Take a trip through our New York streets, and you’re likely to see construction employees high off the ground working on scaffolding. Accidents can happen even if workers have adequate training for working on scaffolding. According to the Occupational Safety and Health Administration (OSHA), there are 4,500 injuries and 50 deaths related to scaffolding annually.
If you were hurt in a scaffolding accident, you could use guidance from a NY scaffolding injury lawyer. Here’s what you need to know from a construction accident lawyer in New York.
How Do Scaffolding Accidents Happen?
Scaffolding accidents commonly happen when the planks that workers stand on give way. This can occur if the scaffolding wasn’t constructed properly or if workers use equipment that is too heavy for the scaffolding to support.
Other common causes of scaffolding accidents include:
- Failing to secure ladders to scaffolding properly
- Using fall protection improperly or not at all
- Erecting scaffolding on unstable ground
- Building scaffolding without guardrails
- Inadequate bracing, allowing scaffolding to tip over
- Engaging in horseplay on scaffolding
- Setting up scaffolding near energized power lines
- Leaving floor openings uncovered
- Using shortcuts when climbing scaffolding
- Tripping over objects left on scaffolding
- Failing to wear proper footwear, which can lead to workers slipping and falling from scaffolding
Falls from scaffolding are incredibly common (about one in three construction fatalities are due to falls from height). Struck-by accidents related to scaffolding are also common. Such accidents can happen when a worker drops tools or equipment onto a worker standing below the scaffolding.
Types of Injuries Resulting From Scaffolding Accidents
Because scaffolding is often erected 20 feet or more off the ground, scaffolding-related accidents can be serious and, sometimes, deadly. In an accident, workers may suffer broken bones, lacerations, head injuries, and spinal cord injuries. Some may become partially or fully paralyzed.
Even after injuries heal, workers may be left with long-lasting or permanent damage. They could also end up with disfigurement that requires plastic surgery to fix. Workers may develop anxiety, depression, and post-traumatic stress disorder (PTSD). They might become so fearful of heights that they’re forced to take a job in a different industry.
Understanding New York’s Labor Law § 240
If you’ve been hurt in a scaffolding accident, you must understand New York’s Labor Law 240. Under this law, building owners, contractors, and their agents must erect or furnish safe scaffolding for construction workers. Scaffolding must be able to withstand four times its weight, and if the scaffolding is more than 20 feet off the ground, it must have safety rails at least 34 inches in height.
If a contractor or building owner doesn’t follow safety regulations, you can hold them responsible for your scaffolding accident. This is called “strict liability.” Strict liability means you don’t have to prove negligence, as negligence is presumed.
Parties That May Be Liable for Scaffolding Accidents
If a general contractor or subcontractor provided shoddy scaffolding, then you may be able to hold them liable in a lawsuit. Likewise if a property owner supplied substandard scaffolding.
Other parties your NY scaffolding injury lawyer may be able to hold liable include project managers, engineers, architects, and equipment manufacturers.
Recovering Damages for a Scaffolding Accident
There are three remedies for scaffolding accidents: workers’ compensation, personal injury lawsuits, and wrongful death suits. Which to choose depends on the specifics of your case and who is liable for your injuries.
Workers’ Compensation
If you’re hurt at work, regardless of how the accident happened, you can claim workers’ compensation benefits. This is true even if the accident was partially or totally your fault.
Workers’ comp pays a percentage of your lost wages (up to $1,145.43 per week if your accident happened between July 1, 2023 and June 30, 2024). Benefits are based on your average weekly wage.
Workers’ comp will also pay for your accident-related medical bills. If you go to the emergency room for your injuries, that will be covered. Benefits also pay for surgery, assistive medical devices, medications, and physical therapy.
One downside to workers’ comp is that it doesn’t pay for pain and suffering. If you want compensation for pain and suffering, you’ll need to file a lawsuit.
If you want to make a workers’ comp claim, you must report the accident to your employer within 30 days and make a claim within two years of the date of the incident.
Personal Injury Lawsuits
You can’t sue your employer if they offer workers’ comp benefits, but you might be able to sue a third party if they were responsible for your accident. Doing so allows you to seek compensation for the remainder of your lost wages, pain and suffering, mental anguish, and property damage.
You might opt for a personal injury lawsuit if workers’ comp doesn’t cover all your damages. A New York scaffolding accident attorney can tell you whether filing a lawsuit makes sense.
Wrongful Death Lawsuits
If your loved one lost their life because of a scaffolding accident, you may wish to file a wrongful death lawsuit. In New York, you have two years from the date of the accident to do so.
Only certain parties can file a wrongful death suit in our state. These include the deceased’s spouse, children, parents, or personal representative. Siblings and cousins generally cannot file a lawsuit unless they have been named as the deceased’s guardian or personal representative.
Can You Still Claim Workers’ Compensation If You Sue?
Injured workers may be reluctant to accept workers’ compensation because they think they won’t be able to file a lawsuit as well. However, it is possible to sue even if you take workers’ comp benefits. You will likely have to pay back a portion of your benefits if you win your case, though.
We’ll Seek Justice for Your Scaffolding Accident
If you’ve been injured from one of the many commonly reported construction site accident causes, such as a scaffolding collapse, reach out to William Schwitzer & Associates, P.C. today. We can help you navigate workers’ compensation claims and tell you whether it’s possible to sue a third party for ignoring construction site safety regulations.
For your free case evaluation, call (212) 683-3800. We can answer any questions you might have regarding the legal process and your rights.
Frequently Asked Questions
What is a common cause of scaffolding accidents?
According to the Bureau of Labor Statistics (BLS), 72% of scaffolding accidents happen because of a plank giving way, falling objects, and slips, trips, and falls. Accidents commonly happen when contractors and subcontractors don’t set up scaffolding properly.
What is the number-one reason people fall off scaffolding?
People can fall off scaffolding from a lack of fall arrest or protection systems, such as safety harnesses, guardrails, and nets. Poor scaffolding construction and slippery surfaces contribute to many accidents as well.
What is the OSHA rule for scaffolding?
OSHA says that employees working more than ten feet above ground level must have adequate fall protection, such as harnesses, guardrails, and safety nets that can catch workers if they fall. An exception is made for employees working on single- and two-point adjustable suspension scaffolds.
Can you sue your employer if you have a scaffolding accident?
You can’t sue your employer for a scaffolding accident if they offer workers’ compensation. You may be able to sue a third party if they contributed to or caused your scaffolding accident. If you’d like to file a claim against a third party, reach out to a NY scaffolding injury lawyer.
