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New York City construction accident attorney Leandros A. Vrionedes, P.C. helps injured workers recover compensation under New York Labor Law section 240(1), commonly known as the scaffold law. Workers who are injured in a gravity-related or height-related accident, such as a fall from a ladder or scaffold, or being struck by a falling object, can recover compensation for their injuries against the building owner or contractor who failed to provide adequate protection.
New York Labor Law 240(1) applies to all contractors and owners and their agents, except for owners of one and two-family dwellings who contract for but do not direct or control the work. The law applies to virtually any type of construction work, including erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure. For any of these activities, the contractor or owner is required to furnish or erect scaffolding and other devices to give proper protection to a worker at the site. Besides scaffolds, necessary devices may include hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices.
A contractor or owner who fails to furnish the proper devices is absolutely liable for accidents or injuries which occur. This means that the injured worker does not have to prove that the owner or contractor was at fault or negligent, and the owner or contractor cannot prove it was not negligent as a defense. Violation of the statute by itself establishes liability.
Section 240(1) liability generally applies to any gravity-related construction accident. This means there must be some height differential involved in and responsible for the accident. A construction worker falling from a height, an object falling and striking a worker, a ladder fall or scaffold collapse could all qualify. If any such accident could have been avoided had the proper safety devices been in place, the contractor or owner can be liable to the injured worker for the damages caused.
Scaffolding accidents are a frequent source of complex litigation in Kings County, Bronx County and New York County courts, and despite the theory of absolute liability, obtaining fair compensation for an injured worker can be a challenging proposition. Building owners, building contractors and their insurers invest a great deal of resources in drawing out the litigation for months or even years, filing legal motion after legal motion. Their goal is to have the case dismissed on a technical point so that it never reaches trial and the eyes and ears of a jury. New York City construction accident attorney Leandros Vrionedes fights hard to see that you have your day in court if a fair settlement is not forthcoming. He has the knowledge, skills and experience to see to it that you are fairly compensated. If you have been injured in a scaffold collapse or other New York City construction accident, contact Leandros A. Vrionedes, P.C. for a free consultation.