How Can a Scaffold Accident Lawyer Help Your Case?
If you or a loved one have been in a scaffolding incident, contact a Bronx scaffold accident lawyer here at Dervishi Law Group, P.C. As New York’s scaffolding accident lawyers, we can help by:
- Investigating your case to determine who is liable for your injuries
- Helping you file a worker’s compensation claim if necessary
- Writing an iron-clad insurance demand and sending it to insurance companies
- Negotiating with insurance companies on your behalf
The aftermath of scaffold accidents is devastating. Liable parties often try to avoid blame, but with one of our Bronx scaffold accident lawyers on your side, you’ll have someone to help you determine liability.
Our team at Dervishi Law Group, P.C., has won millions of dollars in damages for personal injury cases. As an established construction accident law firm, we know New York’s construction laws and regulations and worker’s compensation claims, so we can guide you through the necessary procedures to seek compensation.
Preventing Scaffold Accidents: Types of Scaffolds
Construction safety measures are vital on all work sites. Scaffolding law presents safety measures that sites need to comply with to avoid injuries. When construction sites violate these rules, it leads to injured workers.
Wooden Scaffolds
Lumber in wooden scaffolds should be free of dead knots, splits, or other defects. For every joint, workers should use at least four nails. Regulations also require overhead protection.
Pole Scaffolds
Workers should cross-brace any single pole scaffolds in both directions to provide extra security. Workers and employers should recognize “light trades” vs. “heavy trades” when working with pole scaffolds. Light trades are for lighter materials only, while heavy trades can take on bricklayers and concrete workers.
Steel Scaffolds
Steel scaffolds are the more durable type of scaffold. They must have proper seating and firm footing for all workers. If a worker or employer violated these regulations, your scaffolding accidents lawyer can help you prove it.
How Common Are Scaffolding Accidents?
According to the NY Department of Buildings, New York has the fourth-largest construction industry in the country. Issued building permits have been rising for the last two decades, reaching a peak in 2017 with 168,243. The more construction work there is, the more jobs there are — and the more people are in danger of scaffolding accidents.
According to the Occupation Health and Safety Administration, about 4,500 scaffolding accidents result in injuries every year. If you’ve been in a scaffolding accident, you aren’t alone. Here at Dervishi Law Group, P.C., you aren’t just a number among those 4,500 cases — your claim matters to us, and we’ll aggressively fight for your right to pursue compensation.
What Are Common Causes of Scaffolding Injuries?
To maintain construction safety, workers responsible for scaffolding must ensure it’s installed properly and maintained throughout the construction work. When workers neglect this responsibility, it can lead to injuries.
In fact, from 2007-20014, over half of construction worker fatalities were due to falls — and half of those involved a scaffolding accident, per a report from the NYC Department of Health. Usually, these accidents are due to a lack of training, a failure to secure safety equipment and protective gear, or a lack of fall protection.
Falls and collapsing scaffolds are to blame for many scaffolding accidents. When employers don’t take proper safety measures beforehand to anticipate these accidents, it leads to more injuries and deaths.
Common Scaffolding Injuries
The severity of scaffolding injuries depends on how high the scaffold was, the protective gear the worker wore, and the safety measures taken by the employer.
You can sustain injuries like traumatic brain injuries, concussions, paralysis, spinal cord injuries, and organ damage if you fall due to a scaffolding accident. You may also suffer similar bodily damage if the debris from a collapsing scaffold falls on you or in your vicinity.
Seeking Fair Compensation With a Scaffolding Accident Lawyer in the Bronx
After a scaffolding accident, your safety is the priority. After seeking the proper medical treatment, contact a scaffold accident lawyer in the Bronx immediately. Our team will help you determine what your options are for compensation.
In many scenarios, as a construction worker, you cannot sue your employer directly. Instead, you’ll file a worker’s compensation claim to pursue compensation through your employer’s worker’s compensation insurance. This requires you to prove that your injury is severe and directly related to your job duties.
There are three exceptions to this rule. Three scenarios in which you can file a personal injury suit against your employer:
- Your employer had malicious intent and deliberately caused your injury
- You weren’t actually a worker under contract for the employer
- Your employer did not secure worker’s compensation insurance, as required by New York labor laws
If these scenarios fit your case, we will help you file a personal injury lawsuit.
