Construction Falls

Construction projects often require workers to complete their tasks while at a high elevation. There are extraordinary dangers involved in working at heights far greater than those associated with most non-elevated construction work. According to OSHA, construction-related falls kill 362 people per year. Falls from elevation most often occur on ladders, scaffolds and roofs, but can happen almost anywhere, including other construction structures or the building itself.

New York State has a statute that provides special legal protection to workers exposed to the unique dangers presented while working at heights (in circumstances, these heights do not need to be more than several feet). There are two reasons for this.

• The severity of injuries that result from falls from heights.
• Given the less than desirable safety conditions you are frequently compelled to work under at heights, the project's owner or their agents (the general contractor, construction/project manager, etc.) are considered to have the primary responsibility to make sure that the elevated work location is safe.

The statute is Labor Law Section 240, also know as the "Scaffold Law."  The law places absolute responsibility for your fall from a given elevation on the third party (project owner, general contractor, etc.), if the third party has failed to furnish you with a proper or non-defective safety device to guard you against the risks present while performing your job duties at an elevated level. (The law covers you even if you are working in a basement if your elevation is above the floor). It is the responsibility of the third party to provide whatever safety lines, harnesses, guardrails, etc., are necessary to guarantee your safety while you are working at an elevation. Examples of falls covered by Labor Law Section 240 include:

• Ladders: Falls from portable and fixed ladders, along with scaffolds, account for 41% of all fall injuries.  Ladders should be checked for proper positioning and steadiness, structural integrity and appropriateness to the job.  Safety measures can include non-skid rungs and side guardrails.  Our investigations team can check for irregularities in any kind of ladder (extension, wooden, metal, step, etc.).
• Scaffolds: Falls from scaffolds account for 50 deaths and 4,500 injuries every year. Scaffolds must be properly constructed and mounted and the weight limit should not be exceeded. Common causes of scaffold accidents include plank slippage and support failures. Safety measures can include guardrails and fall arrest systems. Our investigations team can check for irregularities in mobile, suspension, wooden and supported scaffolds.
• Other Falls: These falls can include falls from the roof, from a girder or pole through an unprotected wall/floor hole or through a flimsy or inappropriate flooring. Safety measures that should be taken can include guardrails, safety nets and fall arrest systems.

If you fall off a ladder because you weren't given a safety harness, or fall from a roof because the roof's eaves lacked safety railings, nettings or other devices which could have prevented your accident, you can pursue a claim against the responsible third party and may recover substantial monetary damages. These damages may include money for pain and suffering, healthcare expenses, wage loss and loss of pension or other fringe benefits.

Your spouse may also be permitted to sue for the impact your accident has had on your life together; whether socially, recreationally, sexually or even for your inability to help with general work around the house in the manner with which you did before your accident.

The "Scaffold Law" also places responsibility on the third party if you are injured by an object that falls from a height because of improper hoisting or securing. Other types of fall from elevation accidents can qualify for this law's protection as well. It is very important to note that your fault, if any, is normally not even considered when establishing responsibility for an accident unless you have refused to follow explicit directions, your conduct was so inappropriate that even had a safety device been provided your accident could not have been prevented (e.g. if you started a fight that led to your fall) or if you refused to use an appropriate safety device. In the latter case, the third party must prove beyond a reasonable doubt that you absolutely refused the use of a safety device offered despite the dangers involved. This is known as the "recalcitrant worker defense".

If you or a loved one have been injured by a construction accident fall, please call us at 1.800.966.4999 or fill out the form to the right of the page for a free case evaluation.