Falls in the construction industry can be fatal. These dangerous accidents can occur when a worker falls from unsafe scaffolding.
The following are injuries that can occur in a scaffold accident:
- Broken bones
- Eye injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord damage
- Nerve damage
- Head and neck injuries
- Concussions
- Back injuries
- Organ damage
- Amputations
- Paralysis
- Wrongful death
If you are injured in a scaffold accident, you will typically assert a claim under workers’ compensation. You may also be able to pursue a personal injury lawsuit. An experienced personal injury lawyer can evaluate your case and explain your legal options.
OSHA Safety Standards for Scaffoldings
The Occupational Safety and Health Administration (OSHA) ensures safe and healthy working conditions for workers by setting safety standards. OSHA provides specific scaffolding standards that must be met. These standards focus largely on construction, training, and protection.
Some of the most frequently cited OSHA safety standards for scaffoldings include:
- Each scaffold and component must be able to support four times the maximum intended load
- Each platform on every level of scaffolds must be fully planked between the front uprights and guardrail supports
- An employer must provide safe means of access when feasible for workers erecting or dismantling a scaffold
- Scaffolds should not be loaded beyond their intended capacities
- Employees are prohibited from working on a scaffold that is covered with ice or snow
Any breach of an OSHA safety standard could result in legal liability.
Workers’ Compensation for Scaffolding Accidents
Typically when a worker is injured in a scaffolding accident, workers’ compensation can cover medical expense coverage, income replacement, and survivor’s benefits. To receive these benefits, you must generally visit a doctor that’s approved by the Workers’ Compensation Board unless it is an emergency.
A scaffolding accident can occur for a number of different reasons. New York has a no-fault workers’ compensation system. This means that even if the accident is entirely your fault, you can still recover damages for your workplace injury.
If you are injured in a workplace accident, you must notify your employer of your injury within 30 days. If you wait too long to file an employee claim, you will forfeit your right to receive workers’ compensation benefits. An experienced workers’ compensation lawyer can help you avoid missing important deadlines.
Scaffold Accident Lawsuits
In New York, you may still be able to file a lawsuit against your employer after a scaffold accident, depending on the facts of your case. Normally, you’d be barred from doing so if your employer carries workers’ comp insurance; but New York Labor Law 240 carves out exceptions for construction workers, specifically.
Further, if you are injured due to a negligent third party other than your employer, you can potentially file a personal injury lawsuit.
To successfully recover compensation in a personal injury lawsuit, you must prove that:
- The defendant had a duty to provide you with safe equipment
- The defendant breached that duty
- The breached duty harmed you and resulted in injuries and damages
The company that maintains the scaffolding is often liable for accidents that occur, but not always.
The following are examples of parties that you may be able to file a personal injury lawsuit against:
- Property owners
- General contractors
- Third-party vendors or suppliers
- Manufacturers of defective work equipment
While workers’ compensation only covers your economic losses, you may be entitled to more compensation in a successful personal injury lawsuit.
Consult With an Experienced Construction Accident Lawyer
If you are injured in a scaffolding accident, you can pursue the following compensation in a personal injury lawsuit:
- Past and future medical expenses
- Lost earnings
- Reduced earning potential
- Rehabilitation
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Disfigurement
- Scarring
- Anxiety, depression, or PTSD
- Loss of consortium
If you were injured in a scaffold accident due to a negligent third party, a personal injury attorney can help you pursue the compensation you deserve and help you evaluate your legal options.
Contact Our Construction Accident Law Firm in Bronx, NY
If you need legal assistance, contact the Bronx construction accident lawyers at Oresky & Associates, PLLC at your nearest location to schedule a free consultation.
We have two convenient locations in New York:
Oresky & Associates, PLLC – Bronx Office
149 E 149th St
Bronx, NY 10451
(718) 993-9999
Oresky & Associates, PLLC – Queens Office
104-09 Roosevelt Ave
Queens, NY 11368
(347) 507-3884
