NYC Scaffold Accident Lawyer

In the bustling construction environment of New York City, scaffolding accidents are unfortunately common but no less devastating. At the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., we have experience in representing victims of scaffolding accidents, providing experienced legal counsel to those injured due to negligence or safety failures on construction sites.

What Constitutes a Scaffold Accident in NYC?

In New York City, a scaffold accident refers to any incident involving scaffolding that results in injury or damage. These accidents are of particular concern due to the city’s high volume of construction activity, including numerous high-rise projects where scaffolding is an essential tool. Understanding what constitutes a scaffold accident can help recognize potential hazards and enforce safety standards more effectively.

Common Types of Scaffold Accidents

• Falls from Scaffolding: Perhaps the most common type of scaffold accident, falls can occur due to lack of guardrails, improper personal fall arrest systems, or slippery surfaces on the scaffold.
• Collapses: Scaffolding may collapse due to improperly assembled or secured, overloaded, or structural failure of the materials used in the scaffold.
• Struck by Falling Objects: Workers on or near scaffolding can be struck by tools, construction materials, or debris that fall from the scaffold. This can happen if items aren’t properly secured or if materials are handled negligently on or around the scaffold.
• Electrocutions: Scaffolds can become hazardous if erected near overhead power lines or if electrical equipment is used improperly on or around the scaffolding.
• Equipment Malfunction: Faulty pulleys, hoists, or other mechanical devices on scaffolding can lead to accidents if they fail during use.

Legal and Safety Considerations

New York’s Labor Law §240, often referred to as the “Scaffold Law,” provides specific protections for workers injured in gravity-related accidents such as falls from heights or being struck by a falling object. This law places absolute liability on general contractors, property owners, and their agents for failing to provide proper fall protection and safe scaffolding equipment.

The Occupational Safety and Health Administration (OSHA) also sets federal standards for scaffold safety, which include requirements for scaffold construction, strength, access, and use. Compliance with these standards is crucial for preventing accidents.

Implications of Scaffold Accidents

Scaffold accidents can lead to severe injuries, including but not limited to broken bones, head and brain injuries, spinal injuries, and even fatalities. These accidents cause personal suffering and significant financial, legal, and reputational costs for construction companies and contractors.

How a NYC Scaffolding Accident Lawyer

At the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., we understand the significant risks associated with scaffold accidents in New York City’s bustling construction industry. If you or a loved one has been injured in a scaffold accident, our experienced attorneys are prepared to provide comprehensive legal assistance to ensure you receive the justice and compensation you deserve. Here’s how we can help:

Experienced Legal Guidance

Our scaffolding accident attorneys deeply understand New York’s construction laws, including the specifics of the Scaffold Law (Labor Law §240). We provide experienced guidance on how these laws apply to your case, helping you navigate the complex legal landscape.

Thorough Investigation

We conduct detailed investigations to establish the facts of your case. This includes gathering evidence from the accident site, interviewing witnesses, and obtaining construction site records and safety compliance documents. We work diligently to identify all parties responsible for the scaffold accident.

Determining Liability

Our legal team meticulously analyzes the circumstances of the accident to determine liability. We assess whether safety protocols were followed, the adequacy of the scaffold setup, and whether any third-party actions might have contributed to the accident.

Maximizing Compensation

We aggressively pursue all avenues of compensation available to you, including:

• Medical expenses for immediate and long-term care
• Lost wages and loss of future earning capacity
• Pain and suffering
• Punitive damages, where applicable
• Negotiation and Litigation

With a strong track record in both settlement negotiations and courtroom litigation, our construction accident lawyers are equipped to handle your case through whichever path it takes. We aim to negotiate a fair settlement that fully compensates for your losses but are always prepared to take your case to trial if necessary to achieve the best outcome.

Personalized Support

We understand the emotional and physical toll a scaffold accident can take on individuals and their families. Our NYC scaffolding accident lawyers offer compassionate and personalized support throughout the personal injury lawsuit, ensuring that you feel informed and comfortable every step of the way.

Advocating for Safer Construction Practices

Beyond individual cases, our efforts aim to advocate for enhanced safety measures and stricter enforcement of existing laws to prevent future scaffold accidents.

Common Injuries From Scaffold Accidents in NYC

Scaffold accidents in New York City are particularly dangerous due to the height and complexity of many construction projects. When accidents occur, they can result in severe injuries or even fatalities.

Understanding the types of injuries commonly resulting from scaffold accidents can help recognize the risks and the need for stringent safety measures. Here are some of the most common injuries associated with scaffold accidents:

1. Falls from Height

• Traumatic Brain Injuries (TBIs): Falls from scaffolds can cause head injuries ranging from mild concussions to severe brain damage.
• Spinal Cord Injuries: These injuries can result in partial or complete paralysis, significantly impacting a victim’s quality of life.
• Broken Bones: Common injuries include fractures of the arms, legs, ribs, and hips, which can result from the impact of hitting the ground or lower levels of scaffolding.

2. Struck by Falling Objects

• Head Injuries: Workers below scaffolds can suffer head injuries if tools, materials, or scaffold parts fall.
• Lacerations and Bruises: Falling objects can also cause severe cuts or bruising, depending on their size and the height from which they fall.

3. Electrocution

• Burns: Contact with exposed wiring or power lines can lead to electrical burns, which can be surface-level or affect deeper tissues.
• Cardiac Arrest: In severe cases, electrocution can disrupt the heart’s electrical signals, leading to cardiac arrest.

4. Entanglement and Compression

• Crush Injuries: Parts of the body may get crushed by or between scaffolding components during a collapse or mechanical failure.
• Amputations: Severe crush injuries can necessitate the surgical removal of limbs.

