NYC Scaffolding Accident Attorney

Accidents can happen in a split second, but their consequences can last a lifetime. This is especially true of scaffold accidents in the bustling construction zones of New York City. One moment, construction workers are going about their tasks; the next, they are falling from a height, their lives hanging in the balance.

Scaffolding accidents are unfortunately common and can lead to devastating injuries. These accidents are often due to negligence, poor training, OSHA violations, or defective equipment. If you or a loved one has been involved in a scaffolding accident, you’re likely facing expensive medical bills and loss of income. But you don’t have to face this alone.

At Richman Law Firm PLLC, we have what it takes to help scaffolding collapse victims navigate the complex legal system. We understand the intricacies of New York’s scaffolding, and we’re ready to fight for the compensation you deserve. Contact us today for a free consultation.

OSHA Violations

The Occupational Safety and Health Administration (OSHA) sets strict standards for scaffolding safety to protect workers. Unfortunately, these standards are frequently violated, leading to preventable accidents. Here are some common OSHA violations:

Improper Planking or Decking: OSHA requires that scaffold platforms be fully planked or decked between the front uprights and guardrail supports. If the planking or decking is inadequate, workers can fall through gaps.

Lack of Guardrails: Guardrails are crucial for preventing falls from height. OSHA requires guardrails on all open sides of platforms more than 10 feet above the ground.

Scaffold Collapse Due to Overloading: Scaffolds must be designed to support their weight and four times the maximum intended load. Overloading can lead to catastrophic scaffold collapse.

Insufficient Scaffold Access: OSHA mandates that scaffolds more than 2 feet above or below a point of access must have ladders, ramps, walkways, or similar means of access. Failure to provide proper access can result in falls.

Failure to Use Fall Protection: Fall protection, such as personal fall arrest systems (PFAS) or guardrail systems, is required on scaffolds more than 10 feet above a lower level.

Lack of Proper Training: Employers must train each employee who works on a scaffold, emphasizing the hazards and the steps to be taken to control those hazards.

Recoverable Damages After Scaffolding Accidents

If you’ve suffered a serious personal injury, as is the case with most scaffolding accidents, you may recover compensation for a range of damages, including:

Medical Expenses: This includes the cost of ambulance rides, emergency room visits, hospital stays, surgeries, medication, and any other medical treatment you’ve received due to your accident.

Future Medical Expenses: If your injuries require ongoing medical care, you may seek compensation for the estimated cost of this future care.

Future Lost Earnings: If your injuries prevent you from resuming work or limit your potential to earn a living, you may file for compensation for your lost earning capacity.

Pain and Suffering: This includes compensation for the physical pain and distress caused by your injuries.

New York Scaffolding Laws

New York law has some of the most comprehensive worker protections in the country:

Labor Law 200

Labor Law 200 ensures that all aspects of a construction site, from equipment arrangement to operational procedures, uphold the highest safety standards. This law mandates that workplaces be maintained with the well-being of the workers as the foremost priority, holding property owners and general contractors accountable for any lapses in providing a safe working environment.

Labor Law 240

Labor Law 240 is the bedrock of worker protection in New York labor law. It imposes a non-negotiable duty on contractors and property owners to maintain the safety of their workers against gravity-related perils. This law simplifies the pursuit of justice for injured workers by presuming negligence whenever scaffolding safety standards are violated.

When a scaffold accident occurs, the law looks beyond the worker’s possible contributory negligence. If the accident resulted from incorrect or inadequate safety equipment, the law holds the responsible parties financially accountable, making the path to compensation more transparent and more direct for the victims.

Labor Law 241

Labor Law 241 focuses on specific safety requirements for construction, excavation, and demolition work. It details how scaffold structures, floors, elevators, and hoisting apparatus must be constructed, arranged, and maintained to safeguard workers from injury. This law is particularly relevant when dealing with construction accidents involving rolling scaffolds, steel scaffolding, and other scaffold platforms central to the industry.

Understanding Different Types of Scaffolding

Different types of scaffolding are used for different tasks, each with its own risks. Let’s break it down:

Cantilever Scaffold: This type of scaffolding is supported on only one end, making it less stable than other types. If not correctly secured, it can lead to serious personal injuries.

Suspended Scaffold: Suspended scaffolding hangs from the top of a building or structure. If the suspension mechanism fails, the results can be catastrophic.

Steel Scaffold: Steel scaffolding is sturdy and durable, but if it’s not maintained correctly or assembled, it can collapse, causing severe injuries.

Baker Scaffold: This type of mobile scaffolding is commonly used for indoor projects. Improper use, overloading, or failure to lock the wheels can lead to serious accidents.

