From laying stone on high-rise façades to working on intricate masonry atop scaffolding systems, bricklayers often perform their job several stories above ground. When a scaffold gives way or when a worksite lacks proper safety equipment, the results can be catastrophic.
If you suffered serious injuries from a bricklayer scaffold fall, you have the right to apply for workers’ compensation benefits. But you could also be eligible to receive additional compensation through a third-party construction claim.
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we’ve helped countless New York construction workers recover full compensation after scaffolding falls. This guide walks you through your legal options and what to do following a bricklayer fall in NYC.
Seek Medical Attention, Report the Injury, and Explore Legal Options
If you fell from a scaffold, no matter how high it was off the ground, it’s important to:
- Seek immediate medical care. Your doctor will check for severe injuries like internal damage, traumatic brain injuries (TBIs), or spinal cord injuries. This provides essential documentation for any claim or lawsuit you choose to file.
- Report the incident to your supervisor or foreman as soon as possible. This is critical for preserving your right to compensation.
- File an incident report with the New York State Workers’ Compensation Board.
- Contact a NY construction accident lawyer to explore all your options for seeking compensation.
New York Labor Law §240—The Scaffold Law
New York is one of the few states with special legal protections for workers injured in elevation-related accidents. Commonly known as the “Scaffold Law,” Labor Law 240:
- Applies to bricklayers, masons, and other construction workers performing elevation-related tasks.
- Requires employers to provide proper scaffolds, hoists, harnesses, railings, and ladders.
- Holds the contractor or owner strictly liable. That means you don’t have to prove they were negligent, only that safety protections were insufficient and contributed to the fall.
- Covers falls from any height where elevation was a factor.
Third-Party Lawsuits
After an injury, workers’ compensation may not be your only option. While workers’ comp helps cover medical bills and partial wage loss, it doesn’t pay for:
- Pain and suffering
- Full lost income
- Long-term disability
- Reduced quality of life
Our attorneys at WRSMH will conduct a thorough investigation to determine who else was responsible beyond your employer. If a third party failed to provide scaffold safety, you may be eligible for additional compensation.
A third party lawsuit:
- Can be filed in addition to workers’ compensation
- Targets liable third parties such as general contractors, property owners, subcontractors, or equipment manufacturers
- Allows recovery of full damages, including non-economic losses
What to Do After the Accident
Building a strong injury case depends on early and accurate documentation. After a bricklayer scaffolding fall, evidence may be altered or removed from the site, especially if safety violations are involved.
Here’s how you can help protect your claim:
- Take photos of the scaffold or ask a coworker to do so if you’re unable.
- Document the safety conditions: Was there a harness? Guardrails? Anchoring?
- Get names and contact info of any witnesses.
- Request copies of any site safety reports or OSHA citations.
What Causes Bricklayer Scaffold Falls?
Several types of negligence contribute to bricklayer scaffold falls:
- Unsecured or improperly braced scaffolding
- Broken or missing guardrails
- Lack of fall protection equipment (e.g., harnesses)
- Defective planking or platform failure
- Unsafe working angles or improper anchoring
- Slippery surfaces with no anti-slip features
What Damages Can Be Recovered in a Third-Party Scaffolding Fall Lawsuit in NY?
If you qualify to file a third-party construction claim, you may seek full compensation for:
- Medical Expenses: Full reimbursement for past, current, and future medical costs related to the injury, including surgery, physical therapy, and rehabilitation.
- Lost Wages: Compensation for income lost due to time off work, as well as diminished earning capacity if the injury affects future employment.
- Pain and Suffering: Unlike workers’ comp, a third-party claim allows recovery for physical pain, mental anguish, and loss of enjoyment of life.
- Disfigurement and Permanent Disability: If the accident results in permanent injury or scarring, additional damages may be awarded.
- Punitive Damages: If the third party’s conduct was especially reckless, punitive damages may be awarded to punish and deter similar behavior.
Unlike workers’ comp, these damages are not capped, and they can reflect the true impact of your injuries on your life and family.
The Statute of Limitations
For most construction injury lawsuits in New York, the statute of limitations is:
- Three years from the date of injury for personal injury claims
- Two years for workers’ comp claims
- 90 days to file a Notice of Claim if a public agency (e.g., NYC Housing Authority) is involved
Don’t wait. Delays can weaken your case or prevent recovery altogether.
How WRSMH Can Help You After a Scaffold Fall
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we prepare every case as if it’s going to trial:
- We start investigating right away
- We work with construction safety experts and engineers
- We calculate full damages, including future lost income and long-term care
- We aggressively negotiate settlement offers
- We’re always prepared to take tour case to trial
Speak With a Trusted Bricklayer Injury Attorney in New York City
Wingate, Russotti, Shapiro, Moses & Halperin, LLP has helped injured bricklayers, masons, laborers, and other construction workers throughout NYC recover millions after serious scaffold falls. You don’t need to face this alone.
If you or a loved one has suffered serious injuries after a bricklayer scaffold fall, the law is on your side. But it’s crucial to find an attorney who knows how to fight for your rights.
Call (212) 986-7353 to schedule your free consultation today.