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Scaffolding Accidents in New York: Protecting Construction Workers' Rights

Have you been injured in a scaffolding accident on a New York construction site? Scaffolding accidents are a leading cause of serious injuries and fatalities among construction workers. If you've been hurt, you're likely facing a mountain of medical bills, lost wages, and emotional distress.

At Ajlouny Injury Law, we understand the devastating impact scaffolding accidents can have on workers and their families. We are dedicated to protecting your rights and helping you seek maximum compensation for your injuries. We know that navigating the legal system after a serious injury can be overwhelming, and we're here to guide you through every step of the process. Our experienced team will fight tirelessly to hold negligent parties accountable and ensure you receive the care and compensation you deserve.

The Dangers of Scaffolding Accidents

Construction work is inherently dangerous, but scaffolding accidents are among the most perilous. Scaffolding collapses can have catastrophic consequences, resulting in severe injuries such as broken bones, spinal cord injuries, head trauma, internal bleeding, and even wrongful death. The aftermath of these accidents can be devastating, often leading to lifelong medical challenges, lost earning potential, and immense physical and emotional suffering. 

Victims may face a lifetime of medical treatments, surgeries, and rehabilitation, while also grappling with the inability to return to work or enjoy previous activities. The financial burden of medical expenses, lost wages, and future care can be overwhelming, compounding the trauma of the accident.

Scaffolding Rules and Regulations in New York

New York has some of the most stringent construction safety regulations in the country. These regulations are designed to protect workers from falls and other scaffolding hazards. Some of the key regulations include:

  • Scaffolding must be erected, dismantled, and used under the supervision of a competent person.
  • Scaffolding must be designed and constructed to support the weight of workers, materials, and equipment.
  • Scaffolding components must be inspected regularly for defects.
  • Fall protection, such as guardrails and safety nets, must be provided for workers working at heights.
  • Personal protective equipment (PPE), such as hard hats and harnesses, must be worn by workers.

Premise Liability and Scaffolding Accidents

Premise liability is a legal principle that holds property owners responsible for injuries sustained on their property. In the context of scaffolding accidents, property owners can be held liable for injuries if they fail to maintain a safe work environment. This includes neglecting to provide adequate scaffolding materials, conduct regular inspections, and train workers on proper scaffolding use. 

Beyond property owners, other parties may also share liability for scaffolding accidents, including general contractors, subcontractors responsible for erecting the scaffolding, and manufacturers of defective scaffolding components. Determining liability can be complex, as multiple parties may contribute to the accident. 

An experienced personal injury attorney can investigate the circumstances surrounding the accident, identify all potentially responsible parties, and build a strong case to maximize your chances of recovering damages.

Your Rights After a Scaffolding Accident

If you've been injured in a scaffolding accident in New York, you have several important rights:

  • Right to medical treatment: You have the right to seek medical treatment for your injuries, regardless of whether you have health insurance. Keep all your medical records and bills as they will be important evidence in your case.
  • Right to workers' compensation benefits: As a construction worker, you are likely eligible for workers' compensation benefits, which can cover a portion of your medical bills and lost wages.
  • Right to file a personal injury lawsuit: In addition to workers' compensation, you may also be able to file a personal injury lawsuit against the parties responsible for your accident. A personal injury lawsuit can allow you to recover compensation for pain and suffering, lost future wages, and other damages.

Deadlines for Filing a Scaffolding Accident Claim

There are strict deadlines for filing claims after a scaffolding accident in New York. Missing these deadlines can jeopardize your ability to seek compensation for your injuries. You generally have three years from the date of your accident to file a personal injury lawsuit. However, there may be exceptions or specific circumstances that affect this timeline, such as cases involving minors or the government. 

It's crucial to consult with an experienced New York scaffolding accident lawyer as soon as possible to ensure you meet all relevant deadlines and understand the complexities of your case. Your attorney can assess the specific details of your situation, advise you on the appropriate course of action, and protect your rights throughout the legal process.

Deadlines for Filing a Workers Comp Claim

You generally have two years to file a workers’ compensation claim after the date of your accident. This deadline, often referred to as the statute of limitations, is crucial to protect your right to receive benefits. 

It's essential to act promptly and consult with an attorney as soon as possible. While the two-year period seems like ample time, gathering medical records, documentation, and building a strong case can be time-consuming. Delays could hinder your ability to collect necessary evidence or meet specific procedural requirements. 

An experienced workers' compensation attorney can guide you through the claims process, ensuring that all deadlines are met and your rights are protected. Remember, missing the deadline can have severe consequences, potentially barring you from receiving the compensation you deserve.

Maximizing Your Compensation

The amount of compensation you receive after a scaffolding accident will depend on the severity of your injuries, the lost wages you incur, and the long-term impact of your injuries. Factors such as medical expenses, lost earning capacity, pain and suffering, and other damages will be considered. 

An experienced New York scaffolding accident lawyer can help you maximize your compensation by: investigating your accident and identifying all liable parties, gathering evidence to support your claim, negotiating with insurance companies, and taking your case to trial if necessary. Your attorney will advocate for your rights, calculate the full extent of your damages, and work tirelessly to secure the maximum compensation you deserve.

Why Choose Ajlouny Law?

At Ajlouny Injury Law, we are committed to fighting for the rights of injured construction workers. With years of experience handling scaffolding accident cases, we have a proven track record of success. Our dedicated team of legal professionals will work tirelessly to build a strong case on your behalf and secure the maximum compensation you deserve.

Don't face this challenging time alone. Contact Ajlouny Injury Law by calling (718) 233-3913 or by visiting us online for a free consultation.

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