Open manhole on a construction site to signify a fall hazard

Working at an elevated position requires extreme care, especially in the construction industry. Suffering a fall can leave a worker with serious and sometimes fatal injuries. While workers’ compensation is available, the victim may be able to file a personal injury claim too.

Understanding your rights after a fall accident can help you develop a compelling legal argument for the damages you need. Count on the Long Island law firm of Dell & Dean, PLLC. We can review your unique situation and then help you file an accident claim.

Different Types of Fall Accidents

According to OSHA, falls are the most common cause of death in the construction industry. Even if the worker survives the fall, they will likely suffer permanent disabilities that will affect their medical needs, ability to support themselves, and overall quality of life.

Falls can happen in one of several ways on the job site. The most common types include:

  • Falls from and through roofs: Working on a roof is inherently dangerous since the roof is not typically stable during repair or its initial construction. A worker can fall off or through the roof and plummet to the ground or hard floor below.
  • Falls through flooring holes: Holes in the floor, including unfinished flooring, should be cordoned off using tape or another barrier. On the other hand, flooring that is weak and compromised can also collapse and cause a fall to the level below.
  • Falls from scaffolding: Scaffolding used in Long Island and elsewhere in New York should come with correct safety railings and harnesses for workers. When the railing or harness is absent or defective, or the scaffolding is unstable, an accident is likely to occur.
  • Crane accidents: Although every crane worker requires extensive training, falls can occur in various ways. Some examples include crane collapses and the crane falling from a heightened position like a steel frame.
  • Falls down elevator shafts: Working in and around elevators is dangerous because of the shaft, which should be blocked or barricaded to prevent a fall. Adequate warning signs and barriers can prevent most accidents.
  • Falls down manholes: A worker or pedestrian can unknowingly fall into a manhole and plunge 15 to 20 feet or more. Broken bones are common in these situations, but some falls are fatal. Marking these maintenance holes and enforcing safety protocols can avoid serious injury.

Why Do Fall Accidents Happen in Long Island?

To file a personal injury claim after a fall, the victim should be able to explain how the fall happened. Negligence is typically to blame for these accidents and it comes in a number of different forms:

  • Failure to supervise the job site: Property owners and construction contractors have a duty to supervise job site activities and ensure workers follow regulations. They should immediately fix dangerous conditions that can lead to a fall.
  • Unsafe property conditions: The property itself may be unstable or hazardous, which may point to the owner’s liability. For example, the surface on which the scaffolding is erected may be uneven and therefore unsuitable for the project.
  • Improper scaffolding assembly: Erecting scaffolding requires careful attention to detail. A simple mistake can lead to a devastating collapse or the failure of safety railing, ultimately causing a fall.
  • Lack of adequate safety gear: Harnesses, railings, straps, and other safety gear can prevent or mitigate accidents. When they are not present or they are defective in some way, one or more parties can share liability.
  • Lack of proper training: Workers should be trained in using any complex machinery, such as cranes, which could cause a fall accident. The lack of appropriate training often points to negligence on the part of the contractor.
  • Lack of warning signs and barricades: There should be warning signs near elevator shafts, manholes, and unstable flooring. Barricades of some sort are also a basic safety requirement.
  • Defective machinery: In some cases, especially falls involving cranes and other construction equipment, a defect is to blame. This can stem from a manufacturing or design defect, or a lack of suitable instructions and warnings for using the equipment.

Common Injuries Resulting From Fall Accidents

Workers and others who fall, even from a few feet, can suffer catastrophic injuries. Recovery is long and painful, and full recovery is never guaranteed. Victims typically require long hospital stays, surgery, medical implants (e.g. a rod in a bone), and rehabilitation.

These, in turn, mean significant medical bills for the victim. But the damages don’t end there, with lost time from work, decreased earning capacity, and pain and suffering being common. Some of the most common injuries in Long Island fall accidents are:

Your Legal Options After a Fall Accident

If you were injured in a fall on the job site, you may have the right to file for workers’ compensation. Workers’ comp pays regardless of fault and provides coverage for medical bills and partial wage replacement.

However, depending on the facts of your case, you may also have the right to pursue a third-party claim against negligent third parties. These can include:

  • Property owners
  • General contractors
  • Subcontractors
  • Equipment manufacturers and retailers
  • Architects
  • Engineers

A third-party claim allows you to seek additional compensation such as your full lost wages and non-economic damages like pain and suffering and emotional distress. These forms of compensation are typically not available with a workers’ comp claim.

Why Hire Dell & Dean, PLLC?

The law firm you choose to represent you will make a difference in the outcome of your fall accident case. Dell & Dean, PLLC provides dedicated, 5-star client advocacy to every personal injury victim who retains us. We offer the following:

  • Positive results: We have a strong track record of securing multimillion dollar verdicts and settlements. Although past results are no guarantee of future ones, they speak to our commitment to seeking the damages our clients deserve.
  • Positive reviews: Don’t take our word for it; take a look at the reviews from past clients. We’re proud to serve accident victims in Long Island, Nassau and Suffolk counties, and throughout New York.
  • Working around the clock: We work tirelessly for our clients and are available to meet them in the hospital or elsewhere if circumstances require. That’s a level of tireless devotion to client well-being that you won’t find at other firms.
  • Bilingual services: Our firm offers bilingual services for Spanish and Korean clients. Ask how we can serve your legal needs today.
  • Local knowledge: It’s important to understand local courts, including judges and clerks, and the mediators who help settle cases. We have developed decades of local knowledge and leverage it each day on behalf of our clients.
  • Comprehensive service: An attorney from our firm will personally handle your case from start to finish. You’re not just another docket number or a case file to pass off to someone else.

Contact Our Long Island Fall Accident Attorney

If you were injured in a workplace fall, you don’t have an unlimited amount of time to take action. Exploring your legal rights early can help you claim the damages that you need to recover. Get started today by scheduling your free initial consultation with Dell & Dean, PLLC.

Frequently Asked Questions About Fall Accidents

Is there a deadline to file a lawsuit?

Yes, there is a deadline known as the statute of limitations. For most New York personal injury cases the deadline is three years from the date of the accident. If you file too late, the court may dismiss your lawsuit and bar you from any monetary recovery.

How much is my case worth?

The answer depends on various factors like the medical bills you have (and are likely to have in the future), your ability to continue working, and non-economic damages such as pain and suffering. We can review your case and provide an estimate of your possible damages.

Should I speak with any insurance adjusters?

No, not without speaking to an experienced personal injury lawyer first. Insurance companies will try to deny or underpay your claim if they can. Talk to an attorney before speaking with the insurance adjusters, sending them anything, or signing anything.

Will my case go to trial?

Most fall accident cases settle out of court through a process known as mediation. A neutral third-party mediator will facilitate settlement discussions. We represent clients during mediation so they can make an informed decision of whether to settle or go to trial.