Can Injured workers and families who have lost their loved ones pursue lawsuits?
By December of 2017, a construction site at 61 Ninth Avenue in Chelsea had been repeatedly cited for construction code violations.
On December 18, a 54 year-old construction worker was standing on the sidewalk when an anchoring bracket came loose. Scaffolding from 10 stories above him plummeted to the ground, striking him on the head. The worker’s body lay sprawled on the ground. He was unconscious, suffering from a debilitating head trauma. Paramedics rushed the worker to the hospital, but he died an hour later.
Worst of all, the accident was completely preventable. The New York Daily News reported that for seven months, since May 2017, inspectors had visited the work site and cited the general contractor for multiple violations, many of which dealt with scaffold issues.
What recourse do families have under New York law for fatal construction accidents caused by falling objects?
New York Labor Law 240, also referred to as the “Scaffold Law,” offers legal protection to construction workers who suffer injury and families who lose loved ones in height-related accidents. The general contractor and property owner are strictly liable and can be held accountable for injuries that occur due to unsafe work conditions. This not only applies to workers who fall from heights, but also for workers who suffer injury from falling objects and debris when working under a scaffold, ladder or roof.
Failure to tie down materials, replace worn out parts, failure to install guardrails or to ensure workers have hard hats or other safety equipment when involved with work done at heights are in violation of Labor Law 240.
Compensation can help offset financial burdens
Construction workers take risks daily at construction sites. Their families trust they will come home safely, but when the worst happens, the shock and loss can be overwhelming. Even so, there is no need to suffer economic hardship. You can recover compensation for medical costs, future lost income and other related expenses.
At Sackstein Sackstein & Lee, LLPhttps://sacksteinlaw.com, we offer a free initial consultation to discuss construction site injuries and death, and the prospects of taking legal action.