If you or a loved one was harmed in a scaffolding accident on a construction site, it’s essential to understand your legal options. Apart from filing a claim for Workers’ Compensation, you may be entitled to commence legal action against a negligent third party for the injury they caused you to suffer. While your legal recourse after a scaffolding accident will depend upon the facts of your accident, you may be entitled to recover a wide range of damages for your injuries by filing a lawsuit.
The following are three avenues of legal recourse you may be able to pursue after a scaffolding accident, based on the circumstances of your specific claim:
Personal Injury Lawsuit Against a Negligent Third Party
A scaffolding accident can result in serious, life-altering injuries, including broken bones, traumatic brain injury, nerve damage, paralysis, lacerations, organ damage, amputation, and permanent debilitation. Not only can these types of injuries result in the need for extensive medical treatment and time lost from work, but they can also cause a victim to experience significant physical pain and emotional distress. While a worker cannot hold their employer accountable for a scaffolding accident because of New York’s Workers’ Compensation laws, there are often third parties who are present on construction sites who may be responsible.
Potentially liable third parties in a construction site scaffolding accident can include the following:
- Subcontractors
- Contractors
- Property owners
- Architects
- Engineers
- Third-party vendors
Property owners and contractors are responsible for providing construction workers with the proper safety gear and equipment when working on scaffolds by law. Under New York’s Scaffold Law, these parties are strictly liable for any injuries that occur due to scaffolding accidents on construction sites. This means that negligence does not need to be proven — a victim must only show that a violation of the statute must be demonstrated to have a successful claim.
Claim for Defective Equipment
While the Scaffold Law ensures the safety of workers when it comes to furnishing and erecting a scaffold, it does not cover the actual manufacturing of it. However, it’s important to be aware that if the scaffolding accident was caused by defective equipment or machinery, you may be able to pursue a product liability claim against the manufacturer, distributor, supplier, or retailer for unsafe scaffolding. These types of claims can arise in connection with faulty design, manufacturing defects, or inadequate warnings.
Wrongful Death Claim
In the event of a fatal scaffolding accident on a construction site, a victim’s loved ones may be entitled to pursue a wrongful death lawsuit against the liable party. In such cases, the surviving spouse and dependents may be able to recover the economic damages they incurred due to their loss, including:
- Compensation for medical expenses related to the accident
- The victim’s lost wages
- Funeral and burial costs
- Loss of guidance and support
- Loss of household services
- The decedent’s future earnings
A victim’s family cannot recover compensation for their own pain and suffering due to the loss of their loved one. However, by filing a separate survivorship cause of action, financial recovery may be obtained for the conscious pain and suffering the victim experienced from the time they were injured until their passing.
Contact an Experienced New York Personal Injury Attorney
If you were injured in a scaffolding accident on a construction site, it’s important to have a knowledgeable attorney by your side who can explain your legal options and fight for maximum compensation on your behalf. Due to our knowledge, proficiency, and insight, The Edelsteins, Faegenburg & Brown, LLP regularly obtains significant settlements and jury verdicts for victims of scaffolding accidents. Located in Manhattan, our firm has been handling personal injury matters throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.