New York City Repairman Injury Lawyers
Offices In Manhattan And White Plains
If you suffered personal injuries while performing a repair because you fell or something heavy fell and caused you to get injured, then you may be able to sue for your personal injuries. New York’s Labor Law 240, which is commonly known as either the ladder law or the scaffold law, applies to anyone performing a repair on a commercial property. So if you were performing a repair on a large structure which collapsed, or fell while performing an elevator repair because you were not provided with proper fall protection, such as life lines or slings, or fell because your ladder or scaffold shifted, then you can sue the building owner.
If you were injured because you fell while performing a repair of an elevator, roof or a repair of a structure and were not given proper fall protection, then you can sue the owner of the property.
New York's Labor Law 240 Protects Repairman
You Have Rights That You Didn't Even Know About
Our New York City personal injury and wrongful death lawyers know that New York’s Labor Law 240 applies to people who are performing repairs on a structure. While this law is usually applied in construction accident cases, our lawyers know that it applies equally to repairman injury cases, even if the repair was not part of a construction project. So if you were performing a repair on a structure in New York, including an elevator repair or a roof repair and you were injured, you may be able to sue the building owner for personal injuries. You can recover Workers Compensation benefits and sue the building owner for pain, suffering and full lost wages. For more information call our Manhattan elevator fatality and NYC roofing accident lawyers.
What Is Labor Law 240?
New York’s Labor Law 240 is a law that places the responsibility to protect certain classes of workers from elevation or gravity related risks. While the law is most commonly applied in the construction accident context, our NYC repairman injury lawyers know that the law explicitly applies to repairman. This means that if you were performing a repair and are exposed to an elevation related risk, including the risk of falling or of an object falling and hitting you, then New York’s Labor Law 240 applies to you. If the building owner fails to take proper precautions to protect you from gravity related risks then you can sue the landowner for pain and suffering. These legal obligations include providing adequate ladders and scaffolds to support you while doing your work. These responsibilities also include providing proper fall protection to prevent you from falling from a dangerous height, such as an elevator shaft, a roof repair, or a piece of machinery that is high off the ground. The building owner’s responsibilities also include protecting you from falling objects, so if as part of the work, a large part has to be lifted, the building owner is responsible to provide slings, cranes, hoists and other devices to makes sure the object does not fall and hit you.
If I Fell at Work – Can I Sue if The Company Says It Was My Fault
Our NYC personal injury lawyers who represent construction workers and repairmen in on the job injury lawsuits, know all too well that the company and building owner’s knee jerk reaction is to blame the worker. Our lawyers find it astonishing that companies neglect their responsibilities to provide adequate safety devices and then turn around and blame the worker when there is an accident. Fortunately for New York’s workers, a worker’s negligence or comparative fault is not a defense to a Labor Law 240 lawsuit where the building owner has failed to provide proper protection in the first place. The only time a workers fault is a defense is if the accident was entirely the fault of the worker, or the injured worker failed to use safety equipment that was provided.
When Can I Sue If I Got Hurt While Performing A Repair
One of the most frequent questions that our N.Y.C. personal injury lawyers are asked is can I sue for my jobsite injury? If you were performing a repair on a building or structure in New York, then you can sue if the building owner violated New York’s Labor Law 240, by failing to provide proper safety equipment to protect you from falling or from things falling onto you.
Inadequate Fall Protection
Our NYC roofing accident lawyers and Manhattan elevator repair injury attorneys know that the owner of a building has a responsibility to make sure that repairmen have proper fall protection, including harnesses and life lines. If you were injured in a fall and didn’t have the proper fall protection, then the owner of the building violated the law and you can sue under Labor Law 240, for your personal injuries.
Scaffolding Accidents
Our repair injury lawyers know that if you need a scaffold to work, then it is the building owner’s responsibility to provide an adequate scaffold. Our NYC personal injury lawyers have represented countless workers injured because of defective or inadequate scaffolds. Among the most frequent scaffold accidents that our attorneys have handled are scaffolds that tip over, scaffolds that are not properly secured and move while repairmen are working on them, planks that break under the weight of the worker and the materials and scaffolds that collapse. If were injured because of any of these types of defective or inadequate scaffolds then you can sue the building owner for your pain and suffering.
Defective Ladder Accidents
Our Westchester and NYC roofing accident lawyers know that if you suffered a jobsite personal injury, while performing a roof repair or other repair on a building because of a defective or inadequate ladder then the building owner can be held liable in a lawsuit. Some of the most common ladder accident cases that our roofing repair injury lawyers have handled includes unstable ladders, ladders that are too short, so the worker has to stand on the top rung, ladders that shake because they have broken rungs or feet and ladders that are not rated for the type of work being performed. If you suffered a personal injury on a job site while performing a repair because of an unsafe ladder, call our NYC roofing accident lawyers for a free consultation.
Falling Object Accident Cases
If you were part of a crew working on a repair job and another worker dropped material on you or materials that were being hoisted fell, then you have a lawsuit. Our NYC roofing accident and repair injury lawyers know that the building owner has to provide adequate slings and other equipment to safely transport materials and parts to where they have to be repaired or installed. If you were hurt because something was dropped on you, then you can sue the building owner for personal injuries.
