I'm having a hard time following who did what in this situation. So to clarify, the foreman, who was hired by the homeowner, constructed the scaffold. Correct? Who provided the scaffold? The homeowner, or the foreman?
If I understand correctly, your brother, nor any employee of your brother neither provided, constructed, or had anything to do with the scaffold collapsing, correct?
Does the foreman have his own business, or did he have employees there? The foreman may have insurance of his own.
It seems to me that your brother needs a personal injury attorney, not a workers' compensation attorney. A personal injury attorney would best be able to determine what, if any (or multiple) parties should be placed on notice of an action. I would definitely put the homeowner's policy on notice. I would also identify every person that working on that property, who provided the scaffold, who constructed it, and who has insurance. An action does not need to be limited to one carrier - I would put everyone on notice - but your brother will need the expertise of a personal injury attorney to do this right. The law on these matters is complicated.
It could be that the homeowner could be considered an employer if several considerations are present. For example, who provided the supplies, did he control the work and the manner in which it was conducted, did he pay by the hour at the completion of a job, etc. All that said, workers' compensation benefits in NY are sucky. You'd be better of with a personal injury suit.
If I understand correctly, your brother, nor any employee of your brother neither provided, constructed, or had anything to do with the scaffold collapsing, correct?
Does the foreman have his own business, or did he have employees there? The foreman may have insurance of his own.
It seems to me that your brother needs a personal injury attorney, not a workers' compensation attorney. A personal injury attorney would best be able to determine what, if any (or multiple) parties should be placed on notice of an action. I would definitely put the homeowner's policy on notice. I would also identify every person that working on that property, who provided the scaffold, who constructed it, and who has insurance. An action does not need to be limited to one carrier - I would put everyone on notice - but your brother will need the expertise of a personal injury attorney to do this right. The law on these matters is complicated.
It could be that the homeowner could be considered an employer if several considerations are present. For example, who provided the supplies, did he control the work and the manner in which it was conducted, did he pay by the hour at the completion of a job, etc. All that said, workers' compensation benefits in NY are sucky. You'd be better of with a personal injury suit.