Bronx Fall From Heights Lawyer

Lack of adherence to safety guidelines accounts for 88% of all construction accidents. This umbrella term can apply to a variety of behaviors, from worker carelessness to faulty equipment or improper business practices.

Many situations that can result in a person falling include but are not limited to the following;

• Falling from a ladder
• Scaffolding accidents
• Falling off a roof
• Falling through a floor to a lower level
• Slip and fall accidents
• Crane mishaps
• Elevator shaft accidents

Challenges Attorneys Help With Regarding Workers’ Compensation Claims (add to Compensation for Victims of Falls from Heights H2 section)

 If you are an employee injured in a fall while on the job, you may be entitled to workers’ compensation benefits. This is true even if you are an undocumented immigrant, which according to the Center for American Progress, accounts for approximately 23% of construction workers in 2021. A Bronx injury lawyer can provide you with further guidance.

New York requires employers to have workers’ compensation insurance, though in rare cases, some businesses may be exempt from the requirements. While you may be tempted to confirm who will be paying for your medical bills and other expenses, it is imperative that you report your injury to your employer immediately and seek medical attention.

Workers’ compensation claims can get complicated, and it’s not uncommon for injured fall from heights workers to experience the following situations:

• The employer does not have workers’ compensation insurance despite being legally required to do so
   
• You work for an entity that isn’t required to have this insurance (Dervishi Law Group can help you file a claim against your employer directly)
   
• The incident is not covered by workers’ comp because the employer purposely injured you or another circumstance applies
   
• There is a dispute about how much you are owed

Determining Negligence

In a workers’ compensation claim, proving negligence is not required because workers’ comp is a form of no-fault insurance. However, if you are seeking compensation outside of workers’ compensation or a third party is liable, you must be able to demonstrate that the other party is liable for your injuries because they were negligent.

Negligence can come in many forms, including:

• Faulty equipment
• Poor scaffolding setup
• Lack of adequate training

Elements of a Negligence Claim

Proving that another person or business’s negligence caused a fall from heights injury, four elements must be proven:

1. The party owed the worker falling a duty of care. In general, a duty of care is owed to everyone who is present at a construction site, including guests, visitors, and other people who are not working at the site. This duty requires that whoever is in “control” of the property take reasonable action to minimize the risk of injury.
    
2. The duty of care was breached. The person or entity in control of a construction site breaches this duty of care by not maintaining a reasonably safe area, failing to mitigate risk, or failing to warn someone of a dangerous condition on the premises.
    
3. The defendant’s negligence caused the injury. If an injury does occur, the person claiming the injury must be able to link the negligence to the actual harm suffered.
    
4. The injury led to the harm for which compensation is being sought. It must be established by reviewing the evidence that the person is entitled to damages based on the injury caused by the defendant.