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New York Scaffolding Law Claims vs. Workers Compensation
New York Labor Law § 240, the Scaffolding Law, holds contractors and property owners strictly liable for a workplace injury involving scaffolding or other elevation related injuries. Injured workers may be able to claim broader damages under the Scaffolding Law than from workers' compensation benefits, and seek compensation for things such as pain and suffering.
How the Scaffolding Law Affects an Injury Claim
Under the New York Scaffold Law, contractors and property owners are strictly liable for any injury that results from a scaffolding accident.
In an ordinary negligence case, the worker has to prove fault, but under the New York Scaffold Law, it is presumed.
This means that injured workers do not need to prove negligence in order for the claim to be successful and can obtain broader damages for their injuries than those available through a worker’s compensation case. They may be able to collect financial compensation for pain and suffering, medical expenses, lost wages, disfigurement, emotional distress, and loss of future earning capacity.
Should I consult a Long Island injury lawyer if I’ve been injured in a scaffolding accident?
Yes! If you’ve been injured, the experienced Long Island lawyers at Rosenberg & Gluck, L.L.P., can help you. Call (631/516) 451-7900.
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