Scaffolding Accidents at Workplace
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Scaffold accidents are very common in the construction industry. It is estimated that approximately 65% of the work of the construction industry (or 2.3 million workers) is done on scaffolding. When something goes wrong, or someone acts negligently, workers can suffer serious injuries or even die from these accidents. Scaffolding accident lawyers in New York represent victims of construction accident, work accidents, and auto accidents in New York. Do Speak with your NY Workers Compensation Lawyer now.
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A study by the Bureau of Labor Statistics (BLS) estimates that more than 70% of workers injured in scaffolding accidents attribute their accidents to one of the following causes:
- Planks or scaffolding support that expire
- Slips, Trips or Fall
- Being Hit by an Object Falling
These are just some of the most common causes of scaffolding accidents, but these type of accidents can result from various factors. Do call your new york accident lawyer now.
Can I Sue My Employer — Scaffold Accident Law can help?
Scaffolding accidents usually bring severe injuries that cause workers to have high medical expenses to treat their injuries. Also, many workers injured in scaffold accidents need to take a long time without working to recover.
Typically, an injured worker could only seek financial compensation through a claim for payment to the worker.
But, the State of New York is unique because New York legislators passed Section 240 (1) of the Labor Law, commonly known as the “Scaffold Law.” ( Senate Bill S5109A — https://www.nysenate.gov/legislation/bills/2017/s5109)
But, it is essential that you work with qualified attorneys who know the accident laws in construction in new york. Accident attorneys have represented many injured workers over the years from all sides of New York including clients in Manhattan, Queens, the Bronx and elsewhere. We are dedicated to helping our clients obtain the compensation to which they are entitled.
Scaffolding Accidents: Worker’s Compensation After an Accident in New York
When working at high altitudes, the use of scaffolding and other mechanisms is often required. And although scaffolding can be useful, the associated hazards can lead to very serious accidents and injuries.
Dangers of Scaffolding and Ceilings in New York construction worker on a roof
According to the Occupational Safety and Health Administration (OSHA), approximately 4,500 injuries and more than 60 deaths each year are a direct result of scaffolding accidents.
Also, these accidents are particularly common in New York City due to a large number of buildings in development and the size of these.
The Most Common Causes of Ladder/Scaffold Accidents
Many different factors can contribute to an accident on a scaffold, but some factors are known to cause most of these accidents.
A study conducted by the Bureau of Labor Statistics found that more than 70% of workers injured in scaffolding accidents reported that the accident was caused by one of these three causes:
- Being hit by a falling object
- The wooden board or scaffold floor broke
- Falling after slipping or tripping
- Other common causes of scaffolding accidents are:
- Inappropriate construction
- Inadequate maintenance
- Lack of Protection for Falls
- Missing Support Pieces
- Work Injuries and the Consequences
When workers suffer an accident from a high altitude they can suffer serious consequences such as:
- Fractured Bones
- Injury to the neck or spine
- Permanent disability
When a worker is injured, he has high medical expenses and may have financial difficulties due to the loss of income due to the inability to work for a long period.
Fortunately, workers who are injured in a scaffold accident can receive financial assistance through worker compensation.
Compensation to Workers for an Injury
In large part, the New York Workers’ Compensation Law avoids the need for personal injury claims in the event of accidents and work-related injuries.
Almost always, the injured worker claims compensation to the worker regardless of who was at fault or who has acted negligently in the accident.
But, the law of New York has certain special considerations for the labor hazards of the construction industry. In some cases, the contractor, subcontractor or even the property owners may be held liable for damages caused by those hazards.
Also, section §240 of the New York Labor Code — called the Scaffolding Act — specifies the standards that the property owner and contractors must follow to ensure safety and prevent scaffold accidents. If these rules are not followed, they could be held liable for the damages if a worker is injured.
Who Can Be Considered?
Many workplace injuries are arranged through the worker’s compensation process.
Workers can receive compensation that covers their medical expenses and partial salary payments with a claim for workers’ compensation benefits to an insurance company.
But the Labor Law Section §240 of the State of New York specifically states that when it comes to heights and scaffolding, contractors and property owners are responsible for maintaining a safe work environment.
Comparative responsibility is not a factor in these cases. So even if the worker’s actions contributed to the accident, these actions do not dilute the responsibility of the accused.
Injured workers must be able to prove that the employer or contractor in charge of the equipment did not comply with safety standards or acted negligently in ensuring a safe work environment.
Other Legal Options for Accident Victims in a Construction
The option of compensation to the standard worker is also an option for roofing or scaffolding injuries.
Under the worker’s compensation, employees can receive:
- Partial salary payment
- Full medical cost reimbursement
- Rehabilitation treatment of an employee of the insurance company of compensation to the worker.
But, applications for worker’s compensation benefits are often rejected for several reasons even though workers are almost always entitled to that compensation.
If a request is rejected or the benefit is laughably low, workers can appeal these decisions to the New York Workers’ Compensation Board.
To learn more about the appeals process of the rejected worker’s compensation application, click here.
File a Scaffolding Accident lawsuit in New York
In addition to workers’ compensation benefits, workers injured in scaffold accidents and other high altitude accidents can be compensated for pain, suffering, permanent injuries and other damages by filing a claim against a third party.
These cases are similar to personal injury cases, but without taking away the injured worker’s right to also receive a worker’s compensation benefit.
Hire A Lawyer That Is Qualified In Scaffolding Accidents
Workers who are injured in scaffolding accidents often ask us whether or not they should hire a lawyer to receive their compensation. And, although hiring a lawyer is not required by law, it is highly advisable for several reasons.
Requests for workers’ compensation are often rejected in New York. Many of these rejected applications are due to errors made by the injured worker.
An experienced personal injury attorney can help you evaluate all your legal options after an accident and help you maximize your chances of receiving the compensation you are owed. In fact, studies show that doing this process with a lawyer increases the chances of obtaining worker’s compensation benefits.
Contact Workplace Injuries Lawyer Now
For decades, New York city accident attorneys have helped injured workers in New York. Your law firm is committed to representing the rights of injured workers throughout the metropolitan area of New York City including Brooklyn, Bronx, queens, manhattan and long Island.