5. Slips, Trips, and Falls on Scaffold

• Musculoskeletal Injuries: Slipping or tripping on a scaffold can lead to sprains, strains, and dislocations.
• Back Injuries: These can include slipped discs or other back problems resulting from falls or sudden, awkward movements.

6. Exposure to Toxic Substances

• Respiratory Issues: Inhalation of dust or chemicals, often exacerbated at heights where scaffolding is used, can lead to acute or chronic respiratory conditions.
• Chemical Burns: Contact with hazardous substances can cause burns or other skin injuries.

Who Can Be Held Liable for a Scaffold Accident Injury in NYC?

Determining liability in scaffold accidents in New York City involves thoroughly examining the roles and responsibilities of various parties involved in the construction project. Multiple entities can be held accountable depending on the circumstances that led to the accident. Here’s a breakdown of potential liable parties:

Property Owners

Property owners may be liable if the accident occurred due to conditions they control or should have controlled. Under certain circumstances, their responsibilities increase, especially if they are actively involved in the construction.

General Contractors and Construction Managers

These parties are responsible for overseeing the safety of the construction site, including the proper erection and maintenance of scaffolding. They must ensure that all safety regulations are followed and that the work environment is safe for all workers.

Subcontractors

Subcontractors who directly manage specific aspects of the construction project, including scaffolding work, may be liable if their negligence contributed to the accident. This includes failing to follow safety protocols or not properly training their employees.

Scaffolding Companies

Companies that design, manufacture, or rent scaffolding equipment can be held liable if defects in the scaffolding itself cause an accident. This might include poor design, manufacturing defects, or failure to provide proper instructions for safe assembly and use.

Architects and Engineers

These professionals may be held liable if there are flaws in the planning or oversight of scaffolding that contribute to an accident, particularly if their designs do not comply with safety standards or they fail to supervise the construction phase adequately.

Equipment Manufacturers

If a scaffold accident is due to faulty equipment used on the scaffold, such as hoists, harnesses, or tools, the manufacturers of these products may be liable under product liability laws.

Fellow Workers

Occasionally, actions or negligence by fellow workers can lead to accidents. While workers’ compensation laws might limit the ability to sue a coworker, there are exceptions, particularly if an action was intentionally harmful.

Legal Framework in NYC

In New York, the Scaffold Law (Labor Law Section 240) provides strong protection for workers involved in height-related risks, placing absolute liability on general contractors and property owners for scaffold-related injuries, provided the injury is elevation-related and involves a failure to provide proper protection.

Compensation You May Be Entitled To After a Scaffold Accident Injury

If you have suffered an injury from a scaffold accident in New York City, you may be eligible for various types of compensation. The extent and nature of these compensations depend on the severity of your injuries, the circumstances of the accident, and the applicable laws. Here’s an overview of the potential compensation you might receive:

1. Medical Bills

• Immediate Medical Care: Costs for emergency room visits, hospital stays, surgeries, medications, and any immediate medical treatments.
• Ongoing and Future Medical Costs: These include expenses for long-term care, such as follow-up doctor visits, physical therapy, rehabilitation, and any future surgeries or medical treatments required.

2. Lost Wages

Compensation for wages lost during the period you cannot work due to your injuries.

3. Loss of Earning Capacity

If your injuries prevent you from returning to work or performing the same work as before, you may be compensated for your reduced earning capacity.

4. Pain and Suffering

Compensation for physical pain and emotional distress resulting from the accident. This includes compensation for both current and future pain and suffering.

5. Permanent Disability or Disfigurement

If the scaffold accident results in permanent disability or significant disfigurement, you may receive compensation for these long-term impacts.

6. Wrongful Death

If a scaffold accident results in a fatality, the family of the deceased may be eligible for wrongful death damages, which can cover funeral expenses, loss of consortium, and the future income the deceased would have earned.

7. Punitive Damages

In cases where the negligence was particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar negligent behavior in the future.

8. Workers’ Compensation

Most construction workers are eligible for workers’ compensation benefits, which can provide medical benefits and a portion of wage replacement, regardless of who was at fault for the injury.

Get the Compensation You Deserve After a Scaffold Accident

If you’ve been injured in a scaffold accident in New York City, don’t wait to seek the compensation you deserve. Contact the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. today.

Our experienced NYC scaffold accident lawyers are dedicated to helping you navigate the complexities of your case and securing maximum compensation for your injuries. Schedule your free consultation now and let us advocate for your rights and your recovery.

NYC Scaffolding Accident FAQs

Can I sue if I was injured in a scaffolding accident?

Yes, if you are injured due to someone else’s negligence or a breach of safety regulations, you have the right to sue for damages. This can cover medical bills, lost wages, pain and suffering, and more.

What laws protect construction workers in NYC?

New York’s Labor Law Section 240, also known as the Scaffold Law, provides strong protection for workers injured in elevation-related accidents, holding property owners and general contractors liable for safety breaches.

Do I need a personal injury lawyer for a scaffolding accident claim?

While not mandatory, having a personal injury attorney can significantly enhance your chances of receiving full compensation. Construction accident claims can be complex, involving multiple parties and detailed investigations.

How long do I have to file a claim after a scaffolding accident?

In New York, the statute of limitations for personal injury claims is generally three years from the date of the accident. However, it’s best to act quickly to ensure evidence is preserved and your claim is filed within legal deadlines.

What compensation can I expect from a scaffolding accident claim?

Compensation may include:

• Medical expenses: Coverage for all medical treatment related to the accident.
• Lost wages: Compensation for any time off work due to your injuries.
• Pain and suffering: Compensation for physical pain and emotional distress.
• Punitive damages: In cases of egregious negligence.