Falls from heights are a persistent hazard in construction sites. A fall can occur at any time at a construction site — as laborers are simply walking around or climbing a ladder to perform a task. According to the U.S. Bureau of Labor Statistics (BLS), scaffolding accidents result in more than 60 deaths and 4,500 injuries each year.
Nearly 30% of all workplace deaths from falls involve ladders or scaffolds. When contractors, construction companies and other parties put in place a stringent scaffolding and ladder safety program and implement it correctly, the risk of injuries and fatalities as a result of such construction accidents goes down significantly.
Common Causes of Ladder and Scaffold Accidents
There are a number of reasons workers are injured in falls from ladders and scaffolds:
Ladder falls: Ladder accidents at construction sites commonly occur because of poor ladder maintenance, lack of training and supervision. They can also happen when ladders collapse because they are defective or built with substandard parts. Both fixed ladders and metal ladders can become unstable and dangerous if they are not properly maintained. Metal ladders can rust and deteriorate when exposed to the elements. Broken or deteriorating ladders should be promptly replaced.
Falls from scaffolds: Scaffolds are temporary elevated platforms that are used for supporting workers or materials or both. Scaffolds may vary in type, size, material and function. They may be used in a variety of work settings. Some of the common causes of falls from scaffolds include improper construction, inadequate maintenance, overloading, absence of guardrails, scaffold component failures and absence of proper personal protective equipment.
What Are OSHA’s Rules Related to Scaffolds and Ladders?
The U.S. Occupational Safety and Health Administration (OSHA) has set forth requirements to protect workers from fall hazards. Companies are required to develop and implement comprehensive fall protection programs including safe access to work at heights and provide workers with fall protection equipment such as harnesses, safety nets and guardrails.
Workers must also be provided training on how to use safety equipment in a language they can understand. Fall protection programs must also be evaluated on a regular basis to make sure they are still effective. They must be changed or updated, if necessary.
New York’s Scaffolding Law
Many construction workers in New York City such as ironworkers, steelworkers, carpenters, masons, bricklayers, painters, window washers, and electricians etc. carry out their tasks while on scaffolds, ladders, platforms, etc. New York’s Scaffolding Law (Section 240 of the New York Labor Code) requires contractors, owners and their agents to be responsible for providing necessary equipment such as scaffolds, ladders, hoists, stays, irons, ropes, blocks braces and other devices to keep workers safe from fall-related accidents. Since this law was enacted in the early part of the 20th century, workers injured in scaffolding accidents have had the ability to bring civil actions against the contractor and property owner/managing agent responsible for the safety of the jobsite.
Accidents involving falls from ladders and scaffolds can result in catastrophic injuries or even fatalities. Workers who fall off scaffolds may suffer devastating head injuries, multiple broken bones or even paralysis as a result of spinal cord trauma. Workers may not be able to return to their jobs for an extended period of time. Some workers who suffer these types of injuries may never be able to return to the jobsite or even earn a livelihood.
Compensation for Injured Workers
Workers who have been injured in fall-related accidents may be eligible to receive workers’ compensation benefits, which covers medical expenses and a portion of lost wages. In addition, workers may also be able to file a third-party claim against a negligent (careless) party other than the employer or co-employees for significant monetary damages and have two sources of compensation available for their losses. Examples of third parties include, but are not limited to, general contractors, construction companies, sub-contractors, building owners, managing agents etc. In cases where a worker dies from injuries suffered on the job, surviving family members may seek death benefits through workers’ compensation and/or file a wrongful death claim against a third party who may be held liable for the fatal incident.
If you or a loved one has been injured in a construction accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. For over 50 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job — one of the highest construction case settlements in New York that year.
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