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The Law on Construction Site
and Scaffolding Accidents

The Law on Construction Site and Scaffolding Accidents

Refer cases of construction site and scaffolding accidents and ask for legal assistance and representation from our lawyers at Foulke Law Firm in Goshen, New York. Receive sound advice and explore the legal options applicable.

Construction zones are by nature hazardous workplaces and accidents can happen even when all safety precautions are followed. Choose the best lawyer to get you the monetary award you deserve for your work site accident at your dangerous job.

Detailed rules and regulations enacted by OSHA and the New York Industrial Code. These laws are intended to protect workers and visitors to building sites. Safety is supposed to come first in construction areas.

Unfortunately, despite all danger and injury precautions in place accidents still happen. There are typically three different laws that may be applicable in a construction accident lawsuit in New York.

New York Labor Law Section 200

Construction workers and other people in and around construction worksites are injured or killed every year. Usually, accidents are caused by one or more of the following types of negligence:

  • Construction companies’ failure to properly train workers
  • Equipment manufacturers’ failure to properly label tools and machinery
  • The carelessness of subcontractors, delivery drivers, and others

Under this section of the New York Industrial Code, employers must provide their employees with a safe place to work.

New York Labor Law 240(1)

Contractors and owners are liable if a worker is injured by a scaffold, ladder, or other types of injuries caused by falls.

New York Labor Law 241(6)

Under 241(6), all contractors and owners, except for owners of one and two-family dwellings, are required to provide reasonable protection and safety to their workers during construction, excavation, or demolition projects.

How We Handle Construction/Scaffolding Accident Cases

A construction site accident may result in a debilitating injury such as a bad sprain or bone fracture, a back or neck injury, or a burn injury. Other construction site accidents cause catastrophic or fatal accidents including traumatic brain or spinal cord injury.

Whether the person who has suffered a back or head injury recovers or experiences lifelong disabilities, the steps involved in preparing a claim or lawsuit are similar, as follows:

We thoroughly probe the causes of the accident. We inspect the worksite, interview eyewitnesses, review workplace safety standards, and photograph equipment and job site conditions.

We evaluate the injured worker’s injuries head trauma, spinal cord injuries, or neck injuries), prognosis, and recovery.

Then, we ascertain if the construction worker or worksite visitor can regain a full range of body functions, or if they will suffer from chronic pain, a limp, paralysis, blindness, deafness, or have to undergo the amputation of a hand, or foot, arm, or leg?

We make a detailed presentation in support of the injured person’s claim for compensation. Whether a case is resolved at trial or in a settlement, the Foulke Law Firm prepares every case as though it will go to trial.

Schedule a Free Initial Consultation

Ask for urgent legal assistance if you are injured or if your close family member dies in a construction accident in New York involving any of the following:

  • OSHA Violations
  • Industrial Code Violations
  • Falls From a Roof
  • Excavators and Cranes
  • Trench Collapses
  • Window Washing
  • Construction Debris
  • Ladders and Forklifts
  • Explosions and Excavations
  • Falling Construction Equipment
  • Welding and Masonry
  • Bucket Trucks
  • Backhoes and Outriggers
  • Heavy Equipment

A Long History of Success

Our firm has had a long history of success prosecuting various cases for clients who have been injured on construction sites throughout the New York metropolitan area, including:

  • New Jersey
  • Manhattan
  • Bronx
  • Brooklyn
  • Queens

Recent Construction Accident Case Results


Our client, a 50-year-old Union Carpenter, fell from a job-made gang ladder during construction of the New York City Second Avenue Subway Extension project, suffering a broken heel.

This injury required surgery, leaving him in pain and unable to return to work full duty. Evan M. Foulke settled the case at mediation one week before trial.

$1.63 million NYC construction site accident victim settlement at mediation by Evan M. Foulke, Foulke Law Firm, Goshen, NY - NJ


Our client, a 52-year-old Union Electrician, was injured at the New York City World Trade Center construction site when a carpenter swung an 8-foot-long steel pipe into his knee.

After conservative treatment failed, our client had to undergo knee replacement surgery. Evan M. Foulke prosecuted the case conducting 3 mediations which ultimately led to a negotiated settlement.

$1.63 million NYC construction site accident victim settlement at mediation by Evan M. Foulke.


Award for a client who broke his heel falling from scaffolding on the job. $1.325 million legal award for scaffolding accident victim handled by Foulke Law Firm.


Settlement to a worker at a construction site who suffered spinal vertebrae fractures. $1.3 million settlement to a construction worker with a spinal fracture by Foulke Law Firm.

Tap a Strong Advocate

Attorney Foulke’s background in insurance defense, as well as his years of experience as a plaintiff’s lawyer representing injured workers, has given him the experience to serve as a strong advocate on behalf of construction accident victims.