Falls from scaffolding can cause severe, life-altering injuries
Construction work is often done many stories above ground, especially in New York City. Proper scaffolding is essential to ensure workers can perform their jobs safely. However, when the scaffolding itself is defective or when it’s used improperly, workers can fall, leading to devastating consequences.
For instance, in one recent case, we represented a construction worker assisting with a building renovation in Manhattan. Our client was instructed to enter a job site by climbing the scaffold cross braces from street level up through the fire escape opening—an extremely hazardous means of entry, since the framing components of the scaffold were not designed for vertical climbing. Our client slipped, fell, and sustained leg injuries. We ultimately recovered $2.2 million on his behalf.
The dangers of improper use of scaffolding
As our client’s case demonstrates, using scaffolding improperly can result in severe injuries. Instructing workers to climb portions of the scaffolding that are not designed for climbing is one such improper use. Other examples include:
- Bad planking: For instance, using the wrong materials, such as a lower grade of lumber than needed to support the load, or failing to properly secure planks to create a stable walking surface.
- Rushed assembly: Overlooking safety steps when assembling scaffolding can be incredibly dangerous.
- Placing scaffolding too close to power lines: When scaffolding is placed too close to a source of electricity, there is a risk of electrocution for workers assembling, working on, or dismantling the scaffolding.
- Leaving tools or materials unattended: Loose debris can create trip hazards for workers at height or fall onto workers below.
- Poor training or supervision of workers: In many circumstances, workers are not properly trained to follow safety protocols on scaffolding, leading to preventable accidents. In some cases, including our client’s case discussed above, the situation is even worse: a supervisor or foreman actively instructs the worker to do something unsafe.
Legal options for workers injured in scaffolding accidents
If you’ve been injured on a job site due to defective or improperly used scaffolding, you have rights under New York law. You may qualify for workers’ compensation benefits, but workers’ comp only pays for some medical expenses and a portion of your lost wages. However, you can also take legal action against a negligent party other than your direct employer, such as a site owner, general contractor, architect, or subcontractor.
New York workers have additional protections in scaffolding-related incidents due to Labor Law 240, which requires property owners and general contractors to protect workers from accidents caused by gravity. Depending on the circumstances, there may be additional legal theories available to you as well. That’s why you need an experienced construction accident attorney who knows how to build winning cases and has a strong track record of results.
If you’ve been hurt in a scaffolding-related accident, the lawyer you choose will make all the difference. Give us a call or contact us online for a free consultation with Keogh Crispi, P.C.
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