Construction workers frequently use scaffolding to build, repair, or restore buildings and other structures in New York City and throughout New York. Scaffolding helps construction workers reach elevated surfaces that they cannot get to otherwise. Workers can build scaffolding up from the ground or suspend a scaffold from the top of a building.

Unsafe scaffolding can result in workers falling from significant heights and suffering severe injuries or even death as a result.

The person liable for a scaffolding accident varies based on the details of each case. If you or a loved one suffers injuries in a scaffolding collapse accident, a White Plains scaffolding accident lawyer can review your claim to determine who is responsible for your losses.

Overview of Scaffolding Accidents

The Occupational Safety and Health Administration (OSHA) reported that approximately 2.3 million construction workers use scaffolds regularly. Scaffold-related accidents result in roughly 60 fatalities and 4,500 injuries to construction workers each year.

Things that contribute to scaffolding accidents include:

• Defective scaffolding equipment,
• Lack of guardrails,
• Lack of inspection or maintenance,
• Lack of scaffolding fall protection,
• Installing weak planks,
• Failure to provide fall safety devices like harnesses or
• Working in inclement weather.

Our team can conduct a thorough investigation to determine the cause of your accident.

Who Is Liable for a Scaffolding Accident?

 

New York Labor Law requires that a construction site’s owner or general contractor must provide safety equipment for workers to protect them from falls. The law specifies that scaffolds must hold at least four times the maximum weight of the workers and materials placed upon them. It also requires scaffolding higher than 20 feet above the ground or floor to have a minimum 34-inch high safety rail. Openings in the railing must be minimal, only as big as necessary to deliver materials. Finally, the scaffold must be securely fastened to a stationary object to prevent swaying. The law holds general contractors and construction site owners absolutely liable for any scaffolding accidents or other elevation related accidents caused by the absence or failure of safety devices for the worker on the construction site.

This is because the scaffold law recognizes that construction site owners and general contractors are best positioned to provide scaffolding equipment and other fall protection to on-site workers.

Types of Injuries Suffered in Scaffolding Accidents

When workers perform tasks on scaffolding, like installing windows on multi-level buildings or repairing third-story balconies, there is always a risk of an accident. A sudden shift, or even a collapse, can cause workers to fall from a scaffold. Potential injuries when someone falls from scaffolding include:

• Traumatic brain injuries,
• Broken bones,
• Spinal cord injuries,
• Concussions,
• Internal injuries
• Cuts or gashes, and
• Bruises and contusions.

The severity of an injury often depends on the distance they fell from and what they landed on.

What Losses Can I Recover After a Scaffolding Accident?

Scaffolding accident victims can file a lawsuit against the construction site owner and the general contractor to recover economic and noneconomic damages to compensate them for their losses. Economic damages are quantifiable monetary losses you sustain from the accident, including:

• Medical expenses,
• Lost wages,
• Prescription medication costs,
• Loss of future earning capacity, and
• Rehabilitation costs.

A White Plains scaffolding accident lawyer can help calculate the value of your economic losses by engaging experts such as economists and life care planners. These experts will assist us in determining the full amount of the financial impact to you from the date of the injury to the date of trial – this is known as past economic loss. They will also assist us in determining the amount of the future economic loss to you.

These are not the only damages that an injured worker may be entitled to receive. There are also damages known as non-economic damages that cover the physical and emotional impact of a serious injury upon the construction worker. Noneconomic damages are abstract, nonmonetary losses a person suffers after an accident, such as:

• Pain and suffering,
• Loss of consortium,
• Loss of enjoyment of life,
• Emotional distress, and
• Permanent disfigurement.

In rare circumstances, a court may award punitive damages to the plaintiff. These damages aim to punish the at-fault party and deter future wrongdoing. To recover punitive damages, your attorney may need to present evidence of truly egregious conduct on the part of the defendants to a lawsuit showing extreme recklessness or malicious intent.

How Can a New York Scaffold Accident Lawyer Help My Case?

An experienced scaffolding accident attorney can help you gather evidence and interview witnesses to build a strong case and help recover the compensation you deserve. Your attorney can handle the complexities of the legal process while you focus on recovering from your injuries. A scaffolding attorney who has experience navigating the courts and understands how to calculate the value of your losses can give you a critical advantage. The construction companies and their insurers strive to prevent workers from receiving fair compensation for what they have endured. That is why you need us. We at Greenspan & Greenspan Injury Lawyers have a passion for working relentlessly for our clients to stand up to the insurance companies and achieve justice!

Contact Greenspan & Greenspan to Discuss Your Scaffolding Injury Claim

Our team at Greenspan & Greenspan Injury Lawyers has helped clients achieve positive legal outcomes for over fifty years. There has been a Greenspan practicing law in Westchester County since 1959. We pride ourselves on offering high-quality legal representation and accurate legal advice to victims injured in scaffolding accidents. We work with our client’s worker’s compensation lawyers to ensure that the injured construction workers receive the benefits that they are entitled to under New York’s worker’s compensation law.

Contact Greenspan & Greenspan today to schedule an appointment with a scaffold accident attorney to learn how we can help you.