This is an essential law to lean on if you have been injured by falling objects. There are no other laws of its kind in any other state across the nation, and it’s become one of the most effective sources of litigation to protect construction workers.
Employer Pushing Workers’ Comp? Think First.
- Time is of the essence. Workers’ compensation can offer you financial support for your medical bills, however, this support often has to be obtained by filling out time consuming paperwork and waiting for approval for each procedure and/or each physician visit.
- You have suffered more than just physical injuries. Workers’ compensation coverage is offered to many injured workers, but it is also incomplete. It does not provide room to cover fees associated with emotional recovery or pain and suffering.
- Partial pay just doesn’t cut it. The financial support that workers’ compensation provides is usually only about 1/2 to 3/4 the amount of an employee’s regular paycheck
Do you deserve less just because you were hurt? Absolutely not.
Can I Get Fired For Filing A Lawsuit Against My Employer?
The U.S. Department of Labor’s Fair Labor Standards Act (FLSA) contains detailed provisions which are designed to prevent employers from taking any form of retaliation against a worker. This includes firing an employee because of a filed lawsuit.
If you file a lawsuit and receive retaliation from your employer in some fashion, you could be entitled to filing an additional lawsuit concerning retaliation discrimination.
Forms of retaliation include:
- Demotion or termination
- Unnecessary discipline
- Forced isolation
- Workers’ compensation interference
- Use of threats, whether verbal or physical
Additional information concerning retaliation can be obtained through the Equal Opportunity Employment Commission (or EEOC).
Common Construction Oversights That Cause Falling Objects
Despite the Scaffolding Law’s extraordinary protections, employers across the city continue to let their workers down. Here are the 5 top causes of falling object accidents:
- Failure to secure the material, tools, and machinery you are working with
- Failure to run new structures, machinery, and tools through a thorough inspection
- Failure to erect proper signage, so that workers below and passersby are always informed of what is taking place above and what risks it presents
- Failure to wear proper safety equipment (such as a hard hat or goggles)
- Failure to properly block off a construction site, allowing pedestrians or off-the-clock workers into unsafe areas
- Broken Bones / Fractures
- Head Injuries ranging from concussions to traumatic brain injuries and fractured skulls
- Eye injuries (which can cause loss of sight if severe enough)
- Impalement (due to sharp falling debris)
- Broken back, neck, or paralysis
The attorneys at Lipsig Law Firm have helped many others in your shoes. You’ve worked many hours for your employer and are now injured. Are they doing enough to repay all of your dedicated effort? We see many cases where hard-working employee’s rights aren’t respected, and we work to ensure that yours will be.