Scaffolding is a crucial component of construction, allowing workers to complete their tasks at elevated heights. But when these devices are overloaded, not properly constructed, or fall protection equipment is not provided, serious accidents can arise causing catastrophic injury. Although an injured construction worker cannot sue their employer for a scaffolding accident due to New York’s Workers’ Compensation laws, they may still be entitled to file a personal injury lawsuit against a negligent third party. Notably, the Scaffold Law imposes absolute liability on property owners and contractors for height-related injuries that arise due to a violation of the statute.
Causes of Scaffolding Accidents
A scaffold is a temporary work platform that may be supported by a frame or suspended by ropes or overhead support. Many workers on construction sites use scaffolds, including bricklayers, painters, window washers, steel erectors, carpenters, and others. But while an estimated 65% of construction workers use these devices regularly, they aren’t always safe. In fact, falls from elevated surfaces account for a significant amount of construction-related injuries — and are among OSHA’s “Fatal Four.”
Some common causes of scaffolding accidents on construction sites can include the following:
- Safety code violations
- Failure to properly support or stabilize the scaffold
- Defective pulleys
- Malfunctioning brakes
- Negligent manufacturing
- Lack of guardrails
- Failure to provide fall protection
- Exceeding the weight of capacity
- Unsafe design
- Electrocution
- Improper maintenance
- Failure to inspect
Many scaffolding accidents can be prevented by following proper safety procedures and protocol. Workers must be provided with adequate safety gear and trained in the use of scaffolds. The devices must also be well maintained and inspections should be performed regularly to detect any defects in the scaffolding structure.
Who’s Responsible for Scaffolding Accidents?
Under New York’s Scaffold Law, Labor Law § 240, property owners and contractors are required to provide construction workers with adequate safety gear to prevent injuries in connection with height-related accidents. The statute specifically requires devices such as scaffolding, hoists, ladders, slings, hangers, pulleys, stays, braces, and other necessary equipment to ensure workers are able to safely carry out their tasks at heights. If a property owner or contractor fails to provide such safety devices, they may be held absolutely liable for any injuries that occur as a result. In such cases, negligence does not need to be shown in order for a worker to recover their damages in a lawsuit — it must only be demonstrated that a violation of the statute occurred.
Depending on the facts and circumstances of the accident, there might also be other parties who may be held liable for a scaffolding accident on a construction site. For instance, if the accident was caused by defective machinery or equipment, the manufacturer or distributor may be held liable. Other potentially liable parties on a construction site can include subcontractors, architects, engineers, and third-party vendors.
Compensation for Scaffolding Accidents
Scaffolding accidents on construction sites can cause a wide range of severe injuries and result in the need for extensive medical treatment. Depending on the injuries sustained, a worker might need to take a substantial amount of time off while they recover — and in some cases, they may be unable to work again at all. Although Workers’ Compensation provides medical benefits and a certain amount of lost wages, it is rarely enough to compensate a construction worker for the full extent of the damages they suffered in a scaffold accident.
By filing a personal injury lawsuit against a responsible third-party for scaffold accident-related injuries, an injured worker may be entitled to receive compensation for the following:
- Unreimbursed medical expenses
- Future medical expenses
- Lost wages
- Future lost earnings
- Out-of-pocket costs
- Pain and suffering
- Loss of enjoyment of life
- Disability
- Disfigurement
In cases where the wrongdoer’s actions were particularly egregious, punitive damages may also be recovered. This category of damages is meant to punish the defendant and deter others from engaging in similar conduct.
Contact an Experienced New York Personal Injury Attorney
If you’re a construction worker who was hurt in a scaffolding accident, it’s essential to have a personal injury attorney by your side who can work to obtain the maximum monetary recovery you deserve. Due to our knowledge and skill, The Edelsteins, Faegenburg & Brown, LLP regularly obtains substantial settlements and jury verdicts for injured construction workers. Located in Manhattan, our firm has been handling personal injury lawsuits throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.