The dense population of New York City means it’s no surprise that thousands of people experience personal injuries through their work. It’s a fast-paced environment where a lot can go wrong if people aren’t paying attention. With so many high-rise buildings and skyscrapers to maintain, the risk of workers falling from height is also higher here than in other cities. Anyone who experiences this, or whose loved one died as a result, has the right to claim compensation with the help of a personal injury lawyer.
Examples Of Personal Injuries From Height
Any personal injury that occurs after a fall from a great height could have the potential for compensation if someone else is to blame. Visitors to high-rise buildings or multistorey stores could potentially sue for injuries if an owner’s negligence led to a dangerous situation. However, the majority of falls from height tend to relate to workers falling while carrying out their duties for employers. Construction workers, for example, may find themselves in situations where they aren’t safe because of the equipment provided. The same goes for any maintenance workers dealing with problems in precarious places.
Scaffolding workers also put themselves at risk for their work every single day. In the right situation, there should be nothing to worry about. They should have the safety requirements in place and the training to ensure that they can carry out their tasks without any risk of falling or the structure falling. However, accidents do happen. Scaffolding can collapse when misused, and mistakes do happen. When they do, the results can be catastrophic. Falls from that height can lead to broken bones, head injuries, spinal problems, and even death.
The same goes for window cleaners, especially those operating on the exterior of a massive NYC skyscraper. These skilled workers are there to ensure the massive office windows at the top of these towers are pristine and up to corporate standards. But what happens if there is a fault with the machinery or an accident? From that high up, the accident is almost certain to be fatal, which could have companies facing a wrongful death suit. Whatever the situation, it helps to know you can find a trusted personal injury attorney in NYC ready to take on the case.
When Are Employers Liable For Compensation?
The only way you can make a claim against an employer or a building owner in one of these personal injury cases is by proving blame. If you can provide evidence that their negligence caused the situation that led to your accident and subsequent injuries, you could get compensation. Compensation can come in the form of economic damages, such as direct medical costs and loss of earnings, non-economic pain and suffering, or a combination of both. Your personal injury lawyer will help you build a strong case with as much evidence as possible to get the best result.
Often, these cases of personal injuries from height occur due to a lack of training or safety equipment. Companies that don’t provide this for their workers should take responsibility for that whenever there are accidents. One example could be a lack of protective headwear or harnesses due to the company’s laziness or budget cuts. Another example could be companies sending workers out to external building maintenance units without a training session on how to operate them safely. It is also the responsibility of employers to carry out inspections of all equipment and construction sites to make sure everything is up to the correct standards. Therefore, if scaffolding does break or a structure collapses, it’s on them to pay out in compensation.
When Are Employers Not Liable For Compensation?
It’s important to note that a workplace injury from a high height isn’t automatically the fault of a building owner or employer. Proving their guilt also means proving your own innocence, which is why choosing a lawyer in NYC with experience is essential. Some workers will try and make a claim for workers’ compensation after getting injured on the job, even if they know the accident was their fault. It’s understandable when dealing with a loss of earnings and high medical bills, but it has to be a fair accusation. The best example of this is when it’s the employee who was negligent with training and equipment, not the employer. Workers who willfully skip training sessions or decide not to wear provided equipment only have themselves to blame.
Then, there the cases where falls from height were the result of employee substance use in an otherwise secure environment. Workers who show up under the influence of drugs or alcohol can impair their abilities and coordination to the point of missing their footing and falling. Medical and police reports from the time of the accident could prove this. Some companies will also insist on a drug test if there’s any suspicion of substance use. It’s an easy piece of insurance for them in case the worker does try to sue.
Finally, some accidents occur when structures are damaged by external influences. As these have nothing to do with the actions of the worker or employer, there’s no way to assign blame. These incidents can relate to so-called “acts of God“. Perhaps the scaffolding or maintenance unit fell because of bad weather, an earthquake, or being struck by an object. Bad weather is a bit of a grey area. You could argue that it’s the fault of the employer for sending people onto the structure in bad weather. Still, freak incidents without warning are impossible to plan for.
See What You Could Gain From A Personal Injury Lawsuit
You might assume that there’s nothing to gain from taking major businesses to court for accidents like this, or that you’d struggle to prove they were at fault. However, you don’t know how successful you might be until you try. A skilled New York personal injury lawyer can help you build your case to prove negligence and showcase the extent of your suffering. That compensation could help you get back on your feet and encourage companies to make serious improvements so it never happens again.
