A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)•A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)

Scaffold Injuries Lawyer in College Point

Scaffolding Accident Claims

Scaffold Injury Legal Guide

Scaffold accidents on construction sites and building projects can cause life-changing injuries for workers and bystanders in College Point and throughout Queens County. If you or a loved one were hurt after a scaffold collapse, a fall from scaffolding, or after being struck by a falling object, it is important to understand your options under New York law. The Ahearne Law Firm PLLC, led by attorney Allan J. Ahearne, Jr., represents people injured in scaffold incidents and helps them pursue recoveries for medical bills, lost wages, and other damages. Call (845) 986-2777 for local guidance about your situation.

Scaffold injury claims often require prompt investigation to preserve records, witness accounts, and site conditions that support a claim. In New York, different rules may apply depending on whether the injured person was an employee, a contractor, or a member of the public, and there are separate processes for workers’ compensation and third-party claims. Timely action can affect the ability to gather crucial evidence and to meet legal filing deadlines. Our team can explain potential pathways for recovery, identify responsible parties, and outline next steps while you focus on necessary medical care and recovery.

Why Address Scaffold Injuries Quickly

Acting promptly after a scaffold injury preserves physical evidence, secures witness statements, and helps document medical treatment and lost income, all of which support a strong claim for compensation. Early involvement also allows legal counsel to coordinate with medical providers, secure accident site photographs, and obtain maintenance and inspection records for the scaffolding system. These steps can reveal whether equipment failure, improper assembly, contractor negligence, or insufficient fall protections contributed to the injury. Addressing the matter early improves the prospects of a fair resolution, whether through settlement or litigation, and provides a clearer path to covering recovery costs and future needs.

About Ahearne Law Firm and Allan J. Ahearne, Jr.

Ahearne Law Firm PLLC serves clients across the Hudson Valley and New York, handling serious personal injury matters including scaffold incidents in College Point and Queens County. Attorney Allan J. Ahearne, Jr. and the firm focus on guiding clients through complex legal and insurance procedures, helping to identify liable parties and recover compensation for medical bills, lost earnings, and other damages. The firm emphasizes clear communication, careful investigation, and practical solutions tailored to each client’s circumstances. To discuss your situation and learn how the firm approaches scaffold injury claims, call (845) 986-2777 for a prompt response.

Understanding Scaffold Injury Claims

Scaffold injury claims typically arise when scaffolding components fail, a platform collapses, guardrails are missing or defective, or objects fall and strike people below. Liability can rest with property owners, general contractors, scaffold erectors, equipment manufacturers, or maintenance providers, depending on jobsite roles and contractual responsibilities. The legal process begins with a fact-gathering phase to identify who had control over the scaffolding, whether safety rules were followed, and whether inspections and training were adequate. That investigation helps determine whether a workers’ compensation claim, a third-party negligence claim, or a product liability claim is the best avenue for recovery.

After collecting evidence, the next steps typically include evaluating medical records, estimating current and future costs, and negotiating with insurers or opposing counsel. For employees, workers’ compensation provides medical coverage and partial wage replacement but may not address pain and suffering; third-party claims can seek broader damages when another party’s negligence contributed to the injury. When liability is disputed, the case may proceed through settlement discussions and, if necessary, litigation. Throughout, consistent documentation and coordination with medical providers strengthen the claim and help maximize a recovery suited to the injured person’s needs.

Need More Information?

Key Terms and Glossary

Scaffold

A scaffold is a temporary platform or support structure used to provide access and working space at height during construction, maintenance, or repairs. Scaffolds include frame scaffolding, suspended scaffolds, tubular systems, and custom-built platforms, and they rely on proper assembly, secure anchoring, and regular inspections to remain safe. Legal questions often center on whether a scaffold was assembled according to manufacturer instructions and safety regulations, whether components were defective, and whether the employer or contractor maintained safe conditions. Understanding what type of scaffold was involved helps determine the applicable safety standards and potential responsible parties.

Third-Party Liability

Third-party liability refers to claims against an entity other than an injured worker’s employer, such as a property owner, subcontractor, scaffold installer, or equipment manufacturer. These claims seek compensation for damages that fall outside the scope of workers’ compensation and can include pain and suffering, loss of enjoyment of life, and full wage losses. Establishing third-party liability requires showing that the third party owed a duty of care, breached that duty through negligent or unsafe acts or omissions, and that the breach caused the injury. Identifying third-party defendants often expands recovery options for injured people.

