Brooklyn Scaffolding Accident Attorney
A scaffolding is an elevated, temporary work platform that workers use to raise themselves, materials, and equipment. Approximately 2.3 million construction workers (or 65% of the sector) in the United States use scaffolds.
The United States Bureau of Labor Statistics (BLS) estimates that every year, accidents involving scaffolds cause about 60 fatalities and 4,500 injuries. Roughly 25% of all fatal falls from working surfaces occur from a scaffolding fall. Accidents on scaffolds happen more frequently than you might imagine. Accidents involving scaffolds may result in severe, fatal, or devastating injuries if they are not set up or utilized appropriately.
Speak with a personal injury attorney at Brandon J. Broderick, Attorney at Law right away if you were hurt in a scaffolding accident while at work at a construction site in Brooklyn. Construction companies, contractors, owners, etc. are required to protect their workers. If they don’t follow the law, they should be held responsible. You could be entitled to hold negligent parties liable for medical bills, lost wages, and non-economic damages such as pain and suffering.
Injured construction workers have looked to our team for help for more than a decade. We’re passionate about helping New Yorkers get back on their feet after an accident—and we’re ready to turn your setback into a victory. At Brandon J. Broderick, Attorney at Law, we like to talk to our clients in an open and honest way. We work for you; you do not work for us. This is just one of many reasons why we consistently rank among the top Brooklyn scaffolding accident lawyers. Our attorneys are highly experienced in handling scaffold accidents.
|Our promise to you is that we will put 110% effort into your case and fight for the rights and the compensation you are entitled to. We've assisted individuals just like you in overcoming tough situations like this that were no fault of their own. Give us a call at 877-941-2767.|
- Scaffolding Accidents & The New York Labor Law
- Protecting Your Rights After a Scaffolding Accident in Brooklyn
- I Had a Scaffolding Accident; Can I File a Lawsuit?
- What Types of Compensation Am I Entitled to Receive?
- How Long do I Have to File a Claim for a Scaffolding Related Accident?
- Types of Scaffolding Accidents and Related Injuries
- Discuss Your Brooklyn Scaffolding Accident With Us Today
Scaffolding Accidents & The Brooklyn Labor Law
For workers injured in accidents involving falling objects, falls from scaffolds and ladders, and other gravity-related accidents, New York is the only state in the US with a law that stipulates site owners and contractors are held under absolute liability. The New York Scaffold Law, commonly known as New York Labor Law § 240, governs the use of scaffolds, hoists, ladders, and other safety tools for work involving elevation. Requirements include:
- Measures must be taken on construction sites by owners, contractors, and their agents in order to properly protect workers who work at heights and with gravity-related risks.
- Enforces strict liability on owners and contractors for any damages resulting from scaffold accidents.
- Owners and contractors are required to make sure that scaffolds are stable, remain upright and do not collapse, that they have the appropriate safety features, like guardrails, and that the workers are wearing the proper PPE, such as harnesses and lifelines where necessary.
For scaffolds higher than 20 feet off the ground, New York's Scaffold Law has specific requirements, such as:
- Safety rails at least 34 inches above the floor are required.
- Proper fastening to prevent swaying.
Protecting Your Rights After a Scaffolding Accident in Brooklyn
You should be sure to do the following steps after suffering injuries in a scaffold accident in Brooklyn, New York. They can strengthen the defense of your construction accident case and increase your chances for compensation.
- As soon as you can, inform your employer about the accident and your injuries.
- Document the accident scene with pictures or videos, including any damaged or broken scaffolding, dangerous circumstances on the property, safety equipment, and any obvious injuries you may have sustained.
- Get medical help immediately, so a doctor can identify and record any injuries you suffered in the accident.
- Observe the advice and instructions given to you by your healthcare specialists. Your employer may issue you a return to work order if you put off receiving treatment.
- Keep copies of all documents necessary to support your claims for compensation, including medical records, pay stubs/income statements, and any other related bills and or invoices.
- Consider journaling your recovery process from your injuries, as well as the pain and difficulties that they have caused you.
I Had a Scaffolding Accident; Can I File a Lawsuit?
The show answer is yes. If you were injured on a Brooklyn construction site, and someone other than your employer is liable for your injuries or their negligence contributed to your injuries, you can file a third-party personal injury lawsuit. This could potentially be the owner of the land, a third party contractor, or the manufacturer of a piece of fault equipment.
