Construction sites in New York City are dominated by scaffolding structures that allow workers to perform their duties at elevated heights. While essential to construction and renovation work, these temporary structures can pose significant dangers when improperly assembled, maintained, or supervised. At Kelner & Kelner, our NYC scaffolding accident lawyers understand the devastating impact these accidents can have on victims and their families.

For decades, Kelner & Kelner has represented injured construction workers throughout the five boroughs. Our track record of successful settlements and verdicts for scaffolding accident victims demonstrates our commitment to securing maximum compensation for those injured on construction sites.

Financial Compensation You May Be Entitled To After a Scaffold Accident Injury

At Kelner & Kelner, we fight to secure all forms of compensation NYC scaffolding accident victims deserve under New York law.

• Medical Expenses: All costs related to emergency treatment, hospitalization, surgeries, medication, physical therapy, and ongoing medical care needed for your scaffold-related injuries.
• Lost Wages: Compensation for income lost during your recovery period, including salary, overtime, bonuses, and other employment benefits you missed while unable to work.
• Diminished Earning Capacity: Financial recovery for any reduction in your ability to earn income in the future due to permanent limitations caused by your scaffolding accident injuries.
• Pain and Suffering: Monetary damages for the physical pain and discomfort experienced both immediately after your accident and throughout your recovery process.
• Emotional Distress: Compensation for psychological impacts including anxiety, depression, post-traumatic stress, and sleep disturbances resulting from your scaffolding accident.
• Loss of Enjoyment of Life: Damages addressing how your injuries have limited your ability to participate in hobbies, recreational activities, and other pleasures of daily life.
• Permanent Disability: Financial recovery reflecting the lifelong impact of any permanent impairments, limitations, or disabilities resulting from your NYC scaffolding accident.
• Disfigurement: Compensation for visible scarring or other physical alterations that cause emotional suffering or social challenges.
• Loss of Consortium: Damages awarded to your spouse for the loss of companionship, affection, and support they experience due to your injuries.
• Rehabilitation Costs: Coverage for vocational rehabilitation, occupational therapy, and other specialized programs designed to help you return to work or adapt to new limitations.
• Home Modification Expenses: Reimbursement for necessary changes to your living environment to accommodate mobility limitations or other disability-related needs.
• Wrongful Death Benefits: Compensation for families who have lost a loved one in a fatal scaffolding accident, including funeral expenses, lost financial support, and loss of parental guidance.

Our NYC scaffolding accident lawyers at Kelner & Kelner will carefully evaluate all potential sources of compensation in your case and work tirelessly to maximize your financial recovery while you focus on healing.

How a Scaffold Accident Lawyer Can Help Maximize Compensation

At Kelner & Kelner, our NYC scaffolding accident lawyers leverage decades of experience to secure the full compensation you deserve after a construction site injury.

• Thorough Investigation: We conduct comprehensive examinations of accident scenes, gather crucial evidence, interview witnesses, and review construction site records to establish exactly how your scaffolding accident occurred and who bears responsibility.
• Identification of All Liable Parties: Our NYC scaffolding accident lawyers determine every potentially responsible entity, including property owners, general contractors, subcontractors, scaffolding companies, and equipment manufacturers to maximize available sources of compensation.
• Expert Consultation: We collaborate with construction safety specialists, medical professionals, economists, and life care planners who provide authoritative testimony about liability, the extent of your injuries, and your long-term financial needs.
• Precise Damage Calculation: We meticulously document and quantify all economic and non-economic damages, including future medical expenses and lost earning potential, ensuring no aspect of your suffering goes uncompensated.
• Knowledge of New York Labor Laws: Our deep understanding of New York's "Scaffold Law" (Labor Law 240) and related statutes enables us to leverage these powerful legal protections that specifically benefit injured construction workers.
• Strategic Negotiation: We employ sophisticated negotiation tactics based on thorough case preparation and our reputation for achieving significant verdicts, often securing favorable settlements without the need for lengthy trials.
• Trial Preparation: From day one, we build your case as if it will proceed to trial, developing compelling presentations and arguments that clearly demonstrate liability and the full extent of your damages.
• Insurance Company Management: We handle all communications with insurance adjusters, protecting you from tactics designed to minimize your claim and ensuring your statements aren't used against you.
• Paperwork and Deadline Compliance: We manage all legal filings, ensuring critical documents are properly prepared and submitted within New York's strict statutory deadlines for construction accident claims.
• Workers' Compensation Coordination: We navigate the complex relationship between workers' compensation benefits and third-party liability claims, maximizing your total recovery while avoiding potential conflicts between these remedies.
• Settlement Evaluation: We provide clear, objective analysis of settlement offers, helping you understand whether accepting or rejecting a proposal serves your best interests based on the specific facts of your case.
• Contingency Fee Representation: We advance all costs of litigation and only collect legal fees if we secure compensation for you, allowing you to pursue justice regardless of your current financial situation.