Negligence

Negligence is a legal theory asserting that a party failed to act with the level of care that a reasonably careful person or company would employ under similar circumstances, resulting in harm. In scaffold injury cases, negligence can include improper assembly, failure to provide fall protection, inadequate inspection, or ignoring known hazards. To prove negligence, an injured person must show duty, breach, causation, and damages. Evidence might include maintenance logs, inspection reports, witness testimony, safety training records, and photographs of the scene, all of which help establish how the breach led to the injury.

Workers’ Compensation

Workers’ compensation is a state system that provides medical benefits and wage replacement to employees injured on the job regardless of fault, but it typically limits claims against employers. When an employee is injured in a scaffold incident, workers’ compensation can cover necessary medical treatment and a portion of lost wages, and it often operates on a no-fault basis. However, employees may still pursue third-party claims against non-employer entities whose actions contributed to the injury. Understanding the interaction between workers’ compensation and third-party liability is important for maximizing available recovery while complying with procedural rules.

PRO TIPS

Preserve Evidence Immediately

After a scaffold incident, take steps to preserve physical evidence and document the scene as soon as it is safe to do so, because conditions and evidence can change quickly. Photograph damaged components, visible injuries, and any surrounding hazards, and gather contact information for witnesses while their recollections are fresh. Providing these materials early helps establish key facts about how the incident occurred and supports any later claims for compensation or corrective action.

Document Injuries and Conditions

Keep detailed records of medical visits, diagnoses, treatments, and out-of-pocket expenses related to the scaffold injury, and maintain a journal of symptoms, limitations, and recovery progress to show the incident’s ongoing impact. Save all correspondence with insurers, employers, and medical providers, and secure copies of any workplace incident reports or inspection records. Thorough documentation creates a clear timeline of events and supports accurate assessment of damages during negotiations or court proceedings.

Seek Prompt Medical Attention

Even if injuries seem minor at first, obtain timely medical evaluation to identify issues that may not be immediately apparent and to create an official record connecting treatment to the scaffold incident. Follow recommended care plans and keep all follow-up appointments, as consistent treatment records are often central to proving the extent of injury and future needs. Prompt medical attention also ensures your health and strengthens your ability to pursue fair compensation for medical and related losses.

Comparing Legal Options for Scaffold Injuries

When Broader Representation Helps:

Multiple Potential Defendants

Comprehensive representation is often needed when more than one party could share responsibility for a scaffold incident, such as an owner, general contractor, subcontractor, or equipment manufacturer, because each may have contributed different failures or omissions. Coordinating claims against multiple defendants requires careful investigation to allocate liability and develop strategies for recovery that consider insurance coverage and contractual relationships. A broad approach may also involve working with medical and vocational professionals to fully document damages and future needs in order to pursue the most appropriate remedies for the injured person.

Complex Liability Questions

Complex liability issues arise when determining whether a particular party had control over the scaffolding’s design, installation, inspection, or maintenance, and resolving those questions often requires technical analysis and evidence from multiple sources. When responsibility is disputed, additional discovery, expert testimony, and coordination with regulatory records may be necessary to demonstrate how failures led to the injury. Addressing these complexities thoroughly can increase the chance of obtaining a fair recovery that accounts for both present and future damages.

When a Narrow Approach May Be Enough:

Clear Liability and Modest Damages

A more limited approach can be appropriate when liability is clearly established by straightforward evidence and the damages involved are modest, allowing for quicker resolution without extensive litigation. In such cases, direct negotiations with an insurer or a responsible party may resolve the claim efficiently, saving time and litigation expense while still securing compensation for medical care and wage loss. The choice of approach depends on the specific facts, the strength of the proof, and the injured person’s priorities regarding timeliness and total recovery.

Straightforward Workers' Compensation Claim

When an employee’s claims fit squarely within the workers’ compensation system and there is no clear third-party responsibility, proceeding through the workers’ compensation process may efficiently address medical treatment and wage replacement needs. This route provides a defined framework for benefits without the need to litigate fault against the employer, though it may limit recovery of non-economic damages. Evaluating whether additional third-party claims are viable is important to ensure all avenues for full recovery are considered where appropriate.

Common Circumstances Leading to Scaffold Injuries

Falls from Height

Falls from scaffolding occur when platforms collapse, guardrails fail, or fall protection is absent or improperly used, and such incidents frequently result in severe injuries that require long-term care and rehabilitation. Investigating these events focuses on assembly, maintenance, access points, and whether required safety measures were in place and enforced at the time of the fall.

Collapsing Scaffolding

Scaffold collapses can stem from overloaded platforms, defective components, improper assembly, or unstable foundations, creating dangerous hazards for workers and people below. Determining the cause often requires examining load limits, inspection histories, and whether equipment met applicable standards and manufacturer guidelines.

