Advocates for New York Construction Workers
Approximately 2.3 million construction workers operate on scaffolding. Occupational Safety & Health Administration (OSHA) estimates that basic safety measures could save up to 60 lives and avoid 4,500 injuries every year. Yet, owners, contractors and employers often cut corners and fail to provide scaffolding instead substituting ladders, cans, wooden planks, etc. in its place. Often, they erect the scaffolding as quickly as possible cutting corners and failing to provide safety devices to move forward. Whereas this failure to provide scaffolding or safety devices and rushing the project may increase their profits, their wrong doing and puts you at grave risk.
Schwartzapfel Lawyers P.C. advocates for the rights of construction workers to work on a safe jobsite. For more than 30 years, our team has guided injured workers and their families through the process of recovering money and benefits. We recognize the difficulties you face after a serious scaffolding injury or fall and take decisive, aggressive steps to recover money and benefits for you quickly and effectively. .
OSHA imposes strict criteria for the erection and use of scaffolding to prevent injuries to workers and the public. Poorly constructed and maintained scaffolding presents risk of falls from height, objects falling on people and workers falling or getting hit from poorly assembled or disassembled scaffolding.
When investigating your accident, our attorneys look for such negligence as:
- Materials and design unable to support its intended load, leading to collapse
- Faulty assembly, resulting in scaffolding failure
- Holes in the scaffolding platform that were fall hazards
- Inadequate fall protection, no harness or personal fall arrest system (PFAS)
- Insufficient training of supervisors and workers
- Lack of netting and leashes to catch falling workers or objects
- Placement of scaffolding near electrical wires
- Failing to provide scaffolding and substituting unsafe ladder, planks or make shoddy make-shift scaffolding
New York Scaffolding Law
The New York Scaffolding Law was enacted at the end of the 19th century when the skyscraper construction era began. The law remains on the books today to protect your rights if you are injured or your loved one is killed in a construction-related fall.
Don’t assume because you slipped or fell from a scaffold, ladder or some make-shift scaffold that it is your fault, it’s not. Let us help you.
According to the NY Scaffolding Law (N.Y. LAB. LAW § 240 : NY Code – Section 240), owners, contractors and their agents must ensure that scaffold, hoists and other building construction and repair devices are “constructed, placed and operated as to give proper protection to a person so employed.”
The law imposes absolute liability on contractors and owners that violated the safety regulations, regardless of whether the injured worker also contributed to his or her accident. Don’t assume it’s your fault that you fell. Our investigations have proven it’s rarely, if ever, the workers’ fault. This important law compels contractors and owners to devote the level of care necessary to protect workers’ safety while working at height.
Predictably, construction industry stakeholders regularly try to repeal the NY Scaffolding Law. They want to shift the onus on you, rather than to safely construct scaffolding, provide you with proper training and supply you with crucial safety equipment. Every New York City scaffold accident lawyer at our firm will demand your employer, the contractors, the owners and their agents take responsibility for their failure to protect you from harm on the job.
Recover Money and Benefits After Your Scaffolding Injuries
Schwartzapfel Lawyers P.C. offers you a no-risk, free consultation to evaluate your scaffolding injury claim. Call our Manhattan, Bronx, Jericho, Deer Park or White Plains office at 1-888-575-6410. We take your case on a contingency basis, which means you do not pay us unless we recover money for you.