Common Injuries Associated with Scaffold Accidents

At Kelner & Kelner, our NYC scaffolding accident lawyers have represented countless construction workers who have suffered serious injuries from falls and other scaffolding-related incidents.

• Traumatic Brain Injuries: Impact to the head during scaffold falls can cause concussions, contusions, or severe TBIs that may result in cognitive impairment, memory loss, personality changes, and long-term disability.
• Spinal Cord Damage: Falls from elevated scaffolding structures frequently cause devastating spinal injuries that can lead to partial or complete paralysis, requiring lifelong medical care and substantial lifestyle modifications.
• Multiple Fractures: The force of scaffold falls commonly results in broken bones throughout the body, particularly in the arms, legs, pelvis, and ribs, often requiring surgical intervention and extended rehabilitation.
• Crush Injuries: Workers caught between collapsing scaffold components or struck by falling materials may suffer crushed limbs, internal organ damage, and compartment syndrome requiring emergency medical intervention.
• Internal Bleeding: The blunt force trauma associated with scaffold accidents can rupture blood vessels and damage internal organs, creating life-threatening conditions that may not be immediately visible after an accident.
• Severe Lacerations: Contact with broken scaffold components, tools, or construction materials during an accident can cause deep cuts that may result in significant blood loss, nerve damage, and permanent scarring.
• Joint Dislocations: The impact of scaffold falls or the awkward positioning during a fall attempt can dislocate shoulders, knees, hips, and other joints, potentially causing long-term mobility issues and chronic pain.
• Soft Tissue Damage: Ligament tears, muscle strains, and other soft tissue injuries are common in scaffold accidents and can lead to prolonged pain, limited range of motion, and extended physical therapy requirements.
• Facial Injuries: Facial trauma during scaffold accidents can cause broken facial bones, dental damage, or eye injuries that may require reconstructive surgery and result in permanent disfigurement.
• Neck Injuries: The violent motion during scaffold falls frequently damages the cervical spine and surrounding soft tissues, potentially resulting in chronic pain, limited mobility, and long-term disability.
• Psychological Trauma: Beyond physical injuries, scaffold accident victims often suffer from post-traumatic stress disorder, anxiety, depression, and fear of heights that can significantly impact their quality of life and ability to return to work.
• Fatal Injuries: Tragically, many NYC scaffolding accidents result in fatalities, leaving families to cope with the sudden loss of a loved one and provider while navigating complex wrongful death claims.

Common Causes of Scaffold Accidents on Construction Sites

At Kelner & Kelner, our NYC scaffolding accident lawyers have investigated hundreds of construction site incidents and identified several recurring safety failures that lead to worker injuries.

• Improper Assembly: Scaffolding structures that are incorrectly assembled, missing critical components, or put together by untrained workers can collapse or fail during use, causing catastrophic falls and injuries.
• Inadequate Training: Many NYC scaffolding accidents occur when workers haven't received proper instruction on scaffold safety procedures, creating dangerous situations through incorrect usage or failure to recognize hazardous conditions.
• Missing Fall Protection: Absence of guardrails, personal fall arrest systems, safety nets, and other required fall protection equipment significantly increases the risk of serious injuries when workers lose balance on elevated platforms.
• Defective Equipment: Manufacturer defects in scaffolding components such as connectors, planks, or support structures can lead to sudden failures even when the scaffolding appears properly assembled and maintained.
• Overloading: Exceeding the scaffolding's weight capacity with too many workers, excessive materials, or heavy equipment creates structural stress that can cause immediate collapse or progressive weakening leading to failure.
• Insufficient Inspections: Failure to conduct thorough daily inspections of scaffolding structures before use allows developing hazards to go undetected until a dangerous failure occurs during worker occupancy.
• Poor Weather Conditions: Working on scaffolds during high winds, rain, snow, or ice significantly increases fall risks, yet many contractors fail to implement appropriate weather-related work stoppages to protect workers.
• Unstable Foundation: Scaffolds erected on uneven, soft, or unstable surfaces without proper mudsills, base plates, or adequate foundation support can shift, tilt, or collapse during normal work activities.
• Inadequate Scaffold Access: Unsafe access methods to scaffolding platforms, including improper ladder placement, missing rest platforms, or makeshift climbing solutions, frequently lead to falls during entry and exit.
• Electrocution Hazards: Scaffolds erected too close to overhead power lines or inadequately grounded during electrical work create life-threatening electrocution risks that can cause falls as well as severe burn injuries.
• Falling Object Risks: Lack of proper toe boards, debris nets, or overhead protection on multi-level scaffolding allows tools, materials, and construction debris to fall onto workers below, causing serious head and body injuries.
• Insufficient Supervision: Absence of qualified safety personnel monitoring scaffold usage and enforcing compliance with safety regulations allows dangerous practices to continue uncorrected until accidents occur.

