Staten Island Personal Injury Attorney

IF YOU OR A LOVED ONE HAVE BEEN INJURED IN A FALL FROM A SCAFFOLD OR FROM A LADDER…….

NYS Labor law - there is Absolute liability for  scaffold accidents and falls from heights while working.

Section 240 Claims, under NY Labor Law this is a powerful tool for ensuring that our clients who are injured can obtain  the compensation to which they are entitled.

In such instances in addition to any workers compensation claim the worker can proceed in a  third party actions against the general contractor , contractor responsible for erecting the scaffold , or supplying the and placing the ladder in addition to the owner of the property to name the most likely parties to such an action.  These third parties are deemed  to have a non delegable  and absolute duty to provide for safety for those working from heights.

In these cases where a safety devices collapses the statute is deemed violated

It is also considered  violated when the device slips or is otherwise nor properly positioned or erected – such a s a ladder on a slippery surface

What if the worker was “negligent”  in some way contributing to the cause of the accident?

In Bland v. Manocheria  the NYS Court of Appeals  held that  anything the worker does to cause the accident can only be used for comparative fault which does not defeat a claim under this section of the law.

One of  my best cases to date  concerned a Section 240 claim for a laborer whose ankle was crushed by a cement buggy that rolled down  when he was working on a ramp behind it.  

We recovered $1,000.000.00 for our client after  mediation in less than one year.

My team has also had considerable success with such claims and with construction accidents in general.