Table of Contents
New York Scaffolding Law Lawyer
In New York it may seem as though we don’t have any more room for construction because every square inch of the city is occupied. For this very reason, buildings continue to grow taller in order to keep expanding with the growing population and their demands for businesses and entertainment, etc.
Scaffolding is used by construction workers in order for them to conduct their work on various buildings throughout the city. Unfortunately, while they are necessary for the job, they also pose as an extremely dangerous threat to any worker who may be using the equipment if a scaffold accident were to occur.
In the event the scaffolding collapses, not only can the workers themselves be severely injured or killed, but many more injuries and deaths can occur to those below. These incidents can include injuries such as head and spinal cord injuries, broken bones and possible death.
Due to the severity of these injuries, the state of New York has established laws in order to assist the injured workers and protect them from not receiving the compensation that is justly theirs after a wrongful injury. According to the New York Labor Law § 240, all company owners and general contractors are required to provide their employees with safe environments on all their work sites.
In the event that a work site is unsafe, this law protects the workers to ensure they receive the finances to help them cover the extensive medical costs, lost wages, pain and suffering, and any other expense after the tragic accident.
How Does New York’s Scaffolding Law Affect Safety Requirements For Scaffolding Equipment?
Under the aforementioned New York Labor Law, it states that all scaffolding equipment must follow certain safety regulations in order to provide the employees with a safe work environment.
For example, any scaffolding that is higher than 20 feet from the ground, or if it is going to be suspended from a support that is overhead, requires certain safety rails to be attached at least 34 inches from the floor of the scaffolding.
The only openings on the scaffolding are to be used in order to deliver materials at the construction site. Also, the scaffolding must be securely fastened to its designated area in order to ensure that it will not move or sway from the structure or building itself.
Scaffolding is to be designed to hold at least four times the weight that it will be used for to ensure the safety of the workers and the people below. Sadly, construction injuries often occur as a direct result of a company or property owners not following these very specific safety regulations, and those who are victims of these negligent acts have a right to fight for compensation.
The primary causes of scaffolding accidents are:
- Defective scaffolding equipment
- Poor employee training
- Failure to provide workers with sufficient fall protection equipment
- Improper installation of the scaffolding equipment
How A New York Scaffold Accident Lawyer Can Fight For You!
According to statistics by the United States Department of Labor, there are an average of 60 deaths per year caused by scaffolding-related accidents, and an estimated 4,500 injuries caused. Out of these injuries, 72 percent of them were a result of the scaffolding support or planking giving way, the worker being struck by a falling object or as a result of slipping.
Unfortunately, while these accidents are all too common with the estimated 2.3 million construction workers in America, being a victim doesn’t mean you don’t have the opportunity to fight for justice.
Many of the injuries and deaths on construction sites are a result of the negligent acts on behalf of the construction companies, and other entities, and their failure to follow the government safety regulations. The attorneys at Sakkas, Cahn & Weiss, LLP, want to help you.
As experienced and skilled New York City personal injury attorneys, we want to help you fight for the compensation that is rightfully yours as a result of your construction injury.
No person deserves to suffer a life-changing injury after a work accident; whether it is a broken leg or severe spinal damage, we want to help you pursue the financial compensation that you deserve. After an injury or wrongful death of a loved one, you may be dealing with high medical bills and lost wages, among many other expenses.
What kind of injuries do we recover compensation for?
Whether you’re exploring a personal injury lawsuit or a workers compensation claim, a personal injury lawyer can help you seek compensation for any injury, large or small.
Such injuries include:
- Amputations
- Damaged or broken back
- Broken bones
- Chest injuries
- Cuts and lacerations
- Crush injuries
- Eye injuries
- Head injuries
- Neck and shoulder injuries
- Paralysis
- Damage to the spinal cord
- Head trauma – including traumatic brain injuries
Sadly, we have also helped families of construction workers explore wrongful death cases too. Scaffold structures are often extremely high – therefore, scaffold accidents result in death more often than other construction accident cases.
What does a New York Scaffolding Accident Attorney Do?
Before we explore the specifics of what our law firm will do if you’ve been involved in a scaffolding accident, it’s important that you know one thing:
We don’t shy away from a big fight
Construction companies often have dedicated legal teams – as do the insurance companies that back them up. We regularly face down teams of dedicated attorneys to make sure we fight hard get the compensation injured workers deserve.
What Does A New York Scaffolding Accident Injury Claim Involve?
A typical investigation into scaffolding accidents usually involves the following steps.
Obtaining official reports
Official reports are constantly available and ought to be gathered. They will consist of New York Police Department reports, OSHA investigations (and any prior tickets that may have been issued), Department of Buildings records (including permits and applications), and any prior citations or violations involving the employer or significant contractors.
Putting your records in order
We must have all of your records in order in order to support your claims. This could involve information from doctors and rehabilitation specialists, 911 call reports, hospital admittance notes, and ongoing records.
Additionally, we will gather data from your workers’ compensation file, past workers’ compensation payouts, claims, and medical records. Additionally essential are the five years prior to the accident’s union records, job records, and income tax documents.
