New York's Scaffold Law
New York has a law, commonly called the Scaffold Law, that places responsibility on owners and contractors for certain gravity-related injuries when proper safety devices were not provided or failed, though many owners of one- and two-family homes who do not direct the work are exempt. Under that law, a worker's own carelessness usually does not reduce recovery the way it would in an ordinary negligence case, although defendants often argue that the worker alone caused the accident. Not every fall qualifies, and courts look closely at how the accident happened and what equipment was involved. Other New York safety laws may apply to construction injuries that fall outside the Scaffold Law.
Workers' compensation and other companies on site
An injured worker's own employer is generally shielded from lawsuits by the workers' compensation system, which pays medical bills and part of lost wages. Claims against the property owner, the general contractor, and other companies on the site are often still possible. A workers' compensation carrier usually has a lien on recovery from those other parties. Immigration status does not by itself bar a construction injury claim in New York, though it can come up in disputes over lost earnings. Day laborers and workers without papers should not assume they have no rights after a scaffolding accident. Workers' compensation has its own reporting steps, so tell your employer about the injury promptly and keep a copy of any claim form.
Evidence on a site that changes daily
Construction sites change quickly, and scaffolding is often taken down or altered soon after an accident. Photographs of the scaffold, the area, and the equipment, along with the names of coworkers and supervisors who saw what happened, are valuable. Accident reports, safety logs, and any OSHA or city building inspections may become important. Get medical care and keep the records. Early on we identify the owner, the general contractor, and the subcontractors involved, check the status of your workers' compensation claim, and look at deadlines, which can be much shorter for claims involving public property.
