Workers in New York and others parts of the nation routinely use scaffolds for
various types of construction activity. Unfortunately, accidents involving scaffolds — whether it’s a scaffolding collapse or a construction worker falling off a scaffold — tend to occur due to companies’ and contractors’ failure to follow safety protocols. The Occupational Safety and Health Administration (OSHA) states that failure to adhere to scaffolding safety requirements is one of the most common safety violations in the United States.
In order to understand the dangers of working on scaffolding, it is important to take a look at some of the most common risks, safety violations and injuries linked to scaffolding accidents.
Types of Accidents Involving Scaffolding
Working on scaffolding presents various dangers. As identified by OSHA, four of the biggest risks that workers face when it comes to scaffolding are:
Falling from heights: Falls from elevation are one of the leading causes of scaffolding accidents at construction sites. Such incidents may occur when workers have inadequate fall protection. Workers operating on scaffolds such as ironworkers, steelworkers, bricklayers, masons, window washers, painters, carpenters, electricians, etc. should be equipped with fall safety gear such as harnesses, safety nets and guardrails.
Scaffolding collapses: When scaffolds are improperly constructed or maintained or built with cheap or substandard parts, there is the danger of a scaffolding collapse. Following the safety regulations set forth by OSHA is crucial to prevent these types of scaffolding accidents.
Struck-by accidents: Laborers who work on scaffolds are also at risk of being hit by objects that fall from above. This includes building materials, tools dropped by other workers or flying or falling debris.
Electrocution or electrical accidents: When workers come into contact with overhead power lines, they can suffer electrocution or electrical injuries that prove fatal. It is important for construction site supervisors to ensure that the scaffolding is safe before work begins.
What Are Some Common Scaffolding Safety Violations?
Common scaffolding safety violations that lead to serious injuries or disabilities for construction workers include:
Lack of fall safety protection: Safety harnesses, guardrails and even safety nets are forms of fall protection that are necessary to safeguard workers on scaffolding. However, a number of companies fail to provide these forms of protection to their workers. When workers don’t have the safety equipment they need, the danger of being involved in scaffolding accidents increases.
Inadequate training and supervision: When workers are not properly trained or supervised, scaffolding failures become more common. Failure to inspect scaffolding and make sure it is properly constructed is a common cause of scaffolding collapses.
Overloading scaffolds: Similar to other pieces of equipment such as aerial lifts and ladders, scaffolds have weight limits. When a construction company or contractor allows workers to exceed these weight limits, a scaffolding collapse may occur.
Rights of Workers
There are local, state and federal laws that protect workers who have been injured in falls at construction sites. Section 240 of the New York Labor Law is commonly known as the “Scaffolding Law.” This statute governs the use of scaffolding in work sites and provides several specific categories of construction work to which it applies, including erection, demolition, repairs, altering or remodeling, painting, cleaning and pointing. OSHA requires that fall protection be provided at elevations of 4 feet in general industry workplaces, 5 feet in shipyards, 6 feet in the construction industry and 8 feet in long shoring operations.
Workers injured in falls may bring civil actions against the general construction company, contractor and property owner/manager, etc. responsible for the safety of the jobsite. Construction accident injuries can be debilitating and sometimes, even catastrophic or fatal. A construction accident victim can seek workers’ compensation benefits from his or her employer. In addition, workers and their families may be able to file a third-party lawsuit for substantial money damages and thus have two sources of compensation.
Third-party claims are filed against parties other than the employer or co-employees and may include general contractors, sub-contractors, building owners, managing agents, construction companies, 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.
Contacting an Experienced Lawyer
If you have suffered injuries in a construction-related 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, and also fight hard to recover just compensation for you.
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. Our law firm also recovered $3,000,000 for a man who fell and suffered two broken legs when he walked into an open elevator shaft. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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