NYC Scaffold Accident Lawyer: Recovering Compensation for Injured Workers

Manhattan attorney Steven Louros has published a legal guide clarifying that undocumented construction workers in New York have the legal right to file injury claims and sue property owners under the Scaffold Law. The guide addresses a widespread misconception among the city’s construction workforce that immigration status bars individuals from seeking compensation after a job site injury.

According to Louros, the fear of deportation often prevents undocumented workers from contacting legal representation after suffering serious injuries, such as falling from a scaffold or being struck by falling debris. This hesitation results in injured workers losing millions of dollars in compensation they are legally entitled to collect.

Legal Protections Under New York Law

The legal guide emphasizes that New York courts have maintained that immigration status does not bar a construction accident claim. Undocumented workers who build, renovate, or demolish structures across New York City are protected by state laws regardless of their legal residency status.

These protections allow workers to seek recovery for medical expenses and lost wages. In New York, the Scaffold Law provides specific avenues for construction workers to hold property owners accountable for safety failures that lead to injuries.

Risks and Causes of Scaffold Accidents

Scaffolding is a common element of New York construction projects, but it presents significant risks due to the precarious nature of elevated work. Falls from heights remain one of the leading causes of death and injury on construction sites.

Common causes of these accidents include preventable safety failures, such as:

• Missing or improperly installed guardrails.
• Unsecured planks or inadequate working platforms.
• Poorly assembled equipment.
• Lack of required safety harnesses and lifelines.

Compensation and Litigation Trends

Legal actions regarding scaffold accidents in New York have resulted in substantial settlements and verdicts. Examples of recovered compensation for victims include:

• A $7 million settlement in Bronx County for a 40-year-old worker who suffered spinal injuries after falling from a baker’s scaffold.
• A $3.8 million settlement for the death of a 40-year-old worker who fell from a defective scaffold in Ulster County.
• A $2 million jury verdict in Kings County for a 65-year-old bricklayer who suffered a fractured heel and permanent limp after a scaffold fall.

Beyond the specific protections of the Scaffold Law, injured workers may also be eligible for Workers’ Compensation benefits. Law firms such as Oresky & Associates, PLLC, note that these benefits are intended to cover medical expenses and lost wages, while separate personal injury claims may allow for compensation beyond what Workers’ Compensation provides.

Challenges in Filing Claims

The process of recovering compensation is often complicated by time-sensitive requirements and legal deadlines. Legal professionals emphasize the importance of acting quickly to preserve evidence, obtain witness statements and file claims with insurance companies.

For undocumented workers, the primary barrier remains the psychological impact of their immigration status. The guide published by Steven Louros aims to dismantle the belief that undocumented status eliminates the right to legal recourse, asserting that the law provides protections to all workers regardless of their status.