As specified in Labor Law 240(1), aka the "Scaffold Law," workers may have the right to file a claim against general contractors, site owners, and other companies related to the job site for injuries that involve a fall from heights, being struck by falling objects, and/or other gravity-related accidents. You are entitled to safety precautions and the proper protection by your employer or general contractor that has hired you if you are a subcontractor. If you are not offered adequate protection on construction sites, you may have a case of negligence on your hands and have the right to sue.
Workers' compensation benefits do not cover pain and suffering and other non-economic damages, and usually a portion of your lost wages. This is when an attorney will advise you to file a personal injury claim against another party, other than your employer.
What Types of Compensation Am I Entitled to Receive?
Regardless of who was at fault for the scaffolding accident, you may be entitled to file a workers' compensation claim if you were injured while on the job.
The benefits available from workers’ comp in New York include
- Payment for any appropriate and necessary medical care, as well as any treatments related to your injury
- Temporary disability benefits that partially make up for lost or reduced wages while you're recovering
- Depending on the type and severity of the disability you have experienced, permanent disability benefits may provide financial payments
- Disfigurement awards
- Vocational rehabilitation to retrain you and find you employment that you can perform within the constraints imposed by your long term/permanent disability
How Long do I Have to File a Claim for a Scaffolding Related Accident?
The statute of limitations in New York typically permits you three years from the date of the accident to bring a lawsuit against the party whose negligence caused the accident if you're seeking compensation in a personal injury claim. The statute of limitations may be extended under extremely rare conditions. However, the trial court may reject your case if you wait to bring a lawsuit until the statute of limitations on your claim has passed, which would mean you would lose out on the opportunity to pursue compensation.
You may be qualified to make a workers' compensation claim with your employer if you suffered injuries while using scaffolding at work. Within 30 days of a work-related accident, you must report the injury to your employer, in accordance with New York workers' compensation law. You must make a formal claim with the state within two years of the accident date in order to obtain benefits. If you submit your claim after the deadline, you risk losing your eligibility for workers' compensation benefits.
It is important that you speak with a Brooklyn construction scaffold accident lawyer as soon as possible if you have any questions about when or how to file a claim or if filing a personal injury claim is the right choice.
Types of Scaffolding Accidents and Related Injuries
On Brooklyn construction sites, some of the most frequent reasons for scaffold accidents include:
- Design or manufacturing defects in the materials used in the scaffolding
- Scaffolding that was built poorly or incorrectly
- Inadequate scaffolding maintenance and neglect to replace scaffolding components that are damaged or worn out
- Worn-out or inadequate planking
- Inadequate training in safety
- No fences, harnesses, or catch nets, or any other fall protection or safety equipment
- Disregarding OSHA and other safety regulations
- Requiring workers in the construction industry to work in dangerous weather conditions like wind, snow, or ice
- Failure to secure materials or objects left on scaffolding
Most common scaffolding injuries
Accidents on scaffolds can take many different forms, such as falling objects, collapsed scaffolds, and falls from scaffolds. These mishaps have the potential to cause grave injuries like:
- Broken Bones
- Crush Injuries
- Head and Facial Injuries
- Herniated Discs
- Internal Bleeding
- Internal Organ Damage
- Neck and Back Injuries
- Nerve Damage
- Permanent Scarring
- Spinal Cord Injuries
- Traumatic Brain Injuries
Discuss Your Brooklyn Scaffolding Accident With Us Today
New York's Labor Law and Scaffold Law protect your legal rights as a construction worker who suffers a Brooklyn scaffolding accident. Your injury claim could be jeopardized if you rely only on your workers' compensation benefits, so it’s advised that you consult with a lawyer who specializes in Brooklyn construction accidents.
An individual's physical, mental, and financial well-being can all take a hit in the event of an accident on a construction site. You and your loved ones could be put through unneeded emotional strain as a result of this. Having a trustworthy friend and counsel can be extremely beneficial. That’s where we come in. Client satisfaction, empathy, and success are priorities at Brandon J. Broderick, Attorney at Law. As a result, our firm has earned a reputation as one of the best in Brooklyn and New York State as a whole, in representing victims of scaffolding accidents.
Make the decision and call us today for a free consultation and we can help you decide where you go from here.
|Never attempt an injury claim on your own. We have locations throughout New York. Our Brooklyn construction accident lawyers are mobile and can travel to you. Call 877-740-7603|