I fell from a scaffolding when I was installing windows on a house. I injured my leg and will not be able to work for some time. Can I bring a claim for personal injuries?
The answer is probably yes. You described what seems like you have a Labor Law case.
You should first apply for Worker’s Compensation benefits. Worker’s Compensation benefits pays for medical expenses and a portion of your salary while you are recuperating.
You did not say if you fell at a commercial job site or you were doing repairs at a home. The Labor Law has an exception for one and two family dwellings. Generally homeowners who employ contractors are not held to the same standard as commercial owners. But assuming you were working on a job site installing windows on new construction, Labor Law § 240 covers your case. However, if a homeowner hired you to replace windows on an existing house, your case probably will not be covered under the labor law. But there would definitely be more questions such as if the homeowner directed the work, did he provide tools and material? If this were the case, then the homeowner might be liable under the Labor Law.
Labor Law
The type of case you described is covered under the Labor Law § 240. Owners and general contractors on job sites have a non-delegable duty to ensure the safety of workers. You did not specifically explain the reason that you fell from the scaffold. One issue might be the height of the scaffolding and whether the scaffolding had any safety railings on it.
Since you were not specific about the reason for your fall, you will not get a complete answer in this post. Labor Law § 240 covers all cases involving falls from a height or objects falling from a height onto a worker. The worker can claim absolute liability against the owners and general contractors on the job site. (Absolute liability means that owners and general contractors are responsible for all the damages in a personal injury claim without any deduction for a worker’s negligence.) An injured worker can recover for personal injuries from the owner and general contractor and obtain Worker’s Compensation benefits from his employer.
By James Santner, Esq.
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