New York's Scaffold Law can provide crucial protections for workers injured in construction vehicle accidents involving height risks. This law holds property owners and contractors responsible for gravity-related injuries, which may include incidents involving cranes, forklifts, and dump trucks.
Struck-by incidents – when a worker is hit by a moving object, such as a vehicle, falling material, or swinging equipment – are a leading cause of deaths and injuries in construction. Approximately 75% of fatalities involve heavy equipment like trucks or cranes. In 2020, the construction sector saw 150 deaths and 14,000 nonfatal injuries from struck-by incidents, with the nonfatal injuries alone costing $1.4 billion in workers' compensation.
If you or a loved one has been injured in a heavy vehicle accident on a New York construction site, seek the help of an experienced construction attorney. They can help you better understand your legal options, as the Scaffold Law may entitle you to compensation beyond workers' compensation.
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The Scaffold Law, officially known as New York Labor Law § 240, protects workers from height-related risks on construction sites. Despite its name, this law covers more than just scaffolding accidents. It can apply to various situations where gravity-related hazards are present, which may include incidents involving construction vehicles.
The Scaffold Law requires property owners and contractors to provide proper protection for workers against falling and being struck by falling objects. This protection may extend to work involving:
Remember that each incident is unique. An expert New York construction vehicle accident lawyer will help you determine if the Scaffold Law applies to your injury.
Let's look at specific scenarios where the Scaffold Law might apply to a construction vehicle accident:
You're operating a crane and fall while climbing down from the cab because there's no proper ladder or handholds. Even if the operator made a mistake, the Scaffold Law likely applies here, as it's a height-related injury due to a lack of safety equipment.
You're working below a raised dump truck bed when improperly secured materials fall and injure you. This scenario falls under the Scaffold Law because it involves a gravity-related risk directly tied to the vehicle's operation.
You fall from an elevated forklift platform because a safety harness wasn't provided. The Scaffold Law would apply, as it involves both height and inadequate safety measures.
You're unloading materials in the bed of a raised dump truck. If you get injured falling from this elevated part of the vehicle due to a lack of proper fall protection, a Scaffold law violation may be claimed.
In each of these cases, you may have grounds for a claim under Labor Law § 240, in addition to any workers' compensation benefits.
For a stronger claim under the Scaffold Law involving construction vehicles, your case must include:
The injury must result from a fall from height or from being struck by a falling object, for example, falling from an aerial lift or being hit by materials from a raised forklift.
Evidence must show that adequate safety measures were not in place. This could include the absence of safety harnesses, guardrails, or proper securing mechanisms for elevated loads.
The injury must occur during construction, demolition, repair, alteration, painting, or cleaning of a building or structure.
Unlike typical personal injury cases, Scaffold Law imposes strict liability. If these elements are met, the property owner or contractor can be held liable regardless of their direct involvement or the worker's potential negligence.
The key here is establishing that your injury was directly related to the effects of gravity and that your employer did not provide sufficient protection. This could include situations where safety equipment was absent, inadequate, or defective.
Seeking Justice for a Construction Vehicle Accident?
Get in touch today and let us help you secure the full compensation you deserve.
New York's Scaffold Law protects construction workers, including those working with or around vehicles. The Porter Law Group can help you secure compensation beyond standard workers' comp if you've been injured in a construction vehicle accident involving elevation-related risks.
Given the specific requirements and time limits for these claims, it is crucial to contact an attorney promptly. Reach out to us today at our toll-free number, 833-PORTER9. You can also email info@porterlawteam.com to schedule a free, non-obligatory consultation.
Remember, you're not alone. Our seasoned construction attorneys will evaluate your case, outline your rights, and help you seek full compensation under the law.
