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What Is Scaffolding in Construction?
Scaffolding is a temporary structure used to support workers and building materials in the construction, maintenance, and repair of buildings. It is widely used on construction sites to access high areas that would otherwise be hard to reach. Of course, with New York’s towering skyline, scaffolding is everywhere on both large and small projects.
Unfortunately, because scaffolding is temporary and can be many stories high, safety hazards abound. Scaffolding that is not assembled, maintained, or utilized correctly can be deadly. Scaffolding is most typically composed of metal tubes, couplers, and wooden boards, and incorrectly using or installing any of these materials can result in serious accidents.
What Are Common Scaffolding Hazards in New York?
Unsafe assembly and deteriorating components pose a significant threat to people who walk on or under scaffolding. Some of the most common hazards that cause scaffold injuries include:
- Construction deficiencies – When scaffolding is constructed with subpar materials or non-standard assembly, it is less sturdy and easier to break.
- Scaffolding collapse – Scaffolding can deteriorate over time, which can cause part or all of the structure to collapse. So can improper assembly.
- Falls from scaffolding – When employees aren’t given adequate fall protection like guardrails and body harnesses, they’re more likely to fall from scaffolding and suffer serious injuries.
- Falling object accidents – To avoid falling objects, all tools and materials should be secured, workers should wear hard hats, and netting should be installed to catch falling debris. This protects workers from being struck.
- Electrocution – According to OSHA standards, scaffolding must be built at least 10 feet away from active power lines to reduce the risk of electrocutions.
Scaffold tip-overs and slides – If scaffolding is not constructed or maintained correctly, or is destabilized , the entire structure may tip over or slide, endangering any workers on the scaffold. This can also occur with rolling scaffolds that are on wheels.
Who Could Be Held Liable for Injuries in a Scaffolding Accident in New York?
Generally, injured workers cannot file a scaffolding accident lawsuit against their own employers. Instead, their remedy regarding their employer is to file a claim for workers’ compensation benefits.
However, in New York workers are allowed to sue at-fault third parties, depending on the circumstances of the accident. If you were injured in a scaffolding accident in New York, multiple parties may be liable for your injuries, including property owners, general contractors/construction managers, subcontractors, and scaffolding manufacturers.
Does New York Have Any Laws on Scaffolding Accidents?
Labor Law § 240—also known as the New York Scaffold Law — is a state statute that holds property owners and construction managers/contractors liable when an employee without proper safety equipment is injured while working on scaffolding . Further, Labor Law § 241(6) requires that all areas where construction, excavation, or demolition work is being conducted must be properly constructed, shored, equipped, guarded, and arranged to ensure reasonable and adequate protection for workers.
The Scaffold Law was enacted in 1885, long before the federal government enacted widespread worker protection programs like OSHA. Injuries caused by a violation of the Scaffold Law can result in strict liability for at-fault property owners and contractors.
To establish a personal injury case under the Scaffold Law, you must prove that there was a safety violation and a causal link between the violation and your injuries. Promptly filing an accident report in writing with your employer to record the facts of the accident can go a long way in proving liability, assuming your injuries don’t prevent you from submitting one.
In 1979, OSHA enacted federal safety regulations for scaffolds, providing standards for the construction and use of scaffolding to keep them as secure as possible. Among other things, the regulations require that any employee who is 10 feet or more above a lower level must be protected by either guardrails or a fall arrest system, such as a body harness.
How Can A Lever & Ecker Construction Accident Lawyer Help?
If you’ve been injured on or near scaffolding in New York, the Bronx construction accident lawyers at Lever & Ecker can represent you in a scaffolding accident lawsuit. We take a hands-on approach to every client’s case, guiding them through each step of the claims process and helping them make the right legal decisions.
At Lever & Ecker, we understand New York construction and scaffolding laws. Our attorneys recently recovered a $2.8 million settlement for a construction worker who fell from a scaffold, suffering serious back injuries that required surgery. Though the defendant argued that our client fully recovered and could return to work, our legal team countered this claim and obtained a substantial settlement for our client and his wife.
Schedule a Free Consultation With Our Skilled New York Scaffolding Accident Lawyers
Our award-winning New York construction accident lawyers have over 70 years of combined experience and ensure every case receives the undivided attention it deserves. We are motivated by helping injury victims and making a difference in their lives. Our clients expect top-tier legal representation every time, and we deliver.
With offices in White Plains, the Bronx, and Queens, we help injured clients from throughout New York. We also make home and hospital visits, so if you can’t come to us, we can come to you. If you or a loved one were injured in a New York scaffolding accident, call (914) 288-9191 or contact us online to schedule your free consultation.