Dropped Objects and Struck-by Incidents

Tools, materials, or structural elements falling from scaffolding can strike workers or pedestrians and cause traumatic injuries even when the scaffold itself remains intact. Prevention and accountability hinge on securing materials, implementing toe boards and screens, and confirming that jobsite protocols were followed to minimize falling object risks.

College Point Scaffold Injury Lawyer

Why Choose Ahearne Law Firm for Scaffold Injuries

Ahearne Law Firm PLLC brings local knowledge of New York and Queens County construction practices and a focus on obtaining fair results for people injured in scaffold incidents. The firm assists with gathering evidence, communicating with insurers, and evaluating all potential sources of recovery, including third parties and insurance policies. Attorney Allan J. Ahearne, Jr. works with clients to clarify options and pursue remedies that reflect medical needs, lost income, and other damages. Clients can expect direct communication, careful preparation, and help navigating procedural requirements while rebuilding after a serious injury.

When facing the aftermath of a scaffold injury, clients often need support coordinating medical documentation, preserving site evidence, and negotiating with reluctant insurers or responsible parties. The firm assists with these tasks and seeks to arrange practical case handling that aligns with each client’s recovery timeline and goals. Discussions include realistic assessments of likely outcomes and approaches that balance efficiency with pursuing full compensation where appropriate. Contact the office at (845) 986-2777 to arrange a timely review of the situation and learn about next steps.

Contact Us for a Free Case Review

People Also Search For

College Point scaffold injury lawyer

scaffold accident attorney Queens

scaffold collapse claim New York

construction site injury College Point

workers compensation scaffold injury

third party scaffold liability

fall from scaffold attorney

Ahearne Law scaffold claims

FAQS

What should I do immediately after a scaffold injury?

Seek medical care right away and follow all recommended treatment, because prompt documentation of injuries is vital for both your health and any later claim. While obtaining medical attention, if conditions are safe, photograph the scene, damaged scaffold components, and any visible injuries, and collect contact information for witnesses. Report the incident to the employer or property manager so there is an official record, and preserve any clothing or equipment involved in the incident. After immediate needs are addressed, document all medical records, bills, and lost time from work, and preserve any incident reports or site records related to the scaffold. Avoid providing recorded statements to insurers before consulting about your rights and the possible legal avenues that may apply, and reach out to an attorney to review options such as workers’ compensation or third-party claims that might offer additional recovery.

Can I file a workers’ compensation claim and a separate lawsuit?

Yes, employees typically can pursue workers’ compensation benefits for medical care and partial wage replacement while also pursuing a separate third-party claim against entities whose negligence contributed to the scaffold injury. Workers’ compensation provides prompt benefits without proving fault against the employer, but it does not cover non-economic damages like pain and suffering, which a third-party claim can seek when another party’s actions caused or contributed to the injury. Pursuing both avenues requires understanding applicable deadlines, procedural requirements, and how settlement or recovery in one area can affect the other, so careful coordination is necessary. Documenting medical treatment, preserving evidence, and identifying potential third parties early strengthens both types of claims and helps ensure that all available recovery options are considered and pursued appropriately.

How long do I have to bring a scaffold injury claim in New York?

Statutes of limitation in New York set time limits for filing personal injury claims, and those limits can vary depending on the nature of the claim and the parties involved. For many negligence actions, the general time limit is a few years from the date of the injury, but special rules can apply to claims against public entities or in cases where the injured person is a minor. It is important to learn the specific deadlines that apply to your situation promptly so you do not forfeit legal rights by delay. Because timing can be complicated and missing a deadline can bar a claim, injured persons should preserve evidence and seek legal guidance quickly to determine applicable filing periods and any actions that can toll or extend deadlines. Early review helps prioritize steps to meet procedural requirements and to assemble strong documentation in support of a timely claim.

Who can be held responsible for a scaffold collapse?

Responsibility for a scaffold collapse can fall on a range of parties depending on who controlled the scaffold, who installed or inspected it, and whether defects in equipment or maintenance played a role. Possible defendants include scaffold installers, subcontractors, general contractors, property owners, suppliers of defective parts, and employers who failed to provide adequate fall protection or training. Identifying responsible parties often requires reviewing contracts, inspection logs, maintenance records, and jobsite supervision practices. Establishing liability typically involves showing that a party had a duty to ensure safe conditions and that a breach of that duty caused the injury. Evidence such as photographs, witness statements, inspection reports, and maintenance records can demonstrate who had control over the scaffold and whether required safety measures were implemented and enforced at the time of the incident.

