New York Scaffold Accident Lawyer
Scaffolds are found on nearly every construction site in New York — and while they are meant to help workers perform their jobs safely above ground, they can be extremely dangerous. According to the U.S. Bureau of Labor Statistics, there are approximately 4,500 injuries and 60 fatalities every year in the construction industry due to scaffold accidents. Critically, many of these occurrences could have been avoided by following New York State safety guidelines and OSHA regulations.
If you have been hurt or lost a loved one in a construction site scaffold accident, you may be entitled to compensation. The New York City construction site accident attorneys at Dearie Law, Firm P.C. are dedicated to fighting for the rights of injured construction workers and helping them obtain the highest verdict or settlement possible for their injuries.
For more about fall-related construction cases, see our Construction Fall Accidents page.
What Is New York’s Scaffold Law?
New York Labor Law § 240 imposes specific legal responsibilities on contractors and property owners to help protect construction workers who are engaged in certain activities on a job site. However, it’s vital to be aware that the law doesn’t only apply to scaffolds or work being carried out on them. While it is referred to as the “Scaffold Law,” this statute also specifically lists slings, hangers, hoists, stays, blocks, pulleys, braces, irons, and ropes.
The Scaffold law imposes absolute liability for certain gravity-related accidents that occur on construction sites. This means that a victim would not need to prove a third party’s negligence to recover their economic and non-economic losses in a personal injury action. They would only need to establish that a labor law violation was the proximate cause of their injuries.
Here are five things to know about New York’s Scaffold Law:
1. The Law Isn’t Limited to Scaffolds
Under New York’s Scaffold Law, owners, contractors, and their agents are required to provide certain types of safety devices for height-related activities. However, the statute doesn’t limit protection to just scaffolds — ladders, hoists, and other devices are included under the scope of the law. The statute also specifically lists slings, hangers, hoists, stays, blocks, pulleys, braces, irons, and ropes.
2. The Scaffold Law Offers Protection from Falling Objects
In order to invoke the protections of the statute, the accident must be one that involved the forces of gravity. Not only does the Scaffold Law offer legal safeguards to construction workers for falls from heights, but it also applies to falling objects. Critically, the falling of an object does not create a labor law violation by itself — the object must have fallen due to the contractor’s failure to provide an adequate elevation device. Liability will not be imposed under the statute for a worker’s carelessness or an accident that didn’t involve a violation of the statute.
3. The Scaffold Law Covers Various Construction Activities
The Scaffold Law applies to seven categories of height-related construction activities. These include erection, demolition, repairing, altering, painting, cleaning, and pointing. However, it’s important to note that the law does not apply to maintenance, manufacturing, or decorative work. In addition, scaffolds are used to help many different workers carry out their jobs. Bricklayers, electricians, window washers, carpenters, and welders are just a few types of workers who are at risk for height-related accidents.
4. You Might Be Entitled to File a Personal Injury Action for a Scaffold Accident
Construction workers who are injured on the job due to a height-related accident might not be limited only to Workers’ Compensation for their recovery. Although workers cannot sue their employers due to New York’s Workers’ Compensation laws, they may be able to bring a personal injury lawsuit against a responsible third party. By filing a personal injury lawsuit, a worker may be entitled to recover their economic damages in addition to their non-economic damages — also referred to as “pain and suffering.
5. Absolute Liability Is Imposed for Failure to Comply with the Scaffold Law
Owners and contractors cannot delegate responsibility for implementing the necessary safeguards to a foreperson or another worker. If a responsible party violates the law, absolute liability is imposed. This means that an owner or contractor can be held liable for failing to provide adequate safety gear, even if they failed to exercise any direct supervision over the work at the time the injury occurred. A plaintiff is not required to prove negligence — only that the violation of the law was the proximate cause of the injuries.
What Construction Activities are Covered Under New York’s Scaffold Law?
New York’s Scaffold Law applies to a wide range of activities on construction sites — and a variety of workers who carry out their tasks from heights. General laborers, window washers, bricklayers, electricians, carpenters, welders, painters, and technicians are just a few types of workers the statute was drafted to protect. Specifically, the Scaffold Law covers gravity-related accidents in connection with the following seven activities on a job site:
- Erection
- Demolition
- Repairing
- Altering
- Painting
- Cleaning
- Pointing
In addition, New York’s Scaffold Law protects workers from objects falling from heights. But it’s essential to understand that a falling object itself is not enough to create a labor law violation — the object must have fallen as a result of a contractor’s failure to provide a proper elevation device. Liability will not be imposed under the law unless there is a statutory violation.
