the party responsible for your injuries. The time to file a lawsuit varies depending on whether the parties responsible are municipal or public authorities or if they are private entities. Typically, a personal injury lawsuit alleging negligence of violations of the Labor Law against a private entity must be filed within three years of the date of the accident.  Suits filed against municipalities or public authorities must be filed in significantly shorter time frames and require other procedural conditions precedent.  Failure to file suit or meet the conditions precedent warrant the dismissal of a case, which is why it is so important to seek counsel as soon as possible.

If you have been injured in a fall from a height while at work you could also be entitled to file a workers’ compensation claim. Under New York workers’ compensation law, injured workers are expected to give notice of their injury to their employer within 30 days following a workplace accident. Additionally, you must notify the New York Workers’ Compensation Board within two years of the date of the work accident.

These time limits make it critical to speak to a New York City falls-from-heights attorney as soon as possible. If a claim is not timely filed, it may be deemed waived, and an injured construction worker can lose their rights to recover compensation.

Common Causes of Construction Site Fall Accidents

Frequent causes of falls from heights on construction sites in New York City include:

Common Injuries in Construction Fall Accidents

Construction workers involved in fall-related accidents on job sites may suffer a wide variety of catastrophic injuries, including:

Construction Site Fall Accident Statistics

According to the City of New York, 197 fall accidents on construction sites occurred throughout the city in one recent year. These accidents resulted in seven fatalities. These figures were significantly higher from the preceding year, which saw 140 fall accidents and four fatalities.

Proven NYC Falls from Heights Lawyers

The Perecman Firm, has recovered over half a billion dollars for injured construction workers in all types of accidents, including those involving falls from heights, falling objects, falls from scaffolding, falls from ladders, and other elevation-related construction hazards. Examples of our results in construction worker fall lawsuits include:

• $15.2 million for a sheet metal worker injured in a fall from an A-frame ladder
• $12 million for a union driver injured in a fall from a ladder
• $11.89 million for an asbestos-abatement specialist hurt in a fall from a suspension scaffold
• $10 million for a worker who fell from a suspension scaffold when ropes broke
• $9.9 million for a worker hurt in a fall from a rolling scaffold
• $9.8 million for two painters injured in a scaffolding collapse
• $9.35 million for a mason who fell through an unfinished floor framework
• $5.3 million for a union carpenter who fractured their heel in a fall from an A-frame ladder
• $5 million for a cable installer who fractured their leg in a fall from an extension ladder
• $5 million for a union crane operator who fell from a stair tower at the WTC construction site
• $4.2 million settlement for a construction worker injured in a fall from a sidewalk bridge
• $3.6 million settlement for a union worker who fell into an unguarded trench in the road
• $3.4 million for a laborer who fell through a collapsed floor on a demolition site
• $3.325 million for a laborer that was injured by a wooden 4x4 that was not properly secured
• $2.5 million for a union worker who fell from a platform into a trench

When you need experienced legal representation to help you recover compensation after being injured in a fall at work, contact The Perecman Firm An NYC falls from heights attorney from our firm can explain your legal options during a free consultation.