Who is Liable For My Scaffold Accident Injuries?

At Kelner & Kelner, our NYC scaffolding accident lawyers investigate every potential source of liability to maximize your recovery after a construction site injury.

• Property Owners: Under New York's Labor Law 240 (the "Scaffold Law"), property owners hold absolute liability for height-related accidents regardless of their direct involvement in construction operations, with only limited exceptions for one and two-family homeowners.
• General Contractors: As the entities with primary control over construction site safety and coordination, general contractors bear significant liability for scaffolding accidents under New York Labor Law and can be held responsible even when the injured worker was employed by a subcontractor.
• Subcontractors: Companies hired to perform specific tasks that provide, assemble, or maintain scaffolding may be liable when their failure to follow safety protocols contributes to scaffold failures or falls.
• Scaffolding Companies: Businesses that specialize in erecting, dismantling, or renting scaffolding equipment can be held accountable when improper assembly, inadequate maintenance, or defective components cause accidents.
• Equipment Manufacturers: Companies that design and produce scaffolding components face liability under product liability laws when defective planks, braces, couplers, or other parts fail during normal use and cause worker injuries.
• Engineers and Architects: Professionals who design scaffolding systems or approve their implementation may bear responsibility when design flaws or inadequate load calculations contribute to structural failures.
• Construction Managers: Third-party managers hired to oversee construction operations and safety compliance can be liable when their failure to inspect scaffolds or correct hazardous conditions results in worker injuries.
• Safety Consultants: Companies contracted to provide safety oversight and compliance monitoring may share liability when they fail to identify and address scaffold safety violations that later cause accidents.
• Material Suppliers: Entities that provide defective or substandard materials used in scaffold construction can face liability when these materials contribute to structural failures.
• Other Contractors: Workers employed by unrelated contractors who create hazardous conditions affecting scaffold safety, such as damaging supports or creating trip hazards, may generate additional sources of compensation.
• Municipal Entities: Government agencies may bear responsibility in some cases, particularly in public works projects where they maintain control over site operations or safety oversight.
• Insurance Companies: Various liability insurance policies, including general liability, excess liability, and umbrella policies held by the parties above, represent crucial sources of compensation for injured scaffold workers.

What To Do If Injured From a Scaffold Accident

At Kelner & Kelner, our NYC scaffolding accident lawyers recommend taking these critical steps immediately after an injury to protect both your health and legal rights.

• Seek Immediate Medical Attention: Even if injuries seem minor, get professional medical care right away as some serious conditions like head injuries or internal bleeding may not show immediate symptoms but could worsen without treatment.
• Report the Accident: Notify your supervisor or employer about the scaffolding accident as soon as possible, ensuring there is an official record of the incident which will be crucial for both workers' compensation claims and potential third-party lawsuits.
• Document the Scene: If physically able and it's safe to do so, take photographs or videos of the accident scene, the scaffolding structure, any safety violations, and your visible injuries before conditions are altered or evidence is removed.
• Gather Witness Information: Collect names and contact details of coworkers or others who witnessed your scaffold accident, as their testimony can provide crucial support for establishing exactly how the incident occurred and who was responsible.
• Preserve Evidence: Keep your work clothes, shoes, safety equipment, and any other items from the accident in their post-accident condition as they may contain important evidence about what happened and the forces involved.
• Record Your Recollections: As soon as possible, write down everything you remember about the accident, including the time, weather conditions, what you were doing, who was present, and any safety issues you noticed before the incident.
• Follow Medical Advice: Attend all follow-up appointments, complete prescribed treatments, and follow your doctor's instructions carefully to both maximize your recovery and create a consistent medical record that documents the extent of your injuries.
• Maintain an Injury Journal: Keep a daily log documenting your pain levels, limitations, medication side effects, and how your injuries affect your daily life to provide concrete evidence of the accident's impact on your wellbeing.
• Avoid Discussing Fault: Refrain from making statements about who was at fault, apologizing, or speculating about the cause of the accident to anyone except your NYC scaffolding accident lawyer, as such statements could be used against you later.
• Decline Recorded Statements: Do not provide recorded statements to insurance representatives or sign any documents without first consulting with your construction accident attorney, as these could limit your ability to recover full compensation.
• Beware of Quick Settlement Offers: Avoid accepting initial settlement offers from insurance companies, which are typically far below the true value of your claim and designed to resolve the matter before you understand the full extent of your injuries.
• Contact an NYC Scaffolding Accident Lawyer: Reach out to Kelner & Kelner as soon as possible after your accident to ensure critical evidence is preserved, proper legal procedures are followed, and all filing deadlines are met for your construction injury claim.