Unsecured Ladders
Our NYC repair injury lawyers know that the building owner is required to provide repairmen with a safe ladder. If the ladder is unsecure, and shits while the worker is standing on it, then the building owner can be sued for violating New York’s Labor Law 240. It doesn’t matter if the ladder was unsecure because someone should have been holding it or it should have been tied off or if the floor was slippery or uneven. If the ladder moved and the repair person suffered a personal injury, the building owner failed to comply with their legal responsibilities and they can be sued.
Some of the most common types of Labor Law 240 lawsuits that our NYC Industrial accident lawyers have successfully prosecuted are as follows:
Elevator Mechanic, Installer And Repairman Injuries
Our New York City wrongful death lawyers know that falls in elevator shafts in New York City buildings, especially in Manhattan, Queens, the Bronx and Brooklyn, continues to be a leading cause of death among elevator repair workers. Too often these deaths occur because the elevator repairman was not provided with proper fall protection. If your husband, father or family member fell to their death in an open elevator shaft, while performing a repair, our NYC elevator repair wrongful death lawyers can help. Our attorneys have extensive experience in bringing Labor Law 240 lawsuits and wrongful death lawsuits.
Elevator installers, mechanics and repairers have a death rate of almost double that of other construction workers.
Nyc Wrongful Death Attorneys Who Handle Elevator Repairman Fatality Lawsuits
Let Our Nyc Elevator Fatality Lawyers Get You The Justice You Deserve
If your husband suffered a work related fatality, while performing an elevator repair, because he fell in an elevator shaft, then you can sue the building owner. Our NYC elevator fatality accident lawyers have extensive experience in wrongful death cases and can sue the building owner for damages, including all of the income that you lost because of your husband’s death. If your husband died while performing an elevator repair because the building didn’t make sure that your husband had the proper safety equipment, then call our NYC elevator accident fatality lawyers for a free consultation. We can make sure the building pays for what they did. Every worker has the right to come home to their family at the end of the work day.
Roofing Repair Accident Cases
If you suffered a personal injury while performing a roofing job on a commercial job or a residential roof repair (except for a one or two family home), then you are covered by New York Labor Law 240. If you got hurt on the job because you were not provided with adequate life lines, harnesses, fall protection or unsafe ladders or scaffolds, then you have a lawsuit for your personal injuries.
According to the United States Bureau of Labor Statistics, roofers have the highest rate of non-fatal falls. from heights.
According to the Journal of Safety Research, workers falling from roofs, account for approximately one third of all work related fatalities.
Our NYC & Westchester Roofing And Elevator Repair Accident Lawyers Answer Frequently Asked Question
Can I Collect Workers Compensation Benefits And Sue The Building Owner
Yes, if you suffered a job site injury while performing a repair, you can collect workers compensation from your employer’s insurance and bring a lawsuit under Labor Law 240. But you will be required to repay the workers compensation carrier part of the benefits that you received from the proceeds of you personal injury settlement or award.
What Types Of Repair Jobs Does Labor Law 240 Cover
Labor Law 240 applies to repair jobs where there is a gravity related risk such as a worker falling or something falling on a worker. So if the repairman had to work at an unprotected height, then Labor Law 240 applies. Also if something was being lifted or lowered and was dropped and hit a repairman, then Labor Law 240 also applies. Labor Law 240 applies to all repair jobs except for one and two family homes. So it applies to stores, residential buildings and other commercial structures.
Can I Sue If I Got Hurt Doing A Repair On A One Or Two Family Home
The answer is it depends. One and two family homes which are owner occupied are not covered under Labor Law 240, but if they are investment properties where the owner doesn’t live there than they are covered. Also, if the owner is illegally renting out a third unit, such as an illegal basement apartment, then it is a three family and is outside of the two family exception to Labor Law 240.
Can An Undocumented Alien Sue If They Were Injured On A Roof Repair Job
Yes, undocumented aliens are covered by Labor Law 240 and New York Courts have firmly recognized that an injured workers immigration status is not a barrier to filing a lawsuit. New York law provides for the safety of all repair workers, and it doesn’t matter what your immigration status is.
What Do I Do If My Boss Doesn't Have Workers Compensation Insurance
If your employer does not carry workers compensation insurance, then you can sue them directly.
Our Two Office Locations
Our Midtown Manhattan (NYC) Office
18 West 33rd Street
Suite 400
New York, NY 10001
Tel: (212) 858-0503
Our White Plains Law Office
203 East Post Road
White Plains, NY 10601
Tel: (914) 574-8330
Our New York City office is in Midtown Manhattan, across the street from the iconic Empire State Building and half a block from Herald Square. Our Law Office is a block and a half from Penn Station, a block from the Path train and two blocks from the 6 train
Our Downtown White Plains Office is walking distance to the Westchester Supreme Court and the Federal Courthouse in White Plains.
Law Office of Michael H. Joseph, PLLC
The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over 25 years. Our attorneys are members of several prestigious organizations, including:
- New York State Trial Lawyers Association
- American Association for Justice
- New York County Bar Association
- Westchester County Bar Association
To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 354-3809. You can also request a case review online
New York City and White Plains
Personal Injury Lawyers
We have 2 locations New York