What types of compensation are available after a scaffold injury?

Compensation after a scaffold injury can include payment for medical expenses past and future, reimbursement for lost wages and diminished earning capacity, and damages for pain and suffering and loss of normal life activities when a third-party claim is pursued. In some situations, recovery may also cover rehabilitation, home modification needs, and ongoing care expenses. The types and amounts of recoverable damages depend on the nature of the injuries, their long-term effects, and the available insurance coverage or defendant resources. Workers’ compensation can cover medical treatment and wage replacement for employees but typically provides limited benefits that do not include non-economic losses, which is why pursuing third-party claims may be necessary to obtain full compensation. A careful assessment of medical records, vocational impacts, and projected future needs helps determine an appropriate valuation of the claim and supports negotiations or litigation when needed.

How is negligence proven in a scaffold injury case?

Negligence in a scaffold injury case is proven by showing that a party owed a duty of care, breached that duty through action or inaction, and that the breach caused the injury and resulting damages. Proof often relies on a combination of site photographs, inspection and maintenance records, witness statements, jobsite logs, and any applicable safety protocols or building codes that were not followed. Demonstrating causation can require connecting the defendant’s conduct to the specific failure that led to the incident. Investigations may involve consulting with construction professionals, obtaining maintenance and inspection documentation, and interviewing workers or bystanders who observed conditions before the incident. The accumulated evidence helps reconstruct events and clarify whether negligence occurred, and it forms the foundation of negotiations with insurers or pleadings in court when a lawsuit is necessary to seek full compensation.

Will filing a claim affect my employment?

Filing a claim can raise employer concerns in some workplaces, but state law protects certain rights related to filing workers’ compensation claims, and retaliation for seeking benefits is prohibited. If employment issues arise, documentation of the claim and communications can be important, and legal advice can help address retaliation concerns. Employers should not take adverse actions for a worker seeking medical care or pursuing lawful benefits, and remedies are available if improper retaliation occurs. When pursuing third-party claims against non-employer entities, employees should follow workplace reporting procedures and communicate about medical needs, while legal counsel can handle interactions with insurers or defendants. Keeping open records of filings, correspondence, and medical documentation helps protect both employment and legal interests during recovery and claim resolution.

How long does it take to resolve a scaffold injury case?

The timeline to resolve a scaffold injury case varies based on case complexity, the extent of injuries, the number of parties involved, and whether the matter settles or proceeds to trial. Some claims with clear liability and limited damages can settle in a matter of months, while cases requiring extensive investigation, multiple defendants, or litigation can take significantly longer. Medical treatment and the need to understand future care and work impacts frequently influence the timing of settlement discussions. Early negotiation may produce prompt resolutions when liability and damages are straightforward, but when disputes over fault or the seriousness of injuries exist, additional discovery and expert input can extend the process. Regular communication about progress, realistic timelines, and strategic options helps clients set expectations and make informed decisions about pursuing settlement or preparing for trial.

What evidence is most important for a scaffold injury claim?

Critical evidence for a scaffold injury claim includes photographs of the scene and damaged equipment, maintenance and inspection records, safety logs, witness statements, incident reports, and medical records linking treatment to the injury. Documentation showing who controlled the site, who installed or maintained the scaffold, and whether safety protocols were followed will help assign responsibility. Collecting this information quickly is important because job sites change and evidence can be altered or lost over time. Medical records and bills are key to proving the extent of injuries and the cost of care, while wage documentation supports claims for lost earnings. Securing statements from co-workers or bystanders and preserving any physical items involved in the incident further strengthens the case, enabling clearer negotiations and supporting litigation if a satisfactory settlement cannot be reached.

What if I was injured as a visitor or passerby near scaffolding?

Visitors and passersby injured by scaffolding hazards may have legal claims against property owners, contractors, or others responsible for site safety, depending on the circumstances and whether negligence or unsafe conditions allowed the incident to occur. Unlike employees, visitors are not covered by workers’ compensation, so third-party negligence claims can be the primary route for recovery, addressing medical bills, lost income, and non-economic damages. The legal analysis focuses on whether responsible parties failed to maintain safe conditions or warn people about hazards. Documenting the scene, collecting witness information, and obtaining medical treatment are immediate priorities for injured visitors, and preserving any relevant communications or incident reports can support a claim. Because different rules and deadlines may apply, seeking prompt advice helps determine the best pathway for pursuing compensation and ensures that evidence is gathered while it remains available.

Personal Injury Services in College Point

Explore our injury practice areas

⚖️ All Personal Injury Services