How Do I File A Scaffolding Accident Lawsuit In New York?

Workers risk serious injury every time they climb onto a scaffold. In fact, 2.3 million construction workers - 65% of the industry - regularly work on scaffolds, according to the Occupational Safety and Health Administration (OSHA). In 2022, The Bureau of Labor and Statistics (BLS) reported about 60 worker deaths from scaffolding-related incidents.

In New York City alone, scaffolding and construction accidents injured about 500 workers and killed 8 in 2022, according to city statistics. Falls and scaffolding accidents caused the majority of these preventable accidents. Your employer has a legal duty to provide a safe working environment. If they fail in this duty and you're injured as a result, you have the right to hold them accountable.

In this article, we will list out the specific steps needed to file a scaffolding accident lawsuit to protect your rights in seeking fair compensation for your injuries.

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Determine if You Have a Valid Claim Under the Scaffold Law

New York's Labor Law § 240, also known as the Scaffold Law, provides special protections for construction workers injured in scaffolding accidents.

Common ways that employers and property owners violate New York's scaffolding safety laws include:

  • Failure to provide proper guardrails, harnesses, and other fall protection
  • Overloading scaffolding beyond its rated capacity
  • Lack of regular scaffolding inspections and maintenance
  • Inadequate worker training on scaffolding safety and fall prevention
  • Insufficient protection from falling objects

If you were injured while working on scaffolding, ladders, or other elevated platforms, you likely have a valid claim.

Gather Evidence and Documentation

Collect any evidence related to your accident, including:

  • Medical records and bills containing details of your injuries
  • Accident reports and incident documentation (this is why promptly notifying your employer or site supervisor about the incident is crucial).
  • Statements from coworkers who saw what happened
  • Photos of the accident scene and your injuries
  • Your recent pay stubs to show lost income

Pro tip: Consider keeping a detailed record of your injuries and recovery process. This can include:

  • Daily notes on pain levels and symptoms
  • How your injuries affect your daily activities
  • Medical appointments and treatments
  • Any work missed due to your injuries

This "pain journal" can help support your case by providing a clear picture of how the accident has impacted your life.

However, always be honest and accurate in your records. Exaggerating symptoms can harm your credibility and case. 

Consult a New York Scaffolding Accident Attorney

Having an experienced lawyer who specializes in scaffolding accidents and is knowledgeable about NY Labor Laws can help evaluate and strengthen your case.

They'll tell you if your case is worth pursuing and will fight for the compensation you deserve. An expert attorney will also help you identify the liable parties who caused your injury or have legal responsibility.

Identify Potentially Liable Parties

In a scaffolding accident, multiple parties may be held liable for your injuries, depending on the circumstances of your case. These may include:

  • Property owners
  • General contractors
  • Sub-contractors
  • Scaffolding manufacturers
  • Scaffolding rental companies
  • Safety equipment manufacturers
  • Architects and engineers
  • Site supervisors and managers

Your attorney will thoroughly investigate your accident to identify all potentially liable parties and hold them accountable for your damages.

File a Complaint Within the Statute of Limitations

In New York, you generally have three years from the date of your accident to file a lawsuit. However, there are some exceptions, so it's best to consult with an experienced attorney as soon as possible. For example:

  • If the defendant is a government entity, you may need to file a notice of claim within 90 days of the accident.
  • If the accident resulted in death, the deadline to file a wrongful death lawsuit is two years from the date of death.

Your attorney will draft and file a formal complaint with the appropriate court. This document outlines your case against the responsible parties.

Your lawsuit officially starts once this complaint is filed to the appropriate New York court.

The court will then issue a summons. This legal notice tells the defendant(s) - usually your employer, the property owner, contractors, or other responsible parties - that you're suing them.

Engage in the Discovery Process

During this phase, both sides exchange information and evidence relevant to the case.

This might include:

  • Your medical records
  • Safety inspection reports
  • Witness statements
  • Depositions
  • Document request
  • Expert opinions on how the accident happened

Negotiate a Settlement or Prepare for Trial

Many scaffolding accident cases settle out of court, but if a fair agreement cannot be reached, your attorney will prepare your case for trial and will argue your case before a judge or jury.

