New York City employs 373,800 construction workers, making it the largest construction employer metropolis in the nation. These thousands go to work on construction sites each day, hoping they will finish the day safely and enjoy all the benefits this industry offers. Unfortunately, the construction industry is rife with peril.
Despite the Occupational Safety and Health Administration (OSHA), construction companies are not always on top of regulations. They cut corners to reduce costs and finish projects quicker.
Construction workers may arrive at work and face unsafe conditions, including improper types of scaffolding structures, fall protection, or missing safety equipment.
The Bureau of Labor Statistics (BLS) estimates scaffold accidents cause 4,500 injuries and 60 deaths each year. These types of injury cases are frequently complex, with varying factual accounts and blame-shifting. If you sustain injuries in a scaffold accident, you need a skilled New York construction accident lawyer who knows how to apply the regulations and get down to the facts.
The Jacob D. Fuchsberg Law Firm represents victims of construction accidents, including those hurt on or by scaffold structures. We offer decades of experience handling complex construction accident claims throughout the Bronx, Brooklyn, Queens, Manhattan, and the greater state of New York. Our family is there for your family when the unimaginable happens.
If you or a loved one have been injured in a scaffolding collapse call (212) 869-3500 or contact us online today for a free case review from an experienced scaffolding accident lawyer at our law office.
Scaffolding injuries are often severe, and your focus needs to be on recovery. A successful personal injury claim depends on good story-telling, which includes an analysis of the accident cause, your injuries, responsible parties, and why you deserve maximum compensation.
Presenting an organized case is difficult if you do not have legal training, which compounds when you are also healing from a significant injury.
Our law firm works to make your recovery as seamless as possible. As you rest and recover, our skilled scaffolding accident lawyers are hard at work with the following:
Our attorneys apply this approach to all construction accident cases, including scaffolding. The results speak for themselves as clients receive the financial compensation that makes their situation more manageable.
A scaffold is a temporary work platform. It is familiar with construction: 65 percent of the construction industry works on scaffolds. You also see scaffolding used for building maintenance. Repair crews and window cleaners also use scaffolding.
Common types of scaffolding include:
Scaffolding structures can be supported, meaning each platform may contain rigid load-bearing parts like poles, legs, frames, hoists, and outriggers. Suspended scaffolds hang from building roofs and use ropes and other non-rigid support. Scissor and vertical lifts are not technically scaffolds, but OSHA defines them as scaffolds in some situations.
Since scaffolding accidents happen often on construction sites, if you've been injured you may be eligible to pursue a workers’ compensation and/or a personal injury claim. If the liable party is your employer, workers’ compensation offers a base income, payment of your medical bills, and any vocational rehabilitation. But if workers’ compensation is not enough to cover your injuries or the liable party is not your employer, you can pursue a personal injury claim for your construction injury.
OSHA standards require safety equipment on scaffolds. Toeboards, guardrails, side brackets, base plates, mud stills, ties, and fastening pins make scaffolding less precarious. But if a construction company fails to maintain scaffold equipment, an accident becomes a when--not an if.
Most scaffolding accidents in New York City arise from these common causes:
Even if you are somewhat at fault for your injuries, you can still collect a settlement. Any violation of OSHA standards would subject your employer or contractor to liability if that violation contributed to your injuries. Even if you feel the accident was your fault, it's important to consult with a personal injury lawyer for legal advice since your employer or site owner may still be liable.
A BLS study revealed that 72 percent of injured workers in scaffolding accidents reported the planking or other support failed, causing a fall. Some workers received injuries when falling objects or failing scaffolding landed on them. In other cases, the scaffold remains intact, but a slip-and-fall with no guardrails causes a worker to fall to the ground.
The following injuries are common in scaffolding accidents:
Many of these injuries are life-changing, with workers finding they cannot return to their previous line of work. In wrongful death cases, loved ones face tremendous grief with funeral costs, last illness medical expenses, and lost income.
New York takes scaffolding accident injuries seriously. Labor Law 240 requires employers, contractors, property owners, and agents to provide safe scaffolding at their work sites. These same parties are also responsible for safety features like guardrails, bolts, and fasteners. Finished scaffolding must bear at least four times the maximum weight it will hold.
Labor Law 240 allows our scaffolding accident attorneys to hold employers, site owners, contractors, and agents liable. Since safe scaffolding is a defined duty, they are strictly liable for any failures. That means they cannot blame you for any safety failures in scaffolds and those failures are automatically their fault.
This protection extends to anyone working in construction, demolition, repair, remodeling, or painting. If you are injured in a scaffolding accident, chances are Labor Law 240 covers you and make it easier to secure fair compensation.
If you face the real and frightening impacts of a New York scaffolding accident, know that the law is on your side, however, it is critical to find the responsible parties and demonstrate that they failed to provide safe scaffolds for your work.
The personal injury attorneys at the Jacob D. Fuchsberg Law Firm offer 40 years of experience helping construction and scaffolding accident victims in NYC when they face the unimaginable. Our compassionate representation secures substantial settlements and offers you and your loved ones justice and peace of mind.
If you've been hurt, contact us online or call (212) 869-3500 today to schedule a free case evaluation. We can help when the unimaginable happens.