If I Fell From a Ladder or Scaffold That Belongs To My Boss, Does That Affect My Legal Situation?

Tuesday, October 8th, 2013

The New York construction accident lawyers at Block O’Toole & Murphy have a long and proud history of helping injured construction workers. Frequently, injured workers ask some very thoughtful questions. One of the most common questions comes after a worker is injured when the ladder or scaffold they were on falls or collapses. The ladder or scaffold they were using belongs to their boss or employer. The worker wonders, how does the fact that the ladder or scaffold belonged to my boss impact his or her ability to pursue a case?

In a city with as much construction as New York, construction site accidents pose serious threats to workers, especially those that are working at elevated heights. It is true that when a worker is injured during the scope of their employment they may be entitled to worker’s compensation benefits. What is also true, which many workers do not realize, is that they may also have the right to bring a lawsuit to recover for their pain and suffering, loss of earnings and medical bills after a New York ladder or scaffold accident. This may be true even if the worker was injured using equipment or tools provided by their employer such as ladders and scaffolds. Why? A worker is entitled to a safe place to work no matter what.

The Workers’ Compensation Laws in New York passed by the New York State Legislature in 1914 as a compromise between employee and employer interests. As part of the compromise, employees in most instances lost the right to sue their employers for negligence resulting in injury, illness or disability. In return, employees generally receive some payment from workers’ compensation without regard to fault as long as the injury, illness or disability was related to work. Any time a serious injury occurs while at work, it is advisable to talk to a lawyer. Some workplace accidents may permit the injured party to sue a third party (e.g., product manufacturer, general contractor, property owner or someone other than the employer who contributed to the injury) in addition to their worker compensation benefits. There are also special laws in New York that offer additional protection to certain workers such as workers at a construction sites. Bottom line, you may have the ability to bring an action against another party if you have been involved in a fall from a ladder or scaffold.

If you or a loved one have been injured as a result of a fall from a ladder or scaffold or any type of accident on a construction site, contact the experienced construction accident lawyers Block O’Toole & Murphy, LLP so you can be informed of your rights. Block O’Toole & Murphy is a boutique law firm that prides itself on providing focused attention to our clients and their cases. Our construction accident lawyers have consistently obtained some of the largest construction accident verdicts and settlements for injured workers in New York State, including more than $700,000,000 in overall verdicts and settlements for injured victims. You can learn more about the firm and some of our success stories at our website at www.blockotoole.com.

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