Don't Face Your Scaffold Accident Recovery Alone

After a scaffolding accident, you need more than just medical care—you need experienced legal representation. At Kelner & Kelner, our NYC scaffolding accident lawyers stand ready to fight for the full compensation you deserve while you focus on healing. Contact us today for a free, confidential consultation about your construction accident case and discover how we can help protect your rights under New York's powerful worker protection laws.

Scaffold Accident Lawyer FAQs

How long do I have to file a scaffold accident lawsuit in New York?

In New York, the statute of limitations for personal injury claims, including scaffold accidents, is generally three years from the date of injury. However, this timeframe may be significantly shorter if your case involves government entities or public authorities. Additionally, workers' compensation claims must be reported within 30 days and filed within two years. We recommend contacting our NYC scaffolding accident lawyers as soon as possible after your injury to ensure all deadlines are met.

Can I sue my employer for my scaffold accident injuries?

While workers' compensation laws typically prevent employees from suing their direct employers, there are multiple exceptions to this rule. If your employer failed to carry required workers' compensation insurance, intentionally caused your injury, or your accident resulted from their "grave negligence," you may have grounds for a direct lawsuit. Additionally, our NYC construction accident lawyers can often identify third parties beyond your employer who share liability for scaffold accidents, including property owners, general contractors, equipment manufacturers, and others.

What makes New York's "Scaffold Law" different from laws in other states?

New York Labor Law Section 240, commonly known as the "Scaffold Law," provides uniquely powerful protection for construction workers. Unlike similar laws in other states, it imposes absolute liability on property owners and contractors for gravity-related injuries when proper safety equipment wasn't provided. This means that even if you were partially at fault for your own accident, the responsible parties may still be fully liable for your injuries as long as the lack of proper safety equipment was a contributing factor.

Will I have to testify in court for my scaffolding accident case?

While many construction accident cases settle before trial, you should be prepared for the possibility of testifying about your accident and injuries. Our NYC scaffolding accident lawyers thoroughly prepare clients for any testimony, ensuring you understand the process and feel comfortable. We handle all legal proceedings and negotiations, minimizing your involvement so you can focus on recovery while we work to secure your compensation.

How is compensation calculated for a scaffold accident case?

Compensation in scaffold accident cases considers numerous factors including medical expenses (both current and projected future costs), lost wages, diminished earning capacity, pain and suffering, emotional distress, and impact on quality of life. Our NYC construction accident lawyers work with medical professionals, economic experts, and life care planners to accurately value your claim based on the specific circumstances of your case and the full impact of your injuries on your life and career.

What if my scaffold accident was partially my fault?

Under New York's Scaffold Law, contractors and property owners may still be held 100% liable for your injuries even if you were partially at fault, as long as the absence of proper safety equipment contributed to your accident. For claims not covered under Labor Law 240, New York follows a "comparative negligence" rule, meaning your compensation may be reduced by your percentage of fault but not eliminated entirely. Our NYC scaffolding accident lawyers can explain how these rules apply to your specific situation.

How do I pay for legal representation for my scaffold accident case?

At Kelner & Kelner, we represent scaffold accident victims on a contingency fee basis, meaning you pay no upfront costs or hourly fees. We only collect payment as a percentage of your settlement or verdict, and if we don't secure compensation for you, you owe us nothing. This arrangement ensures everyone has access to quality legal representation regardless of their financial situation following a construction injury.

Can I still recover compensation if I was an undocumented worker when injured on scaffolding?

Yes. New York labor laws protect all construction workers regardless of immigration status. Undocumented workers injured in scaffold accidents have the same rights to pursue compensation for their injuries as any other worker. Our NYC scaffolding accident lawyers understand the unique concerns undocumented workers may have and take all necessary precautions to protect your rights while pursuing your claim.

What happens if my scaffold accident prevents me from returning to construction work?

If your injuries permanently prevent you from returning to construction work, our legal team will incorporate this significant impact into your claim. We seek compensation for your diminished earning capacity, future lost wages, vocational rehabilitation, retraining costs, and the emotional impact of losing your career. We work with vocational experts to establish the full financial impact of your career limitations and fight for compensation that provides long-term financial security.

How soon after my scaffold accident should I contact a lawyer?

You should contact our NYC scaffolding accident lawyers as soon as possible after your injury. Early involvement allows us to immediately begin preserving critical evidence, documenting the accident scene, interviewing witnesses while memories are fresh, and ensuring you receive proper medical care and documentation of your injuries. Prompt legal representation also prevents you from making statements or accepting settlements that could harm your case before understanding the full extent of your injuries and rights.