Dervishi Law Group, P.C Logo
Call (718) 484-4757
Free Case Evaluation Available 24/7

Bronx Fall From Heights Lawyer

What to Know About Fall Accidents

Bronx Ladder Fall Lawyers

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.

Common Causes of Fall From Height Injuries

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;

  • Falling from a ladder
  • Scaffolding accidents
  • Falling off a roof
  • Falling through a floor to a lower level
  • Slip and fall accidents
  • Crane mishaps
  • Elevator shaft accidents

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:

  • The employer does not have workers’ compensation insurance despite being legally required to do so
  • You work for an entity that isn’t required to have this insurance (Dervishi Law Group can help you file a claim against your employer directly)
  • The incident is not covered by workers’ comp because the employer purposely injured you or another circumstance applies
  • There is a dispute about how much you are owed

Determining Negligence

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:

  • Faulty equipment
  • Poor scaffolding setup
  • Lack of adequate training

Elements of a Negligence Claim

Proving that another person or business’s negligence caused a fall from heights injury, four elements must be proven:

  1. The party owed the worker falling a duty of care. In general, a duty of care is owed to everyone who is present at a construction site, including guests, visitors, and other people who are not working at the site. This duty requires that whoever is in “control” of the property take reasonable action to minimize the risk of injury.
  2. The duty of care was breached. The person or entity in control of a construction site breaches this duty of care by not maintaining a reasonably safe area, failing to mitigate risk, or failing to warn someone of a dangerous condition on the premises.
  3. The defendant’s negligence caused the injury. If an injury does occur, the person claiming the injury must be able to link the negligence to the actual harm suffered.
  4. The injury led to the harm for which compensation is being sought. It must be established by reviewing the evidence that the person is entitled to damages based on the injury caused by the defendant.

Financial Compensation for a Fall From Height Injury

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:

  • Lost wages
  • Future lost earnings
  • Job re-training
  • Medical expenses
  • Ongoing medical treatment
  • Pain and suffering
  • Disfigurement
  • Wrongful death benefits
  • Punitive damages
Bronx Fall From Heights Lawyer

Fall from Heights Injury Lawyer

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.

New York Labor Law

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.

Compensation for Victims of Falls from Heights

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.

Frequently Asked Questions

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.

Quick Contact

Contact Info

Address 1:
2322 Arthur Ave., Suite 3A
Bronx, New York 10458

Address 2:
18 East 41st. Street, 6th Floor
New York, NY. 10017

Office: (718) 484-4757 
Cell: (917) 496-8342
Fax: (718) 484-4758

Contact Our Fall From Heights Injury Lawyer

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 Our service locations include New York City, Manhattan, Bronx, Westchester and the entire Tri-State area.