As a construction contractor, you may face countless hazards on a day-to-day basis. Scaffolding can be a major concern; between the height, potential improper construction, and worker error, you could find yourself dealing with incredibly serious injuries.
What can you do if you sustain an injury in a scaffolding accident? Who is responsible, and how can you pursue compensation? Partner with a construction accident attorney from Dervishi Law Group, P.C., and discover more about your options.
How Common Are Scaffolding Accidents?
Construction is a dangerous industry. According to the U.S. Bureau of Labor Statistics, construction accidents accounted for almost one in five workplace deaths in 2021 — and the number of injuries continues to grow. According to NYC.gov, construction worker injuries rose by 9.7% between 2021 and 2022.
The injury rate is due to the number of daily hazards construction workers face. Contractors constantly operate heavy equipment and may need to work at high elevations, which can lead to slip-and-fall injuries, electrocution, crushing injuries, and more.
Scaffolding, in particular, is common on many construction sites. OSHA notes that scaffolding accidents account for approximately 4,500 injuries and 50 deaths a year. Many of these accidents may be due to:
- Inclement weather, such as high winds or heavy rain
- Improper training
- Improperly constructed scaffolding
- Equipment left where contractors can trip over it
Should someone experience a scaffolding accident, they may face broken bones, traumatic brain injuries, puncture wounds, and other problems. In the worst-case scenario, someone could pass away as a result of an accident.
Requirements for Scaffolding on Construction Sites
Because of the dangers scaffolding poses, both OSHA and the NY state government have implemented certain regulations.
OSHA Requirements
The Occupational Safety and Health Administration (OSHA) states that, among other requirements:
- Every employee should have proper training before they’re allowed to go onto scaffolding
- All scaffolding should support at least four times its weight
- Workers must have the proper equipment to protect them, such as hard hats and fall arrest equipment
- Planking shouldn’t have more than a 12-inch overlap
- Scaffolding should be at least 18 inches wide
- Proper guardrails should be in place for a worker’s protection
- Qualified individuals must inspect the scaffolding to ensure its safety
NY Scaffolding Law
In addition to OSHA’s requirements, New York has its own regulations. New York Labor Law 240, also known as the Scaffolding Law, holds property owners and employers accountable for ensuring that scaffolding is safe. If the responsible parties don’t follow the required safety standards, they’re liable for any accidents that occur.
Liable Parties for Scaffolding Accidents
Depending on the circumstances, several parties may be held liable for scaffolding accidents.
Property Owners
According to the Scaffolding Law, if a property owner is in charge of a construction project, they’re also responsible for ensuring that any scaffolding is safe. Therefore, they’re also responsible for any accidents due to improperly constructed scaffolding. (That said, the Scaffolding Law does provide an exception for individuals who own one-family or two-family homes.)
Employers
Employers are responsible for training employees in safety procedures, inspecting the scaffolding, and ensuring someone sets up the scaffolding property. If they fail in any of these duties, they may be considered responsible for the accident.
Contractors
Sometimes, contractors act carelessly. Perhaps they left tools on the scaffolding, and someone tripped over them. Or maybe they dropped something, and it hit someone below. In such cases, the law may hold them liable for your accident.
Manufacturers
Not every accident occurs because of someone on the construction site. Sometimes, the manufacturer didn’t make the scaffolding correctly, which may lead to scaffolding instability and an eventual collapse. This would make the manufacturer responsible for any accidents that occur.
How Do You Determine Liability?
If you sustained an injury in a scaffolding accident, you likely want to file a construction accident claim to pursue compensation for medical bills, lost wages, and more. To do so, however, injured construction workers must first determine the responsible party.
Consider how the accident occurred. Was it because of a problem with the product? Did your employer not provide you with the right training? Was a coworker acting carelessly? If you need assistance determining fault, reach out to a construction accident attorney; construction accident attorneys can help you determine who was at fault and how to proceed.
How To Pursue Compensation
Once you’ve identified the responsible party, you may have one of several ways to pursue compensation. We go through these in detail below.
Workers’ Compensation
Under many circumstances, contractors can claim workers’ compensation. Workers’ compensation aims to provide injured employees with financial assistance should they sustain injury in an accident. This often includes covering medical bills and paying for a portion of the contractor’s lost wages.
Workers’ compensation also often protects employers from legal action; so long as an employee claims workers’ comp, they can’t file a lawsuit. However, the Scaffolding Law offers an exception for contractors injured in scaffolding accidents. Because whoever’s in charge of the project is held strictly liable for the scaffolding’s safety, you may be able to file a claim against them. Take the time to speak to a lawyer from a construction accident law firm, as they can determine whether you have a strong case.
Personal Injury Claims
If you’re seeking compensation for a construction accident injury, you’ll likely file a personal injury claim. These claims aim to assist individuals injured due to another’s negligence.
For example, say a contractor wasn’t paying attention while working. This lapse in attention led to them knocking a stray piece of equipment off the scaffolding, which hit you and led to your injury. In this case, you’d file a personal injury claim against the other contractor.
Take the time to speak to a Bronx construction accident lawyer about your case. They can help you identify the negligent party, gather evidence, and provide you with advice on how to proceed with your case.
Defective Product Claims
Perhaps everyone on the construction site did their due diligence. The property owner made sure to follow all safety procedures, every contractor received the proper training, and each individual worked with care — but this didn’t prevent something from going wrong.
Maybe the scaffolding collapsed entirely, leading to serious injuries or death. Or, perhaps the guardrail didn’t hold, and someone fell. Problems like these are likely due to the equipment, not someone on the worksite. This means you would likely file a defective product claim to pursue compensation from the manufacturer.
Your attorney can take the time to examine your case to determine whether a defective product claim is feasible. From there, they can collect evidence, build your case, and guide you through the filing process.
Work With Qualified Construction Accident Attorneys To Pursue Compensation
A scaffolding accident can cause serious injuries. You may find yourself facing high medical bills, lost wages, and emotional distress, among other problems.
Thankfully, there are ways to seek compensation after a construction accident injury. Your employer, the property owner, other contractors, or even the scaffolding manufacturer may be liable for your accident — and with help from a qualified attorney, you can pursue justice.
At Dervishi Law Group, P.C., we have extensive experience with construction accident cases. We can explain common causes of construction accidents, provide you with support, and fight aggressively on your behalf. If you’d like to speak to a construction accident attorney, call (718) 484-4757 or text (917) 496-8342. Request a free case evaluation today to answer all your questions and determine the best course of action.