Sadly, we will also need to gather a death certificate and an autopsy report when we are representing the family of a construction worker who died in an accident.
If you lack some of the aforementioned knowledge, don’t worry; we know what we’re doing and where to go.
Seeking witnesses
When communicating with witnesses, time is of the importance. As a result, we will obtain witness affidavits as soon as is physically possible.
This indicates that the data gathered is credible. Additionally, it eliminates the chance that their story will alter, they will leave and become untraceable, or they will just decide not to participate for their own reasons.
Collecting photographs
A key piece of information that can eventually influence the decision in your favor is video or photographic evidence. We’ll take pictures of the accident scene as soon as we can, ideally before any repair work is done.
Collect copies of worker contracts
The terms of your employment will almost always be outlined in your worker contract. These crucial records will aid everyone involved in the case in understanding how you were handled, what was expected of you, and other crucial details that support the overall circumstances surrounding your accident.
Collecting insurance policy details
All insurance information pertinent to the site and the job you were doing will be gathered, including any endorsements that the insurance documentation may contain.
Understanding the chain of command
On construction sites, numerous separate contractors frequently collaborate as a team. These people frequently have their own employment contracts and duties.
We’ll work to understand how this team functioned, including who was in charge of the job’s supervision, who was involved with occupational safety and providing each construction worker with a reasonable and adequate level of protection, and who specifically was in charge of the work that resulted in your accident.
Collecting job documents
To safeguard employees, property owners, and anybody else who might come into contact with the building site, a number of policies and documents should be in place.
This often comprises reports from safety inspections, messages about safety, and minutes from safety meetings and training sessions. Additionally, it will contain records of the Department of Buildings inspections, work permits, daily work logs, progress sheets and reports, pictures, equipment logs, and safety equipment records that were used on the job site.
It’s Important That You Sue. Here’s Why:
Scaffolding accidents can feel like a part of life when you’re a construction worker – but they shouldn’t be.
We’ve worked with scaffolding accident victims for many years, so we know a thing or two about the workplace culture in the construction industry. We know that lots of people willingly cut corners – and we know that it can be hard to push back against this kind of corner-cutting.
Some companies don’t provide the proper safety equipment – where others will push workers to turn a blind-eye to New York’s scaffolding law in an effort to get a job done as quickly as possible. Of course, not all New York City construction sites are like this – but if you’ve worked in the industry for a while, you’ll know there are some offenders.
Put simply, these kinds of attitudes put lives at risk – but you can do something about it. If you’ve been involved in a New York scaffolding accident, getting justice is the best way to prevent future accidents.
Negligent companies don’t learn when they have a near-miss – they learn when they’re forced to take account for their negligence. Sadly, this often means they will not take notice until it hits them financially. By bringing a lawsuit against a firm that doesn’t protect workers, you don’t just get the compensation you deserve, you also help to protect your fellow construction workers from scaffolding accident injuries into the future.
Who can we represent?
Scaffold platforms become a working place for hundreds of individuals all doing different jobs. If you step foot on a scaffold platform and you find yourself injured, we’ll can help.
We represent clients in a huge number of construction site roles, including:
- Carpenters
- Laborers
- Sheet metal workers
- Crane operators
- Maintenance workers
- Steeplejacks
- Bricklayers
- Masons
- Tunnel workers
- Drywall specialists
- Painters and decorators
- Electricians and electrical engineers
- Pipefitters
- Utility workers
- Forklift drivers
- Plumbers
- Welders
- Iron workers
- Roofers
- Window washers
- Cleaners
Don’t Talk To Insurance Companies Before You Talk To Us
Following an accident, you’re likely to get calls from the insurance company representing the company at fault for your accident. Politely, but firmly, make it clear to the company that you will be talking to an attorney and further contact will be done through the law firm you choose to represent you.
Quite simply, insurance companies are not on your side – no matter how hard they try to make it look like they are. Their job is to minimize or negate your claim as much as possible. Don’t let an insurer decide what your injury is worth.
Book A Free Consultation
Whatever the case may be, our law firm wants to walk with you every step of the way. You don’t have to be the victim any longer. At our firm, we will take the necessary steps to take you through the legal process and fight on your behalf. We understand how hard this time is, so as we deal with cases aggressively, we will come alongside you with the compensation that you deserve in this painful season.
A Relaxed Meeting At Our Law Office Or Your Home
The way law firm offices are represented in the media often makes people think their free consultation will be a high-pressure meeting. This couldn’t be further from the truth.
It’s our job to make you feel at ease – giving you space to talk to explain what’s happened. We listen first, then talk later. You’ll have all the time you need to explain what happened and the impact your scaffolding injuries have had on your wider life.
We’ll explain – with no legal jargon – exactly how we can help. The attorney/client relationship we’re proud of starts from day one – so you can be confident you’ll have our attention and experience outstanding care and communication.
If you’re a victim of a scaffolding accident, contact a New York City construction lawyer today for a free consultation!
