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.
Need Help Filing a Scaffolding Accident Lawsuit?
The Porter Law Group will guide you through this complex and overwhelming time. Reach out to us today!
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:
If you were injured while working on scaffolding, ladders, or other elevated platforms, you likely have a valid claim.
Collect any evidence related to your accident, including:
Pro tip: Consider keeping a detailed record of your injuries and recovery process. This can include:
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.
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.
In a scaffolding accident, multiple parties may be held liable for your injuries, depending on the circumstances of your case. These may include:
Your attorney will thoroughly investigate your accident to identify all potentially liable parties and hold them accountable for your damages.
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:
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.
During this phase, both sides exchange information and evidence relevant to the case.
This might include:
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.
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 claim | John's fall from height due to scaffold collapse clearly falls under the Scaffold Law. |
Gathering evidence | John collected his medical records, the job site accident report, and photos of the collapsed scaffold taken by a coworker. |
Consulting an attorney | John met with a construction accident lawyer from the Porter Law Group, who confirmed he had a strong case. |
Identifying liable parties | John'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 complaint | John'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 process | Both sides exchanged information. John's medical records and expert testimony on the scaffold's improper assembly were key pieces of evidence. |
Negotiation and settlement | Based 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.
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:
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.
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:
An experienced New York scaffolding accident lawyer can help gather the evidence needed to build your case and prove liability.
Seeking Legal Counsel for Your Scaffolding Accident Lawsuit?
Call us today, and our expert scaffolding accident lawyers will review your case for free.
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:
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.
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:
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.
Avoid sharing confidential information via contact form, text, or voicemail as they are not secure. Please be aware that using any of these communication methods does not establish an attorney-client relationship. *By appointment only.
The information contained on this site is proprietary and protected. Any unauthorized or illegal use, copying, or dissemination will be prosecuted to the fullest extent of the law. All content on this site is provided for informational purposes only. It is not, nor should it be taken as medical or legal advice. None of the content on this site is intended to substitute for medical advice, diagnosis, or treatment. Attorney Advertising.
We serve clients in every city and county in New York State. These include places like: The Adirondacks, Albany, Alexandria Bay, Amsterdam, Astoria, Auburn, Ballston Spa, Batavia, Beacon, Binghamton, Brooklyn, Buffalo, Canandaigua, Carthage, Cattaraugus, Catskill, Cayuga Lake, Cazenovia, Chelsea, Clayton, Clifton Park, Cobleskill, Colonie, Cooperstown, Corning, Cortland, Delhi, Delmar, Dunkirk, East Aurora, East Hampton, Elmira, Fayetteville, Finger Lakes, Flushing, Fredonia, Fulton, Garden City, Geneva, Glen Cove, Glens Falls, Gloversville, Gouverneur, Great Neck, Greenwich Village, Hamilton, Hammondsport, Harlem, Haverstraw, Hempstead, Herkimer, Hornell, Hudson, Huntington, Ilion, Ithaca, Jamaica, Jamestown, Johnstown, Kingston, Lake George, Lake Placid, Lewiston, Little Falls, Liverpool, Lockport, Long Island City, Lowville, Malone, Manhattan, Manlius, Massena, Medina, Middletown, Monticello, Montauk, Mount Vernon, New Paltz, New Rochelle, Newburgh, Niagara Falls, North Tonawanda, Norwich, Nyack, Ogdensburg, Old Forge, Olean, Oneida, Oneonta, Ossining, Oswego, Penn Yan, Peekskill, Plattsburgh, Port Chester, Potsdam, Poughkeepsie, Queens, Rhinebeck, Riverhead, Rochester, Rome, Rye, Sag Harbor, Saranac Lake, Saratoga Springs, Schenectady, Seneca Falls, Seneca Lake, Skaneateles, SoHo, Southampton, Spring Valley, Staten Island, Stony Brook, Suffern, Syracuse, Tarrytown, The Bronx, Thousand Islands, Ticonderoga, Troy, Tupper Lake, Utica, Warsaw, Waterloo, Watertown, Watkins Glen, Wellsville, White Plains, Williamsburg, Woodstock, Yonkers, and many more communities throughout New York State.
Copyright © 2025, Porter Law Group. Personal Injury Lawyers
Made with 💛 by Gold Penguin