Highland Attorney Asserts Workers’ Rights Under New York’s Scaffold Law

Aggressive pursuit of full compensation for negligence 

Although workers’ compensation is the exclusive remedy for workplace accidents in most situations, injured construction and maintenance workers in New York State can sometimes pursue personal injury damages under Labor Law §240. The "Scaffold Law," as it is commonly known, provides critical protections for laborers working at elevated heights. If you have suffered a fall due to negligence, Peter M. Cordovano, P.C. in Highland can help you pursue the full compensation you deserve.

Worker coverage under Labor Law §240

Labor Law §240 applies specifically to construction, demolition and repair workers performing certain tasks at elevated heights, where falls or falling objects are common hazards. Employers are required to provide such workers with proper safety equipment, such as scaffolds, ladders and safety harnesses. If the employer fails in that duty, the employer is strictly liable for injuries that result from a fall or a falling object. This means that injured workers don’t have to prove that their employer was negligent, only that the necessary safety equipment or precautions were not provided.

Common accidents that the NY Scaffold Law covers

Several types of accidents trigger claims under Labor Law §240, such as:

• Falls from heights — If a worker falls from a scaffold, ladder or other elevated structure due to inadequate fall protection, the employer can be held liable.
• Falling objects — Workers may be struck by objects that fall from elevated platforms, scaffolds or buildings under construction. If the employer fails to secure or cover hazardous materials properly, they can be deemed responsible for the injury.
• Scaffold collapses — If a scaffold collapses due to improper construction or failure to maintain safety protocols, workers on or near the scaffold may be entitled to compensation.
• Improperly secured ladders — A worker may suffer injuries if a ladder is not properly secured or is otherwise unsafe.

These types of accidents often involve severe harm, such as broken bones, head trauma, spinal injuries and fatalities. 

How a personal injury attorney can prove eligibility for damages under Labor Law §240

When an injured worker files a claim under Labor Law §240, a personal injury attorney familiar with construction accidents can help prove eligibility for damages by gathering and presenting key evidence. This evidence may include:

• Workplace accident reports — Documentation from the scene of the accident showing how the incident occurred and whether the employer failed to provide the required safety measures.
• Witness testimony — Statements from co-workers or other witnesses who observed the accident or the failure to follow safety protocols.
• Expert testimony — Construction safety experts can testify about industry standards, equipment failures or safety violations that contributed to the injury.
• Medical records — Evidence of the injury's severity and the long-term impact on the worker's health and ability to work.

As your attorney, I also assess whether any liability rests with third parties, such as subcontractors or manufacturers of defective equipment. Workers who are injured under Labor Law §240 may be entitled to compensation for medical expenses, lost wages, pain and suffering, and future medical care. I understand how crucial the damage award can be for your future. You can rely on my skill and dedication as I work tirelessly to recover the maximum amount via settlement or by taking your case to trial.

Contact a New York attorney for a free consultation on Scaffold Law injuries 

Peter M. Cordovano, P.C. in Highland represents workers throughout New York State who have sustained injuries due to Scaffold Law violations and third-party negligence. To schedule a free consultation, call 845-640-3846 or contact me online.