Long Island Scaffolding Injury Lawyers

In many parts of the New York metropolitan area, construction scaffolds are so common that pedestrians hardly even notice them. These structures are required to keep workers safe while they are working high above the ground. When things go wrong, such as a broken plank or a dropped piece of equipment, the consequences could be devastating. Licatesi Law Group, LLP, with offices in Uniondale, Long Island and Brooklyn, provides comprehensive legal counsel to plaintiffs in scaffold injury claims throughout Nassau and Suffolk counties, as well as the five boroughs.

Causes of scaffold accidents

The Occupational Safety and Health Administration (OSHA) tracks scaffold accidents and institutes regulations regarding the proper installation and use of scaffolds. Some of the most common contributors to scaffold accidents noted by OSHA are as follows:

• Planking and support collapses — The planks and the framework must be able to withstand four times the weight of the workers and materials that will be on them. When the surface that a worker stands on gives way, there might not be any way to avoid a serious fall.
• Lack of fall protection — Depending on the particular circumstances, guardrails, midrails, toeboards or personal fall protection systems could be used to prevent someone on a scaffold from falling. If a party responsible for scaffold safety failed to provide appropriate fall protection, they could be liable for the damage that results.
• Equipment malfunctions — Even when a contractor takes care to establish a safe scaffold, the equipment used to construct the platform might have latent flaws. Should you be hurt because some part of the scaffold did not work properly, we will take action against the manufacturer or other party responsible for the problem.
• Dropped objects — Tools, building materials and other items that fall from a scaffold are capable of causing a traumatic brain injury or some other type of harm if they strike someone on the ground.

No matter how your scaffold accident occurred, our firm has the skill and determination to help you pursue justice. We have collected more than $100 million for New York personal injury plaintiffs like yourself and draw on that experience when litigating against defendants and their insurance companies.

Absolute liability for scaffold accident claims under New York law

New York's Labor Law 240 creates absolute liability for the defendant owner or contractor in scaffold accident claims. This means that, unlike other cases, any negligence on the victim's part will not be taken into account when determining a personal injury award. So even if you were partly to blame for your injury, you would still be able to collect the full amount of your damages rather than a reduced share based on the state's comparative fault law.

However, it is important to understand that absolute liability does not mean that the defendant will always be found liable. It is still essential to hire a seasoned lawyer who knows how to develop the strongest case possible through the gathering of evidence, including witness statements, safety regulations compliance and expert analysis. We use what we've learned to secure compensation for medical expenses, lost wages, pain and suffering, permanent disfigurement and the negative effect the scaffold accident had on the victim's ability to enjoy life.