Construction Accidents
New York Scaffolding Accident Lawyer
New York is a city that is constantly evolving and growing. As such, new buildings are being constructed every day. The increase in construction sites around New York, however, has also given rise to construction site accidents, many of which are scaffolding accidents. Accidents may happen to construction workers or to pedestrians/bystanders who were injured through no fault of their own. If you have been injured in an NYC scaffolding accident, then you need to seriously consider hiring a New York scaffolding accident lawyer if you want to receive compensation for your injuries through what may be the only available avenue for redress, a personal injury lawsuit.
- Improper safety equipment
- Improperly maintained scaffolding
- Machine malfunction or other defects
- Lack of guard rails or safety rail
- Holes or openings in scaffold platforms
- Falling objects
Scaffolding Injuries
- Head injuries, including traumatic brain injuries (TBIs) and concussions
- Neck and back injuries
- Spinal cord injuries
- Broken bones
- Neurological injuries
- Wrongful death
How Can I Recover Compensation After an NYC Scaffolding Accident?
A person who is injured in a NYC scaffolding accident may file a personal injury lawsuit to recover compensation. The lawsuit may be filed on any of the negligent parties (i.e. general contractors, property owners, or other negligent parties who failed to protect workers or bystanders.) An injured party may seek financial compensation for the injury, lost wages, medical bills, and any pain and suffering that occurred as a result of the accident. A New York crane accident attorney can help you to receive compensation after a construction accident.
What to Do in the Event of a Scaffolding Injury
Scaffold platform falls at construction sites can have serious consequences in New York City. The steps you take immediately following serious scaffold accidents can have an impact on the compensation amount.
- Seek Medical Attention: Your health and safety should be a top priority. If you or another construction worker has scaffolding accident injuries, call for medical help immediately.
- Report the Incident: If the scaffolding collapse happens at a construction site, inform the site supervisor or employer. This is even if the scaffolding accident case occurred during smaller construction jobs.
- Document the Scene: If possible, take photos or videos of the accident scene, including the scaffolding structures, toe boards, your injury, falling objects, and any other relevant hazards. This evidence can prove to be invaluable if you file a workers’ compensation claim.
- Gather Information: Obtain contact information of any other scaffolding accident victims and the witnesses who saw the incident. Their statements may be beneficial in your case.
- Preserve Evidence: Do not alter or discard any clothing or equipment involved in the steel scaffolding accident. Keep them secure for investigation purposes.
- Report to OSHA: Scaffolding accident cases that occur at a construction site need to be reported to the Occupational Safety and Health Administration (OSHA) within a specific timeframe.
- Consult with an Attorney: It is important that you consult with a personal injury lawyer experienced in scaffolding accidents and New York state laws. They can assess your New York city scaffolding accident case and guide you on the next steps to take.
- Understand Your Rights: Know your rights as a suspended scaffold injured party in New York. Workers’ compensation and third-party liability claims might allow you to recover compensation depending on the circumstances of the accident.
- Notify Your Employer: If you are an employee, notify your employer or the construction company about the injury as soon as possible, even if you think it’s a minor injury. Workers compensation laws dictate it.
- Preserve Medical Records: Keep track of all medical records, bills, and other expenses related to your injury. This is especially true if your injury was because of faulty scaffold structures.
- File a Claim: With the help of your suspended scaffold accident attorney, file a claim against the responsible parties, seeking compensation for medical expenses, lost wages, and pain and suffering.
What Is the New York Scaffolding Law?
The New York City Scaffolding Law is a statute designed to protect construction workers who perform tasks at elevated heights, such as working on scaffolding, ladders, or other types of elevated scaffold platforms. Enacted in 1885, this law imposes strict liability on property owners, contractors, and their agents for construction site accidents that result from a fall or gravity-related injury.
Under the New York Scaffolding Law, employers and property owners are responsible for providing proper safety equipment and ensuring that it is used correctly to protect workers from falls or falling objects. If a construction worker is injured due to inadequate or defective scaffolding or equipment, the owner and/or contractor can be held liable for the worker’s injuries, even if the worker was partially at fault.
NY Scaffolding law implements several provisions to safeguard workers, including:
- Scaffolding positioned 20 feet or higher should have guard rails at least 34 inches high
- The railing should be securely attached to prevent swaying
- The safety railings should enclose the entire length and both ends of the scaffold
- Scaffolding should be capable of supporting four times its maximum weight
Strict liability is imposed on parties responsible for work assignment and management in cases of scaffold accidents and any injuries sustained. An experienced New York’s scaffolding law firm can help you obtain fair compensation.
The law is intended to promote safety on construction sites and ensure that workers have a safer work environment when working at heights. It also emphasizes the responsibility of employers and property owners to prioritize worker safety and provide adequate protections against construction site hazards.
