Edelman & Edelman, P.C.
Over $300,000,000 Recovered For Our Clients

Construction site falls: What happens when they try to blame the worker?

Can working in construction be dangerous? Of course, especially in New York since construction workers are often required to work at great heights. Fortunately, New York has some of the toughest worker protection laws in the country.

However, what happens if you are injured in a construction-related fall and your boss tries to put the blame on you? Will you be barred from seeking compensation for your injuries? In most cases, no. Thanks to New York's Scaffolding Law, you will not be barred from seeking damages, even if your boss is trying to blame you for the fall.

What is the Scaffolding Law?

Otherwise known as Labor Law §240, New York's Scaffolding Law requires property owners and general contractors to provide construction workers with proper and sufficient protection when they are working at heights, including properly installed safety equipment such as scaffolding, ladders, pulleys, hoists and braces. The law applies regardless of whether the construction workers are involved in the erection, demolition, repair, renovation, painting or cleaning of a building.

Fortunately for construction workers, the New York Court of Appeals -- New York's highest court -- has repeatedly determined that this law makes property owners and contractors "strictly liable" for fall-related injuries suffered by construction workers.

This means that if property owners or contractors fail to provide proper protection as required by Labor Law §240, and a worker is subsequently injured, then property owners or contractors may be held legally responsible. Therefore, in the vast majority of situations, it doesn't matter if they are trying to blame the worker for the injury, they will still be liable.

However, New York's Scaffolding Law can be difficult to navigate, especially since there are many caveats to this law, including the fact that it does not apply to projects involving one and two-family dwellings where the owners do not direct or control the work. This is why it is always best to seek experienced legal guidance should you have any questions.

No Comments

Leave a comment
Comment Information

Client Testimonial Video

Watch a quick video to hear the story of one of our clients:

View More Videos: VIDEO CENTER
Super Lawyers
Edelman & Edelman, P.C. Attorney at Law BBB Business Review
National Brain Injury Trial Lawyers Association: Top 25 Martindale Hubbell | AV Preeminent | Peer rated for highest level of professional excellence | 2017 Multi-Million Dollar Advocates Forum The National Trial Lawyers | Top 100 trial lawyers 10 Best Attorneys | American Institute of Personal Injury Lawyers

Call 212-235-1197 or contact us below to find out how we can help.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Schedule Your Free Consultation With A Lawyer

For construction accidents, personal injury and wrongful conviction claims, you will not find a more qualified legal team than Edelman & Edelman, P.C. We invite you to contact us to schedule a no-obligation initial consultation where you can learn more about how we can help you.

Please call 212-235-1197 or contact us via email to arrange an appointment.

Edelman & Edelman, P.C.
61 Broadway | Suite 2220 | New York, NY 10006

Free Consultations       Phone: 212-235-1197