Scaffolding Failure
At Schwartzapfel Lawyers, P.C., our New York attorneys have represented thousands of injured New Yorkers, including workers from almost every trade in construction site accident cases. Our clients have provided many testimonials thanking us for helping to secure their families’ financial futures. We’ve seen the deadly consequences that arise from a failure to provide safe work sites, and we’re here to help when an accident happens to you or your family.
If you or a loved one has been seriously injured in a construction accident, contact us at (800) 411-0520 or fill out our online contact form for a free case evaluation.
Schwartzapfel Lawyers, P.C. has represented many clients injured in scaffolding failures. The Bureau of Labor Statistics estimates that 65 percent of all construction workers, or 2.3 million people, have worked on scaffolding. The use of scaffolding carries the risk of falls and other accidents even when it is done properly. It is even more dangerous when safety precautions are not taken. Unfortunately, accidents are caused by a failure to use a scaffold when needed and instead using a ladder, pail or bucket.
Workers use scaffolding when they need to work on an area above the ground. A scaffold is defined as an elevated, temporary work platform. There are three basic types of scaffolds:
- Single-fold scaffold. A single-fold scaffold consists of a single row of pipes supported against the structure. A single-fold scaffold is used for painting, plastering or repairing the outside wall of a building.
- Independent or birdcage scaffold. This scaffold is made of two or more rows of vertical poles with horizontal pipes as support. You’ll often see this one-level scaffold when workers are performing ceiling work.
- Suspended or swing-stage scaffold. If you’ve ever seen window washers cleaning windows on Manhattan’s skyscrapers, chances are you saw a suspended or swing-stage scaffold in action. This scaffold is suspended from the building. Its height can be increased or decreased as needed.
Common accidents involving scaffolding include:
- Falls from elevation due to lack of fall protection;
- Falls due to no safety lines, netting or fall arrest systems;
- Collapse of the scaffold caused by instability or overloading;
- Collapse of the scaffold caused by faulty assembly;
- Collapse of the scaffold caused by failure to maintain the scaffold in good working condition;
- Being struck by falling tools, work materials, or debris;
- Electrocution, principally due to proximity of the scaffold to high voltage power lines.
OSHA standards require that employers have a qualified person train each employee who works on a scaffold. The trainer should have a degree, certificate or recognized professional standing in scaffolding use, as well as proper training, knowledge and experience. The training this person provides is supposed to acquaint each worker with the dangers of working on a scaffold and the procedures to follow to minimize that danger.
Employers and even workers sometimes downplay the importance of jobsite safety, but it is no small matter to break an arm or leg, and suffer a head injury or back injury because of a jobsite accident. The injuries can put you and you family’s financial future in jeopardy.
If you have been injured in an accident like those described above, chances are there is an OSHA violation involved, and you are entitled to workers’ compensation for your injuries. Unfortunately, workers’ compensation rarely provides enough money for all the damages you sustain due to an accident. Often, the workers’ compensation benefits do not even cover all of your lost earnings.
Almost two-thirds of employees injured on the job do not realize that often they can collect workers’ compensation benefits and also sue persons or parties other than their employer for money damages. Responsible parties for your injuries may include:
- The owner of the building or structure;
- The general or prime contractor;
- The project or construction manager;
- Other contractors and subcontractors;
- Even equipment manufacturers.
The benefit to a third-party lawsuit is that you can collect additional money beyond the limited amounts available under the Workers’ Compensation system. You may be entitled to money for both past and future:
- Pain and suffering;
- Lost wages;
- Lost income;
- Loss of annuity;
- Loss of pension;
- Loss of Social Security income;
- Loss of health care benefits;
- Loss in the value of household services;
- Medical benefits;
- Loss of consortium – spousal or parent-child relationships that have been negatively impacted by the injury.
The construction accident attorneys at Schwartzapfel Lawyers, P.C. have been handling complex construction litigation cases for almost three decades. We not only understand New York State labor laws but lecture attorneys and judges on New York State construction accidents and labor law. We know how to best maximize your financial recovery and get you the money and benefits you deserve.
When you’ve suffered severe injury as a result of a construction accident, it’s important that you have the highly experienced and credentialed New York lawyers at Schwartzapfel Lawyers, P.C. at your side. With more than 150 years of combined experience, our attorneys are well-prepared to handle all your legal needs. Call us at (800) 411-0520 or fill out our online contact form for a free case evaluation. We will fight for you!
