Content reviewed by:
Alex Shulman
If missing safety harnesses cause you to fall from a height in New York, you may be able to file a workers’ compensation claim, as well as a personal injury claim against the parties responsible for the safety violation.
Falls on construction sites can cause devastating injuries. If you fell and suffered injuries because of a missing safety harness, a New York construction accident lawyer from Shulman & Hill can help you obtain the compensation you deserve.
What Happens If Missing Safety Harnesses Cause Me to Fall from a Height?
If missing safety harnesses cause you to fall at a New York workplace, you can generally pursue workers’ compensation benefits, regardless of what caused the accident. You may also have grounds for a third-party personal injury lawsuit against a property owner, general contractor, subcontractor, or another party responsible for unsafe conditions.
A construction accident attorney from Shulman & Hill can evaluate your case and break down your options for pursuing compensation.
Who Is Liable for a Fall Caused By Missing Safety Harnesses?
In addition to filing a workers’ compensation claim for a fall, you may be able to sue a third party. Potentially liable parties include:
- Property owners: A property owner may be liable if unsafe conditions on the property contributed to an elevation-related accident.
- General contractors: A general contractor may be responsible if it had authority or responsibilities concerning the work being performed and required safety protections were not provided.
- Subcontractors: A subcontractor may be liable if its own work, equipment, employees, or safety practices contributed to the fall.
- Equipment manufacturers: A manufacturer may potentially be liable if defective fall-protection equipment, scaffolding, ladders, or other equipment contributed to the accident.
- Other responsible parties: Architects, engineers, site managers, or other companies may potentially share responsibility if their conduct contributed to the dangerous condition.
In New York, you generally cannot sue your employer for a fall at work since workers’ compensation acts as your exclusive remedy for workplace injuries. However, a personal injury attorney from Shulman & Hill can help you pursue compensation from any third parties who contributed to the incident.
What Is the Scaffold Law in New York?
The New York Scaffold Law (Labor Law Section 240) is a state law that holds property owners and general contractors strictly liable for preventable gravity-related injuries on construction sites. Under this law, property owners and contractors can be held responsible if you fall because of inadequate safety gear at work, even if you made a mistake while working.
The Scaffold Law generally applies to construction, demolition, repair, alteration, painting, cleaning, and other work involving elevated locations. However, not every fall involving a missing harness provides grounds for a personal injury claim. For instance, if adequate equipment was provided but you refused to use it, you would not be able to sue a third party.
It’s also important to note that you do not need to prove negligence when filing a claim under the Scaffold Law. Instead, you simply need to show that a property owner or contractor committed a safety violation and that the violation caused your injury. A personal injury lawyer from Shulman & Hill can help determine whether the Scaffold Law applies to your case.
How Long Do You Have to File a Claim After a Workplace Fall in New York?
If you are injured in a workplace fall in New York, you typically have two years from the date of the incident to file a claim with the New York Workers’ Compensation Board. You must also notify your employer within 30 days of the accident. Missing this deadline can jeopardize your right to pursue benefits, so you should report the injury as soon as possible.
If you have grounds for a personal injury lawsuit against a third party, you generally have three years from the date of the injury to file the lawsuit. A workers’ compensation lawyer from Shulman & Hill can review your case and explain how much time you have left to take legal action.
What Injuries Can Result From a Fall From Height?
Falls from heights can produce some of the most serious job site injuries, such as:
- Traumatic brain injuries
- Concussions
- Spinal cord injuries
- Broken or fractured bones
- Neck and back injuries
- Internal bleeding and organ damage
- Shoulder and arm injuries
- Knee and leg injuries
- Nerve damage
- Severe lacerations
- Crush injuries
What Should I Do After a Fall From Height in New York?
After a workplace fall, it’s important to:
- Report the accident: Notify the appropriate supervisor or employer and follow your workplace’s reporting procedures.
- Document the scene: Photograph the location and any missing, defective, or improperly installed safety equipment if your condition allows you to do so safely.
- Get medical attention: Have a doctor evaluate your injuries as soon as possible, even if they appear minor.
- Identify witnesses: Write down the names and contact information of people who saw the accident or knew about the safety problems.
- Preserve records: Keep medical records, bills, work records, accident reports, and other communications related to the incident.
- Avoid speculation: When discussing the accident, stick to what you personally observed rather than speculating about what happened or who is at fault.
- Consult an attorney: Contact Shulman & Hill before giving any recorded statements or agreeing to a settlement offer from an insurance company.
Speak to a Construction Accident Lawyer
If you were injured in a preventable fall at work, you have the right to seek compensation. A construction accident attorney from Shulman & Hill can analyze your case, identify all potential sources of compensation, and help you pursue damages.
Schedule a free case review to discuss your options with an experienced attorney.
