In most states, construction workers who have been injured on the job are limited to workers compensation. That’s not the case in New York. Construction workers there may be allowed to sue the owner or contractor they work for under New York’s Scaffold Law.

Scaffold law: what is it?

Before seeking an attorney, it’s important to understand what the law covers. We asked Joseph P. Awad, the Immediate Past President of the New York State Trial Lawyers Association (NYSTLA), to explain. “The New York Scaffold Law (Labor Law section 240), requires building owners and general contractors to provide workers with proper scaffolds, hoists, harnesses and other appropriate worksite safety and equipment. If a construction worker is injured because the owner or general contractor failed to provide safety equipment, then the owner or contractor can be held fully liable. New York State’s Scaffold Law applies only to work at elevated heights and does not apply to the owners of one or two family dwellings.”

Look for experience when hiring an attorney

What qualifications should an injured person look for in a lawyer to represent them in a construction site accident in New York? According to Awad, “The most important qualification is experience. Many lawyers advertise for business based on their overall personal injury experience involving car accidents, slip and falls and other types of negligence cases. However, in construction site accident cases, an experienced lawyer’s knowledge counts.”

“Integrity, trust and concern are also qualities that clients need from their attorney. Since clients rely on their attorney as a confidant and counselor to help them recover the lives that have been devastated by an accident or injury, the client should always ask the lawyer what their experience has been in the field of construction site accidents. Interviewers should ask questions such as:

• What are some of the recent cases your law firm has resolved successfully?
• What verdicts or settlements have you obtained?
• What types of appeals have you argued in the appellate courts?”

Construction accident lawyers paid on a contingency fee basis

As in most personal injury cases, lawyers representing injured construction workers are paid on a contingency fee basis. But what does that mean? According to Awad, “This means that the client is not billed by the hour and only pays a legal fee if the lawyer obtains a recovery for the client. Lawyers representing injured workers will only collect a legal fee as percentage of the compensation recovered. This gives the construction worker the ability to have a fair day in the courthouse when fighting the large insurance companies behind the owners and general contractors.”

If you’ve been injured on a construction site that lacked the appropriate safety equipment, contact a lawyer who understands this law. To contact an attorney, click here.