New York City boasts one of the most beautiful skylines in the world. When we look out on our beautiful city, it is easy to forget the work that goes into building and maintaining these structures.
A wide array of building construction jobs involve working with scaffolding. New York law requires that employers who use scaffolding take all necessary steps to ensure their workers’ safety. Unfortunately, sometimes accidents happen. If you have been injured in a New York scaffolding accident, you may be entitled to compensation for your losses. Review your case with a New York scaffolding lawyer at Shulman & Hill to learn more about your options.
New York Scaffolding Law: What You Need to Know
Thankfully, New York law favors employees injured in scaffolding accidents. New York’s Scaffold Safety Law requires that employers provide workers with the proper safety equipment and take various other safety measures to limit the risk of falls. When scaffolding accidents do occur, an employer is considered to be fully at-fault. This is true even if one can argue that an employee’s actions or carelessness contributed to the accident.
Unique Scaffolding Law in New York
In New York, seeking compensation for injuries and losses resulting from a work-related accident typically involves filing a workers’ compensation claim. If it is impossible to reach a settlement with an insurance company, an injured worker can file a lawsuit to pursue damages.
However, you must understand that insurers are not always incentivized to pay claimants after accidents. They often deny claims or argue that a claimant is not entitled to the full amount of compensation they are requesting.
One tactic some insurance companies may employ involves arguing that an injured worker was hurt in an accident due to negligence. Luckily, New York’s laws hold employers accountable for scaffolding accidents. This makes it much more difficult for insurers to successfully limit the amount of compensation they provide by arguing that an injured worker’s negligence created a dangerous situation.
Scaffold Safety Law: Essential Provisions in New York
The Scaffold Safety Law in New York lists many specific requirements regarding scaffold safety. They include (but are not limited to):
- Railings must be fastened securely to scaffolds to limit swaying.
- Scaffolds must be able to support up to four times their maximum weight.
- A safety rail must cover the full length of a scaffold, as well as all sides.
New York Scaffolding Accidents: Potential Causes
There are many potential causes of a New York scaffolding accident. The following are among the more common:
- Improper scaffold installation
- Failure to properly maintain scaffolding
- Failure to provide employees with safety equipment
- Failure to adhere to effective safety policies
- Failure to clearly communicate safety policies
- Failure to properly train employees
Regardless of the cause of your scaffolding accident, being injured in one can have a significant long-term impact on both your finances and quality of life.
Naturally, your injuries will require costly medical treatment. They may also render you unable to work. Whether this is a temporary condition or permanent, you cannot earn wages when you cannot work.
Additionally, as you recover from your injuries, you may struggle with pain, suffering, and mental anguish. You may be entitled to compensation for such losses. To optimize your chances of securing compensation, enlist the help of a scaffolding accident law firm in New York.
The Role of a Scaffolding Law Firm in New York
There are numerous reasons it may be wise to hire a scaffolding law firm in New York in the aftermath of an accident. The following are among the critical ways our New York scaffolding lawyers can help:
Reaching a Fair Settlement
As of now, the law is on your side if you are hurt in a New York scaffolding accident. However, that does not mean that you are guaranteed to reach an appropriate settlement simply because you have filed a claim.
Remember, the goal of an insurer is to pay out as little as possible. They prefer when claimants work with them directly instead of hiring scaffold lawyers. Some insurers will not tell you that you are entitled to compensation for non-financial losses like pain and suffering. They may prioritize your immediate issues and capitalize on your need for immediate financial relief.
You do not need to accept an initial offer. Instead, hire a New York scaffolding lawyer to represent you. Our experts will carefully review your losses to determine how much compensation you can pursue. We will also gather evidence to prove to an insurer that you are asking for an appropriate amount of compensation based on the nature of your losses.
Handling Administrative Tasks
The claims process can be quite lengthy. It also frequently involves various administrative tasks. If you try to handle it on your own, you may have to file paperwork, speak with an adjuster, present evidence, and coordinate with doctors and other medical staff. This can be very draining when you are recovering from an accident. Right now, your focus should be on getting rest and taking care of your health. We can handle the claims process on your behalf.
Filing a Lawsuit
The ideal goal in these circumstances is to reach a fair settlement with an insurer. Thanks to the aforementioned Scaffold Safety Law, this is often easier to do than with other types of workplace accidents.
Sometimes insurers can be stubborn and refuse to pay claimants what they may be entitled to. If that happens, we can go to court for you.
Why Choose Shulman & Hill?
Choosing the right scaffold law firm in New York to handle your case should not be an overwhelming process. You will be much more confident in your choice of attorney when you find a scaffold law firm with a proven track record of success.
This peace of mind is what we strive for at Shulman & Hill. We are happy to reference previous successes and clearly articulate how we have helped clients like you secure compensation in the past. To learn more, call us today at 212-221-1000 to schedule a free consultation.