The Hazards: Common, Predictable, and Preventable
Ladders and scaffolds are essential on job sites, yet they account for thousands of injuries yearly. Many aren’t true “accidents” but the result of negligence: improper setup, missing guardrails, unsecured tools, or lack of fall protection. OSHA standards and New York Labor Law § 240 (the “Scaffold Law”) exist precisely to prevent these incidents . When those rules are breached, a construction accident lawyer steps in.
How an Investigation Begins
- Scene Documentation
- Take photographs of ladders, scaffolds, and debris.
- Preserve any remaining equipment involved.
- Witness Interviews
- Speak with coworkers who saw setup and use.
- Record supervisors’ statements about safety protocols.
- Document Review
- Examine safety logs, toolbox talks, and OSHA inspection reports.
- Check scaffold assembly manuals and maintenance records.
- Expert Consultation
- Engage safety engineers to reconstruct the collapse or fall.
- Utilize biomechanical experts to analyze injury mechanisms.
This multi-layered approach ensures no detail is overlooked, a core principle of Moorejustice at The Law Offices of Darren T. Moore.
Leveraging New York’s Scaffold Law
Under Labor Law § 240, property owners and contractors are strictly liable when a worker is injured by a fall from height or by falling objects due to missing or inadequate safety devices. A construction accident lawyer uses this statute to bypass traditional fault arguments and directly hold responsible parties accountable.
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Third-Party and Product Liability
Not all hazards stem from your employer. If a subcontractor installed a scaffold incorrectly or a ladder suffered a manufacturing defect, you can pursue third-party claims against:
- Subcontractors for poor workmanship
- Manufacturers for defective components
- Equipment suppliers for inadequate product warnings
By naming every negligent party, your lawyer expands the pool of potential compensation beyond workers’ comp.
Accounting for Long-Term Impact
Falls and struck-by incidents can cause:
- Spinal cord injuries and paralysis
- Traumatic brain injuries (brain injury lawyer)
- Severe fractures requiring surgery
- Internal trauma
A construction accident lawyer doesn’t stop at initial medical bills—they calculate future surgeries, rehabilitation, vocational retraining, and pain and suffering to ensure full recovery.
Acting Quickly to Preserve Your Claim
Time erodes evidence and witness availability. Important deadlines include:
- 90 days for claims involving public entities
- 2 years for workers’ comp claims
- 3 years for third-party personal injury lawsuits
Prompt legal intervention secures photographs, site logs, and testimony before they vanish.
If a ladder slipped, a scaffold collapsed, or tools fell from above, don’t chalk it up to bad luck. Contact a construction accident lawyer today to uncover what went wrong, hold negligent parties accountable, and pursue the Moorejustice you deserve.