Workers engaged in construction, alteration, repair or cleaning of a building or structure (other than single or two-family residences) that have been injured by falling from a ladder or scaffold, or injured by objects falling from an elevated worksite, are given particular legal rights to sue the property owner and its agents and contractors.

     Property owners and their agents and contractors must furnish and operate safety equipment to prevent workers from injuries caused by falls from elevated workplaces. Failure to do so results in absolute liability, even if the worker's own fault contributes to the accident. Unlike worker's compensation, these rights include recovery for full wages and benefits, medical expenses as well as pain and suffering. You may recover regular worker's compensation benefits and in addition, make claim for full damages under the New York Scaffold Law. The damages recovered are often very substantial. Of course, you will have to repay a portion of the compensation benefits if you make a full recovery under the Scaffold Law, but even so, you can collect for many items not covered by compensation.

     Many workers who suffer injuries on constructions sites may also be able to sue a building owner or contractor even if the accident did not involve a fall from a ladder or scaffold.