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Scaffold Safety Laws & Scaffold Injury Lawsuits in NYC
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Scaffolding is a temporary structure made of metal poles and wooden planks that is placed on the side of a building during construction jobs involving the building, take down, cleaning, repair, or maintenance of that building. Often, materials and tools are left on scaffolding, causing falling object and trip hazards. Falls are the number one biggest and most common killer in the construction industry and much of this is in part due to negligence and accidents that occur with scaffolding. If you have been hurt or lost a loved one due to a scaffolding accidents, Proner & Proner can help handle the legal side of things and get you the compensation you deserve while you recover. Contact our offices today to schedule a free consultation for your potential scaffold injury claim.
Scaffolding accidents usually occur due to construction workers not following proper procedures and OSHA regulations when constructing, maintaining, and deconstructing them. When workers don’t follow proper procedures, they often endanger the lives of those around them. The most common causes of scaffolding accidents include:
Most injuries sustained in regards to scaffolding are due to falls or collapsing scaffolding falling and striking a construction worker from below. Falls, especially from such great heights of towering buildings in New York City, are often fatal. When they are not, chances are that a worker will sustain serious injuries with often permanent physical consequences such damaged muscles, brain issues, or paralysis.
A full list of the most common injuries sustained from scaffolding accidents include:
The OHSA has an extensive list of requirements and rules that all contractors, employers, and construction employees MUST follow. As aforementioned, most scaffolding accidents are due to violations of these rules. A full detailed publication on all rules and regulations can be found here.
Highlights of the OSHA scaffolding requirements and regulations in New York:
OSHA’s scaffolding standard defines a competent person as “one who is capable of identifying existing and predictable hazards in the surroundings or working conditions, which are unsanitary, hazardous to employees, and who has authorization to take prompt corrective measures to eliminate them.
New York State has a unique law, known as Labor Law section 240, also known as “the scaffolding law”, that protects construction workers from injuries suffered in scaffold falls. This law is so generous to the fallen construction worker that it allows him to sue for all his pain and suffering, lost wages, and medical expenses, even in case of injured victim negligence. As long as someone else, for example a co-worker, or the boss, was somewhat at fault too, then the fallen construction worker generally gets full compensation from the general contractor, the owner of the worksite, or others.
Falling from scaffolding is an often fatal experience, but if you are lucky enough to survive, there is still a lot of life destroying medical bills and a lifetime of potential pain and suffering to deal with afterwards. Proner & Proner understands how debilitating such injuries can be both physically and financially and can help fight your legal battle and get you the money you need to recover and get back to work. Our attorneys can help guide you through Workers’ Compensation procedures or help you sure when the insurance isn’t enough. Contact us online today for a free initial consultation regarding your scaffolding accident injury claim. We have offices in New York, Bronx, Queens, Brooklyn, and throughout the state of New York. We have also represented clients suffering accidents throughout the United States.
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