The New York Scaffolding Law is an essential legal protection for construction workers, as it enables injured workers to seek compensation for their injuries and hold responsible parties accountable for safety violations that lead to accidents.
Under Section 240 of the New York Labor Law, owners and contractors bear the responsibility for providing necessary scaffolding, hoists, ladders, and equipment to ensure worker safety. If you or a loved one suffered injury or lost their life due to negligence by the owner, manager, or contractor in a New York scaffolding accident, you may have grounds to pursue compensation through a construction accident lawsuit.
Use NY Scaffold Law to Supplement Workers’ Compensation
While workers’ compensation claims may allow for some recovery of damages related to pain and suffering, these amounts are often limited or minimal. However, the New York Scaffold Law offers a valuable solution by supplementing workers’ compensation claims and enabling injured workers to pursue compensation for both current and future suffering.
This law becomes particularly important for individuals who have experienced injuries due to gravity-related accidents, which can be traumatic and permanent. Filing a claim under the New York Scaffold Law opens up the possibility of seeking additional financial compensation for construction workers from third parties, such as general contractors.
You can sue the responsible entity for your medical bills, lost wages, pain and suffering, and more with assistance from a dedicated New York scaffold accident lawyer. This helps in providing injured workers a greater opportunity to obtain the money they deserve following an accident. You should schedule a free consultation with a New York NY scaffolding accident lawyer to explore the process of filing both a personal injury claim and a workers’ compensation claim to better understand your options and rights.
Limitations to the NY Scaffolding Law
The New York Scaffold Law is intentionally designed with limited scope, and the courts adhere strictly to its interpretation. Due to its provision allowing injured workers to seek greater compensation than regular workers’ compensation cases, the courts must rigorously determine which cases fall under its coverage. Injury victims should speak with qualified New York scaffolding accident lawyers to learn more about protecting their legal rights.
This law exclusively pertains to workers in the construction industry and does not extend to individuals involved in routine maintenance, manufacturing, or decorative work on structures. Therefore, pedestrians, passing car drivers, or others injured while near or passing a construction site cannot benefit from this law. Non-construction industry workers are not covered under New York scaffolding accident laws and would need to pursue a personal injury lawsuit or a wrongful death claim.
Whether you sustained scaffolding injuries because of faulty wheel locks on rolling scaffolds or broken pole scaffolds on tubular scaffolding structure, you may be able to seek compensation under applicable New York labor laws. New York scaffold accident lawyers can help you realize your legal rights.
How Much is my Scaffolding Accident Claim Worth?
Everyone wants to know what amount of compensation for which they may be eligible. The answer is very complicated and depends on an array of varying factors. It is necessary to speak directly with an NYC injury attorney if you want a realistic estimate of how much your claim could be worth. Every single accident case is different and your claim amount will depend on the circumstances of your case and the injuries you suffered.
At Giordano Law Offices Personal Injury & Employment Lawyers, our personal injury lawyers work aggressively to get financial compensation for our clients’ injuries. We do not rest until we help secure the most appropriate financial amount that is needed for our client to move ahead with their life. Speak with one of our top-rated accident lawyers if you have any questions about how much your injury claim could be worth. Check out our case victories here and client reviews here.
How Can A New York Scaffolding Accident Law Firm Help You Case?
The attorneys at Giordano Law Offices Personal Injury & Employment Lawyers can make a huge difference in your construction accident case. If you do not have an attorney and are representing yourself, then you certainly will have a learning curve. It is easy to get lost in the laws and procedural rules. For instance, if you fail to file something on time you could get your whole case dismissed! You don’t have to do it alone. Contact Giordano Law Offices Personal Injury & Employment Lawyers and we will see your case through with the least amount of stress!
Giordano Law Offices Personal Injury & Employment Lawyers Will Fight to get Financial Compensation for your Scaffolding Injuries
Giordano Law Offices Personal Injury & Employment Lawyers is the law firm to choose if you or someone you love has been in an NYC scaffolding accident. It is so important to have an experienced Personal Injury Lawyer NYC if you are pursuing financial compensation for an accident. Our lawyers have vast experience dealing with construction site accidents and injured workers and pedestrians. Our New York Brain Injury Attorneys have the legal knowledge and tools to help you receive money to help recover from your injuries, We represent scaffolding victims suffering from life-altering injuries or wrongful death in the family. We understand scaffold law and know how to navigate the New York court system. Meanwhile, our clients can focus on recovery and healing.
Contact Giordano Law Offices Personal Injury & Employment Lawyers if you have been injured in a scaffolding accident and want to receive everything that you are entitled to. We have helped thousands of NYC accident victims receive compensation, and we can help you too. Contact us today at (646) 217-0749 for a free consultation.
The Giordano Law Firm was founded by Attorney Jack Giordano. Mr. Jack Giordano is the managing partner and principal at the Giordano Law Firm.