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Scaffold Accidents in New York

New York construction workers are commonly put in hazardous situations where there’s an increased risk of injury, especially where scaffolding and other dangers are present. The Occupational Safety and Health Administration (OSHA) frequently cites New York construction companies for violations of scaffolding requirements and construction. Outside of construction workers, this same equipment can also present a threat to pedestrians and other non-workers. If you were seriously hurt or lost a loved one in a scaffold accident, it’s critical to speak with an experienced New York scaffold accident lawyer as soon as possible.

At Hecht, Kleeger & Damashek, P.C., our construction accident lawyers are dedicated to helping injury victims who are hurt in scaffolding accidents through no fault of their own. We have decades of experience helping injury victims, particularly in the construction trades, and have recovered hundreds of millions of dollars of compensation in similar situations. New York laws makes the owner and general contractor responsible for providing a safe construction site, so whether you were injured on-the-job or while passing by a worksite, you have legal rights and options to consider.

Let us review your circumstances and provide guidance on how you can recover what you need and deserve after a scaffolding accident in New York. Contact our New York City personal injury lawyers today by calling 212-490-5700 to schedule a free, no-risk consultation. There are no up-front fees, and you owe nothing until we secure compensation for you.

 

Overview of Federal Statutes and New York Scaffold Law

Considering the potential for serious scaffold accidents, lawmakers and government agencies have established regulations to protect workers and the general public. OSHA is the key federal agency tasked with enacting a set of detailed, comprehensive rules regarding scaffolding equipment.

Some of the most important OSHA scaffold regulations cover:

  • Assembly, installation, operation, and disassembly of scaffolding
  • Size, load support, and construction material to reduce the risk of scaffolding collapse
  • Training of employees in how to recognize scaffold fall hazards and procedures to minimize such incidents
  • Precautions for scaffolding fall protection and safeguards against falling objects
  • Many more regulations that require full compliance by New York employers

The OSHA regulations apply to all U.S. states, so there are multiple protections in place for New York employees. Still, there are some additional details regarding scaffolding under New York Labor Law 240, which is directed at contractors in building construction, renovation, and demolition work. The statute requires proper installation of scaffolding and related equipment on job sites to prevent scaffolding failures. Under Labor Law Section 240, the general contractor and owner are absolutely liable when a worker falls from a scaffold.

 

How New York Scaffold Accidents Happen

Despite OSHA scaffold regulations and New York scaffold law, accidents still happen on worksites with alarming frequency. Issues with scaffolding are ranked third on the Top 10 Most Frequently Cited Standards list for 2018. Plus, incidents can occur even when an employer or contractor fully complies with relevant rules.

Some of the most common causes of scaffold accidents include:

  • Workers falling due to improper equipment or lack of guard rails
  • Environmental conditions, such as ice, rain, wind, snow, and sleet
  • Materials falling from above
  • Failure to inspect or maintain scaffolding safety rails, base plates, decking, risers, safety pins, and other equipment
  • Defective parts and parts failure
  • Improper loading, overloading, or balancing materials
  • Scaffolds collapsing, shifting, or tipping over

Various other causes and factors may contribute to a scaffold accident, regardless of whether there was a violation of safety laws. As a result, multiple parties may be accountable for your injuries, either as a worker or a bystander. Experienced New York scaffold accident lawyers can decipher the complex liability issues under such circumstances.

 

Common Injuries from Scaffold Accidents

Many factors affect the severity and nature of injuries victims suffer in a fall from a scaffold, such as the height of the scaffolding collapse, the type of surface below, striking objects during descent, and others. However, some of the most frequently occurring injuries in such a fall include:

Though falls are among the most frequent accidents on scaffolding, other incidents can cause bodily harm to a worker or other victim. Some of these units are equipped with electricity for lifting, lowering, supplying power to tools, lighting, and other purposes. Scaffolding electric shock can result from defects or malfunctions, leading to burns, pain in the chest, shortness of breath, cardiac arrest, seizures, and fatal injuries.

Notable
Results

$9,000,050

Construction Workers Injured on an Exterior Scaffold

Read More Results
 

Compensation after a Scaffolding Accident

If you were hurt in a workplace scaffolding accident, you may be entitled to seek benefits under the state worker’s comp system. Most New York employers are required to carry workers’ comp insurance to protect employees who suffer injuries on the job.

Our knowledgeable New York scaffolding accident lawyers can assist with eligibility rules and the claims process, which can be very complicated.

Benefits Under Workers’ Compensation Laws:

In a successful claim, you may recover:

  • Medical benefits to cover the costs of treatment for your scaffold injuries, now and in the future
  • Wage replacement for the time you miss work
  • Death benefits, if you’re a family member who lost a loved one in a scaffolding death

Third-Party Liability in Scaffolding Accidents

If negligence or reckless behavior caused the scaffolding accident in question, then you may have the right to pursue compensation. Depending on who was negligent and caused the accident, you may be able to file a claim against:

  • General contractor
  • Contractors, subcontractors, and vendors
  • Tenants of the building under construction
  • Equipment manufacturers
  • Equipment, tool, and supply distributors
  • Property owners
  • Engineers
  • Architects

Through a third-party liability claim, you can pursue compensation for your:

  • Medical Bills
  • Lost Wages
  • Physical Pain and Suffering
  • Emotional Distress and Mental Anguish
  • Disfigurement
  • Disability
  • Reduced Earning Capacity
  • Reduced Quality of Life

 

Fatal New York Scaffolding Accidents

If your parent, spouse, or child was killed in a scaffolding accident, you should contact Hecht, Kleeger & Damashek, P.C. right away. You may be entitled to additional workers’ comp benefits. Surviving spouses and minor children may receive weekly cash benefits and funeral expenses. More importantly, our scaffolding attorneys will analyze the accident to determine if someone else is responsible for their death. If a third party was negligent or reckless and caused the fatal accident, then we can pursue a New York wrongful death claim. We will strive to obtain you compensation for your economic losses, the loss of your relative’s love, and their companionship.

 

Contact Our New York Scaffold Accident Lawyers

Whether you were working or merely passing by a construction site, if you were injured or lost a loved in a scaffolding accident, you are likely in pain and unsure about how to deal with the situation. A New York scaffolding accident lawyer from Hecht, Kleeger & Damashek, P.C. will answer your questions and guide you through the process of obtaining fair compensation. We have decades of experience and have recovered hundreds of millions of dollars for victims in situations a lot like yours. Don’t take your rights for granted. Let us review your circumstances, determine who may be liable, and fight for everything you are entitled to under the law.

Call us at 212-490-5700, or contact us online to request a free consultation. There are no up-front costs, and you owe us nothing unless you recover compensation.

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05/15/2019

“I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.”

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