A Sample Accident Filing Case

Let's look at how this process might work in a hypothetical situation. Meet John, a 35-year-old construction worker who was injured when a scaffold he was working on collapsed due to improper assembly.

Here's how John's case progressed:

Determining the claimJohn's fall from height due to scaffold collapse clearly falls under the Scaffold Law.
Gathering evidenceJohn collected his medical records, the job site accident report, and photos of the collapsed scaffold taken by a coworker.
Consulting an attorneyJohn met with a construction accident lawyer from the Porter Law Group, who confirmed he had a strong case.
Identifying liable partiesJohn's attorney investigated the accident and identified multiple potentially liable parties: his employer, the subcontractor responsible for scaffold assembly, and the scaffolding equipment manufacturer.
Filing the complaintJohn's attorney filed a complaint against all identified liable parties within the three-year statute of limitations. The court then issued summonses, which were delivered to all defendants
Discovery processBoth sides exchanged information. John's medical records and expert testimony on the scaffold's improper assembly were key pieces of evidence.
Negotiation and settlementBased on the strong evidence, the defendants agreed to settle. John received compensation covering his medical bills, lost wages, and pain and suffering.

John's example shows how the legal process can work in your favor when you have a valid claim and follow the proper steps.

How New York's Scaffold Law Protects You

The Scaffold Law provides special legal protections for construction workers against gravity-related accidents. It covers accidents involving many types of elevated work besides just scaffolding, including:

  • Ladders
  • Hoists
  • Stays
  • Slings
  • Hangers
  • Pulleys
  • Ropes
  • Other devices used in construction, repairs, or alterations

Who is protected under the law?

  • Construction workers
  • Repair workers
  • Demolition workers
  • Painters
  • Decorators
  • Any worker involved in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure

Types of accidents covered

  • Falls from scaffolds, ladders, or other elevated work surfaces
  • Falling objects striking workers
  • Collapse of scaffolding or other safety devices

When violations of the Scaffold Law cause accidents, workers may be able to file lawsuits against their employers and property owners to recover compensation. You don't need to prove negligence or fault - failing to ensure safety is enough to make them liable. However, you must take action quickly.

Proving Your Employer's Liability For Your Scaffolding Accident

To win a scaffolding accident lawsuit in New York, you must show that your injuries were caused by a safety violation by your employer or the property owner under the Scaffold Law.

Evidence that can help your case includes:

  • Photos of the unsafe scaffolding conditions
  • Accident scene investigation reports
  • Witness statements from co-workers or bystanders
  • Safety inspection records and violation notices
  • Medical records and doctor reports on your injuries

An experienced New York scaffolding accident lawyer can help gather the evidence needed to build your case and prove liability.

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What Compensation Can You Recover In A Scaffolding Accident Lawsuit?

A scaffolding accident can leave you with painful injuries, mounting medical bills, and weeks or months out of work. Damages you may be able to recover include:

  • Medical expenses for treatment of your injuries
  • Lost wages from missed work during your recovery
  • Future loss of earning capacity if you are disabled
  • Pain and suffering, and emotional distress
  • Loss of quality and enjoyment of life
  • Wrongful death damages for burial expenses and lost financial support if your loved one was killed

Your New York scaffolding accident attorney can calculate the full value of your claim and fight for the maximum compensation possible. In many cases, scaffolding accident lawsuits are resolved out of court. But if needed, your lawyer will take your case to trial.

Seeking Justice and Compensation for Your Scaffolding Accident Injuries?

If you or a family member has been injured in a scaffolding accident, reach out to the Porter Law Group without delay.

Our expert attorneys will help you:

  • Act quickly to avoid missing important deadlines
  • Gather as much evidence as possible
  • Identify liable parties
  • Get full compensation

Our experienced scaffolding accident attorneys have a deep understanding of New York Labor Law § 240 and OSHA guidelines.

Reach out to us at 833-PORTER9 or email info@porterlawteam.com to schedule your free, no-obligation case review.

The Porter Law Group works on a contingency basis, meaning you won't owe us any fees unless we recover compensation for you. 

Last Updated on 
October 24, 2024
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