Long Island Falls From Heights Lawyer
Working from heights is dangerous, so construction site managers, supervisors, and other employees must take every precaution to ensure everyone’s safety. Construction workers could suffer catastrophic injuries if they fall from a great height. It’s not fair for an injured worker to cover their medical bills and other expenses from this accident.
Determining who the liable party could be can prove difficult, but one of our falls from heights attorneys in Long Island can help you with this task. At Shulman & Hill, we help workers pursue the compensation they need after getting injured in an accident. If you or a loved one was a victim of such an incident, we investigate what happened, build a case for compensation, and represent you through all proceedings.
Contact our firm today at 516.613.3196 to begin your free consultation.
Types of Compensation You Can Seek After Falling From Heights in Long Island, NY
Those who fall from heights and suffer injuries can pursue compensation. At Shulman & Hill, we have recovered $250 million for our injury clients. One of these case outcomes includes a $2 million settlement for a construction worker who fell off a ladder. As a result, he injured his right ankle, right knee, and left shoulder, requiring many surgeries.
The compensation you’re entitled to seek depends on the details of your case. But, generally speaking, the factors that are considered are your pain and suffering and medical costs.
Also, the action you take depends on your relationship with the liable party. You may be entitled to receive:
Workers’ Compensation Benefits
New York State generally doesn’t allow employees to sue their employer, as it mandates most employers to carry workers’ compensation insurance. According to the New York State Workers’ Compensation Board (WCB), if you sustained a workplace injury, you may be eligible to obtain coverage for:
- Health care expenses for medical care, surgical care, dental care, optometry, assistive devices, and necessary medications
- Part of your lost wages if you cannot work for seven days or your employer reduced your pay (if you work fewer hours or have to take on a lower-paying position)
If you lost your loved one, you could qualify to recover survivor benefits. Usually, these benefits provide compensation for the decedent’s memorial or funeral expenses and their average weekly wage prior to the accident.
Damages From a Third-Party Lawsuit
Let’s say your fall from heights accident was due to a third party, such as a contractor, parts manufacturer, or the site owner, who failed to keep the premises safe. In that case, you may have grounds to file a lawsuit against them and demand compensation for:
- Past and future medical expenses for medications, surgeries, rehabilitation, emergency care, assistive devices, diagnostic tests, and ongoing care
- Lost income for the earnings you missed while you were in recovery from your injuries
- Future loss of earning capacity for the money you can’t make if you have to take a lower-paying job or work at all
- Pain and suffering to help you cope with the pain and discomfort stemming from your injuries
- Scarring and disfigurement if your fall injuries altered your appearance or compromised your mobility
You could receive wrongful death damages if you lost your loved one to their fall from heights. Wrongful death damages usually include:
- Burial and funeral expenses
- Final medical costs
- Loss of parental care
- Loss of inheritance or financial support
What a Long Island Falls From Heights Attorney at Our Firm Can Do for You
All cases are personal to us at Shulman & Hill. We’re willing to take your case, regardless of how complex it may be. Our attorneys offer various services, such as:
- Reviewing the incident report and other pertinent evidence
- Managing communication with other parties
- Filing an appeal if you receive a denial for workers’ compensation benefits
- Negotiating a fair settlement
- Naming the liable party
- Providing regular updates on your case
- Representing your interests at trial
Our fall from heights lawyers in Long Island strive to protect your rights from start to finish. We aim to get you the compensation you need. Unfortunately, the other party’s representatives don’t share this goal, so they may try to look for gaps in your story to avoid paying out on your case. Common denials insurance companies make in these cases include:
- You didn’t get medical care in time, making your injuries worse on your own.
- You violated safety regulations and caused your accident.
- You were under the influence or engaged in horseplay at the time of the fall.
- A pre-existing condition is the cause of your injuries.
Our personal injury attorneys in Long Island can combat these with evidence and show that the other party owed you a duty of care, violated it, and caused your fall accident, injuries, and damages.
Our Fall From Heights Lawyers in Long Island, NY Collect a Contingency Fee
Don’t worry about affording our fall injury lawyers. Because our firm operates on a contingency fee basis, we don’t take a fee upfront, out of pocket, or by the hour. Instead, we take a pre-approved percentage of your settlement or court award as our fee. That way, you limit your financial pressures, and we can start your case as soon as possible.
Important Deadlines on Falls From Heights Cases in New York State
The state enforces strict deadlines for filing workers’ compensation claims and third-party lawsuits after victims who fall from heights suffer injuries.
According to the WCB, those submitting a workers’ compensation claim typically have 30 days to inform their employers about what happened and two years to file a claim. On the other hand, personal injury claimants usually have three years to file a third-party lawsuit, per CPLR § 214. If your loved one passed away from their related injuries, EPTL § 5-4.1 generally imposes a two-year time limit on wrongful death lawsuits.
Certain exceptions could shorten or lengthen the deadline. Even so, it’s best for you to get started on your case as soon as possible. If you try to file after the deadline expires, you may lose your right to recover damages. Having our attorneys involved early on in your case can help prevent this outcome.
A Deeper Look Into Falls From Heights in New York State and the United States
Construction workers have certain protections under the Scaffolding Law, LL § 240. Under this statute, all owners and general contractors owe a duty to provide adequate equipment to protect from gravity-related risks.
Therefore, site owners, contractors, and their agents could be liable if a worker falls from an elevated height.
According to the Occupational Safety and Health Administration (OSHA), falls are one of the leading causes of workplace injuries and deaths. OSHA reported that in 2020, there were 351 deadly falls from a higher elevation out of the 1008 construction fatalities. Workers in our region face similar dangers. In nearby New York City, falls are also the leading cause of fatal injury for construction workers, comprising almost 60% of fatal accidents over seven years. (New York City Health Department Bureau of Vital Statistics)
These deaths are preventable, and those in charge of the construction should ensure these hazards are not on the premises:
- Debris on scaffolding
- Cluttered spaces
- Lack of proper training
- Poor use of safety equipment
- Uneven or wet surfaces
- Falling objects
- Missing planks, toeboards, or rails
- Inadequate access to the platform
- Broken tools and ladders
Common Injuries You May Sustain in a Fall From Heights Accident
Our team has helped workers who have suffered a range of injuries in fall accidents. Common injuries include:
- Fractures and broken bones
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Knee injuries
- Crushing injuries
- Internal bleeding
- Neck and back injuries
These injuries may be more severe than you initially thought, so you must get medical care as soon as possible. Not only can the doctor diagnose your injuries and begin treating you, but it also begins a paper trail. That way, the insurance company can see that the fall was a direct cause of their injuries.
Start Working With Our Long Island Falls From Heights Lawyers Today
Shulman & Hill is a premier personal injury law firm, and we strive to recover the compensation our clients are entitled to obtain. If you or a loved one suffered injuries after falling from a height in Long Island, our lawyers can advocate for you.
Reach out to our firm today at 516.613.3196 to get started on your case. Our team gives free consultation upon your first call, and we don’t take any fees until we receive compensation for you.
WE WORK WITH YOU
TO GET YOU COMPENSATED
Everyday working people often struggle to afford top-tier legal representation. To ensure equal access to justice, we work on a contingency-fee basis. You pay no attorneys’ fees unless we achieve a settlement or verdict in your case.
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