Building sites are known for having a range of occupational and safety hazards, and with buildings in the Bronx reaching up to 44 stories, a fall can be catastrophic or fatal.
According to the National Institute for Occupational Safety and Health (NIOSH), 42% of fatalities on construction sites over the past three decades have involved falls. This alarming statistic makes construction site slips, trips, and falls the leading cause of construction site accidents.
The CDC reports that 27% of construction site falls are fatal, so a loved one or surviving family member may seek compensation from a negligent party in many circumstances. While no dollar amount can replace a loved one, holding people and business entities accountable for their actions can help prevent incidences like these from happening in the future.
Lack of adherence to safety guidelines accounts for 88% of all construction accidents. This umbrella term can apply to a variety of behaviors, from worker carelessness to faulty equipment or improper business practices.
Many situations that can result in a person falling include but are not limited to the following;
Challenges Attorneys Help With Regarding Workers’ Compensation Claims (add to Compensation for Victims of Falls from Heights H2 section)
If you are an employee injured in a fall while on the job, you may be entitled to workers’ compensation benefits. This is true even if you are an undocumented immigrant, which according to the Center for American Progress, accounts for approximately 23% of construction workers in 2021. A Bronx injury lawyer can provide you with further guidance.
New York requires employers to have workers’ compensation insurance, though in rare cases, some businesses may be exempt from the requirements. While you may be tempted to confirm who will be paying for your medical bills and other expenses, it is imperative that you report your injury to your employer immediately and seek medical attention.
Workers’ compensation claims can get complicated, and it’s not uncommon for injured fall from heights workers to experience the following situations:
In a workers’ compensation claim, proving negligence is not required because workers’ comp is a form of no-fault insurance. However, if you are seeking compensation outside of workers’ compensation or a third party is liable, you must be able to demonstrate that the other party is liable for your injuries because they were negligent.
Negligence can come in many forms, including:
Proving that another person or business’s negligence caused a fall from heights injury, four elements must be proven:
Every incident is different, and the amount of compensation can vary widely. A personal injury lawyer will evaluate your case and advise you on whether the following financial reimbursements may be available:
On a daily basis, Construction workers climb ladders, scaffolds, roofs and other structures. Due to the fact that they are high above the ground, they are exposed to the possibility of falling or getting struck by falling objects. When workers fall from heights, or are hit by falling objects, it can result in broken bones, devastating head injuries and other serious injuries. These injuries will more than likely involve expensive medical care. Getting compensation for lost wages and medical bills is crucial for injured workers and their families.
Over the years, construction accident lawyers from Dervishi Law Group, P.C. have worked hard to get clients the maximum compensation possible for medical expenses, lost wages and other expenses related to their accident. Contact us today for assistance with your fall from height injury case.
It is very important for victims to know their rights, as well as what compensation they may be entitled to. The New York Labor Law Section 240 covers scaffolding accidents, falls from heights, excavation and demolition work. This law gives workers the chance to file suit against owners and general contractors.
Our fall from heights lawyers will take every step within the law to hold the negligent contractors, property owners or their agents, responsible for your injuries. When workers’ compensation benefits are the only remedy for you, we can help you file for those benefits.
Workers’ Compensation provides benefits for workers who are injured due to falling from heights. It also provides benefits for family members when the accident results in death. However, Workers’ Compensation benefits are limited and may not meet your financial needs following a serious injury or the death of the worker.
If the fall was caused by the negligence of another party, you may be entitled to seek additional compensation through the civil justice system.
There is a cap on the amount of time you have to sue someone for an injury resulting in a fall from height. In New York, the statute of limitations for an injury accident is two years. If there is a fatality, the statute of limitations is extended to three years.
Even if you bear some responsibility, you may still qualify for compensation. New York follows a comparative negligence standard, meaning the compensation amount will be diminished in proportion to your share of fault.
The time it takes to settle a claim depends on the circumstances. If the claim is relatively simple, it could be resolved within a year. It might take longer if complications arise. This is particularly true if your injuries are severe, as a personal injury lawyer would likely advise waiting until you’ve reached Maximum Medical Improvement (MMI) before pursuing a claim.
If you have suffered injuries as a result of falling from a height, please contact our fall from heights injury lawyer for a free consultation. You can call us at (718) 484-4757 or (917) 496-8342 or email us at firstname.lastname@example.org. Our service locations include New York City, Manhattan, Bronx, Westchester and the entire Tri-State area.