Aggressive Advocacy for Workers Injured in New York Scaffold Accidents
A scaffold is a temporary structure that is constructed to allow workers to perform their tasks at heights. Depending on the needs of a particular construction project, various types of scaffolds may be used. Although these structures should provide workers with a safe means to do their work at substantial elevations, scaffold accidents are unfortunately not uncommon.
There are many causes of scaffold accidents, ranging from poor construction to improper safety training. Other reasons for scaffold accidents can include:
- Platform collapse
- Failure to provide adequate fall protection
- Contact with power lines
- Weight overload
- Lack of safety inspection
- Failure to maintain the scaffold
- Falling objects or debris
- Lack of guardrails
In addition to the federal OSHA regulations, New York has specific laws concerning construction worker safety when it comes to scaffolds. Specifically, Labor Law § 240(1) — also known as New York’s Scaffold Law —imposes liability on a contractor, owner, or another party for failing to provide adequate safety devices to prevent workers from falling or being struck by falling objects. Importantly, the Scaffold Law allows injured workers to recover damages beyond Workers’ Compensation benefits by bringing suit against a third-party who should be held accountable for the accident.
Our lawyers have comprehensive knowledge of the applicable labor laws and extensive experience successfully litigating cases involving scaffold accidents. From the initial investigation of your scaffold accident claim through trial, we develop a tailored strategy to help achieve the best possible results in your case — and secure the maximum compensation you deserve.
Falls are one of the leading causes of fatality in on-the-job accidents. New York Labor Law § 240 — also known as the “Scaffold Law” — offers crucial legal protections to construction workers by requiring owners and contractors to provide adequate safety devices for work conducted at heights. Importantly, the statute imposes absolute liability for certain gravity-related accidents that happen on construction sites. If you’ve been hurt in a Scaffold accident in New York, a NYC construction site injury attorney might be able to help.
While the law is very specific, it’s essential for construction workers to be aware of what is covered and how the law is applied.
Committed Counsel Fighting to Maximize Your Compensation for Your Injuries
Scaffold accidents can occur in many different ways. However, since they often involve falls — sometimes from many stories high — the resulting injuries can be catastrophic. Workers who fall from a scaffold may sustain broken bones, fractures, internal bleeding, concussion, traumatic brain injury, spinal injuries, nerve damage, disfigurement, or permanent disability. Tragically, falls from heights are also one of the leading causes of construction site fatalities.
If you were injured in a scaffold accident, you might be entitled to recover for your economic and non-economic damages by filing a personal injury lawsuit. Although New York Workers’ Compensation Law bars you from suing your employer, there may be other parties on the construction site who may be liable for your injuries, including a contractor, subcontractor, owner, engineer, or architect.
Even if you received Workers’ Compensation benefits, you may be able to recover for your unreimbursed medical expenses, lost wages, future lost earnings, out-of-pocket expenses and pain and suffering if a third-party was negligent. Additionally, the surviving spouse and dependents of a construction worker who passed away due to a scaffold accident may be eligible to receive compensation in a wrongful death action to relieve the financial hardship they may be facing.
At The Dearie Law Firm, P.C., we understand the economic and emotional impact of a scaffold accident and strive to take the burden off your shoulders. Our lawyers will walk with you through every step of the legal process and work diligently to obtain justice.
Contact a Proficient New York Scaffold Accident Lawyer
Scaffold accidents can be complex, and it’s crucial to have an attorney on your side who can safeguard your legal rights and secure the maximum monetary recovery available. The Dearie Law Firm, P.C. has been representing injured workers in New York scaffold accidents for more than 30 years and is committed to achieving a successful outcome in every case.
The Dearie Law Firm, P.C. has offices conveniently located in Manhattan, Brooklyn, and the Bronx, and mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester, Rockland, and Long Island in Nassau County, and Suffolk County. Contact us today for a consultation.
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