Scaffold accidents are tragedies. We’ve helped victims of scaffold accidents throughout the Bronx, and our team is ready to help you seek compensation for your losses. Contact Dervishi Law Group, P.C., today at (718) 484-4757 to schedule a free consultation.
We are available 24/7 to discuss scaffold accidents, construction site vehicle accidents, and other construction injuries.
Scaffolding accidents are one of the most common construction site accidents. Scaffolding accidents can lead to severe injuries and even death. According to The Bureau of Labor Statistics’ Census of Fatal Occupational Injuries, 54 fatalities occurred from scaffolds in 2009. All these fatalities can be controlled by compliance with OSHA standards.
- $3,250,000.00: A scaffold worker was struck by a falling scaffold pipe, injuring his neck and back.
- $600,000.00: A plumber fell off a scaffold, injuring his knee and shoulder.
OSHA Policies for Safe Scaffolding Use
- Sound design of scaffolds: A scaffold should be designed in such a way so as to be capable of holding its own weight and four times the maximum intended load to be applied or transmitted to the scaffold and components.
- Selecting the right scaffold for the job: When selecting scaffolds for your job, you need to determine the locations where scaffolds are used and the type of scaffolds needed. Also make sure all scaffolds meet all the government and voluntary requirements.
- Assigning personnel: Assign a competent person for the scaffold selection, erection, use and movement, alteration, maintenance and inspection. Assign only trained and experienced workers to work on scaffolds. Make sure that they are knowledgeable about the type of scaffolding to be used and the use of fall protection equipment.
- Training: All employees should receive proper instruction and training on all the types of scaffolds being used. Training should include installation of fall protection such as guardrails. Competent persons should also be trained regarding the selection of scaffolds, recognition of site conditions and scaffold hazards, protection of exposed personnel and the public, repair and replacement options, etc.
- Fall protection: Guardrails should be installed on all open sides and at the ends of scaffold platforms. Workers on scaffolds should use a fall arrest system as protection against the failure of the scaffold or its components.
- Inspections: Before using a scaffold, inspect the scaffold and it’s components and attach a tag that indicates the date and time of each inspection. You should also inspect all scaffolds before each work shift, after changing weather conditions and after any prolonged interruptions of work.
- Maintenance: Proper maintenance is required for scaffolds. All scaffold repairs should be done under the supervision of a competent person. Only use replacement components from the original manufacturer. Avoid using scaffold components from different manufacturers.
- Guidelines for use: Make sure that the scaffolds and their components are not loaded beyond their rated and maximum capacities. Moving the scaffold should be prohibited while employees are working on it.
We Are Well Educated in the Provisions of the New York Labor Law
At Dervishi Law Group, P.C., we pride ourselves on staying on top of the constantly changing laws in the area of construction accidents.
As experienced New York City Construction Accident Lawyers, we are very familiar with the special provisions of the New York Labor Law that deal with injuries sustained by falls from scaffolds and ladders by construction workers on a work site. We understand the complexities of New York construction laws as well as issues of owner, agent and contractor liability. We pride ourselves on helping scaffold and ladder accident victims throughout the Bronx, Brooklyn, Manhattan, Queens, Westchester County and Rockland County obtain compensation for their injuries and financial loss.
Contact Us at (718) 484-4757 or (917) 496-8342
If you have been injured in a scaffold accident, you should retain a New York City Personal Injury Law Firm with experienced New York scaffold accident attorneys to represent you and help protect your rights. At Dervishi law group, P.C., we have our own investigative team and act quickly to gather and preserve evidence.
Call us at (718) 484-4757 or (917) 496-8342 to schedule a free consultation with one of our experienced scaffolding accident attorneys.
Frequently Asked Questions
Find answers to more common questions about scaffold accidents below.
What Damages Can I Seek With a Personal Injury Claim For a Scaffold Accident?
If you file a personal injury claim for a scaffold accident, you can seek damages reimbursing you for lost wages, medical bills, assistive care, and more.
If I File a Worker’s Compensation Claim For a Scaffold Accident, What Compensation Will I Collect?
If you file a worker’s compensation claim for a scaffold accident, you can collect a weekly benefit equal to 2/3 of your average weekly pay times the percentage of disability based on your doctor’s evaluation. The minimum worker’s compensation amount in New York is $150 per week.
What Third Parties May Be Liable For My Scaffold Accident?
Third parties that may be liable for your scaffold accident include property owners, general contractors, and equipment manufacturers. A Bronx scaffold accident lawyer will help you determine liability for your case.