When employees are injured on the job, they often wonder: “Can I file a lawsuit for my injuries? Is worker’s compensation my only option?”
LaMarche Safranko Law was pleased to secure a $400,000 settlement recently for an injured client who fell from a scaffold at work and suffered a serious injury to his lower back. He was only 29 years old at the time of the accident, and he worried how he would be able to support his family if he couldn’t go back to work due to his injuries. He also wondered if the limited support offered by worker’s compensation was his only option, or if he could file a lawsuit.
In fact, our client was not only able to bring a claim against the owner and contractor who failed to provide him with adequate personal protective equipment at work, but he was also entitled to money damages for the injuries he suffered.
In New York state, the law imposes absolute liability upon contractors, owners and their agents for employee injuries caused by a failure to provide proper protection under circumstances where working at elevated heights places employees at risk. The purpose of this law is to protect workers by placing the ultimate responsibility for work site / workplace safety on the owner and general contractor, instead of the workers themselves.
In securing the $400,000 settlement for our client, LaMarche Safranko Law established that the injured client was engaged in a protected activity: construction of a new building, which involved elevation-related risks. Our client was standing on a scaffold that had been provided at the work site for the purpose of enabling him to perform his work. That owner / contractor-provided scaffold collapsed, causing our client to fall and sustain serious and permanent injuries. As a result, our client was able to secure the money he needed and deserved to compensate him for his pain and economic loss.
If you’ve been injured in a fall at work, please call LaMarche Safranko Law to see if you are also entitled to compensation beyond the limited support worker’s compensation provides.