Wooden Scaffold: Given its building materials, wooden scaffolding is less durable than steel and more susceptible to environmental damage. It can also easily catch fire.

Mast Climbing Scaffold: This type of scaffolding moves up and down along a vertical mast. Accidents can occur if the controls malfunction or the worker isn’t adequately trained.

Pump Jack Scaffold: Pump jack scaffolding uses a mechanical lift. Workers can fall from heights if the lift fails or the scaffolding isn’t properly secured.

Related Construction Accidents

Scaffolding injuries often involve more than just falls from heights. They can also include:

Falling Debris

Construction sites are busy with many moving parts. Objects that aren’t properly secured can fall and strike workers below. This can include anything from tools and building materials to scaffolding components themselves. The risk is particularly high in multi-level construction sites where work occurs on different floors. Falling debris can cause a range of ailments, from superficial cuts and bruises to significant head trauma or even fatalities.

Ladder Accidents

When ladders are not properly set up, maintained, or used, they can cause serious accidents. This risk is heightened when workers overreach, carry heavy loads while climbing, or use ladders on uneven surfaces. Ladder accidents can lead to a range of injuries. Proper ladder safety protocols and regular equipment inspections are crucial to prevent these potentially devastating incidents.

Third-Party Liability

Many construction workers only consider workers’ compensation claims when injured, but other options exist.

In some scaffolding accidents, more than one party may be responsible for your injuries. A scaffold accident claim could include the property owner, the general contractor, subcontractors, equipment manufacturers, or others involved in the construction project.

Pursuing a third-party liability claim can increase the compensation you can recover. However, these claims are complex and require thorough investigation and evidence gathering. Our New York City scaffolding accident lawyers can help you understand all available options.

Common Injuries Caused by Scaffolding Accidents

Many victims of a New York scaffolding accident see their lives change forever. Here are some common injuries we see on construction sites:

Traumatic Brain Injuries (TBIs)

Traumatic brain injuries can lead to permanent cognitive and physical impairments. Victims of TBIs often face a long road to recovery, which may include extensive medical treatment such as surgeries, rehabilitation, and therapy. The impact of such injuries often affects the victim’s ability to work, socialize, and perform everyday activities, often changing their lives and the lives of all close family members.

Broken Bones

Falls from scaffolding often result in broken bones. These injuries may lead to multiple surgeries and long-term rehabilitation. Broken bones frequently require surgical intervention. The impact of broken bones extends beyond the physical; it can also lead to emotional and financial stress due to medical treatment costs and loss of income during the recovery period.

Concussions

When a concussion occurs, the sudden jolt that causes the brain to bounce within the skull may lead to chemical changes that stretch and damage brain cells. The severity of a concussion can vary, and symptoms might not appear immediately. Individuals might sometimes experience dizziness, confusion, nausea, and sensitivity to light shortly after the injury.

Paralysis

Spinal cord injuries from scaffolding accidents can lead to partial or complete paralysis, dramatically changing a person’s life. These injuries can impact the victim’s physical abilities, emotional well-being, and quality of life. In many cases, victims may require assistive devices like wheelchairs or home modifications to accommodate their new lifestyle.

Neck and Back Injuries

Neck and back injuries can limit mobility, affecting a person’s ability to work and enjoy life. Such injuries often require long-term medical treatment, including physical therapy, chiropractic care, and sometimes even surgery. The recovery can be long, often involving significant time off work, leading to financial strain.

Wrongful Death

In the worst cases, scaffolding accidents can be fatal. If a family member suffered a fatal injury in a scaffolding accident, you might be entitled to wrongful death damages. These can cover funeral and burial expenses, loss of companionship, and loss of financial resources the deceased would have provided. Additionally, wrongful death claims might include compensation for the suffering endured by the surviving family members.

Time Limitations for Personal Injury Claims

The statute of limitations for personal injury lawsuits in New York is three years from the date of the accident. In other words, you have three years to file a legal action against the party responsible for your injuries. Navigating these legal deadlines can be complex and confusing. A personal injury lawyer can assist in filing your claim promptly and securing your right to compensation.

Contact Us for a Free Consultation

At Richman Law Firm PLLC, we know New York City scaffolding accidents can be devastating. Whether your injury was caused by faulty safety equipment, a scaffolding collapse, or similar gravity-related injuries, don’t hesitate to contact our personal injury attorneys. We understand what you’re going through and are here to help.

Our New York personal injury lawyers have experience navigating these claims and work on a fee contingency basis, which means we don’t get paid unless we win your case. Contact our construction accident lawyers for a free consultation today and get started on your path to recovery.