A worker was seriously injured in a construction accident after he fell while on a poorly maintained scaffolding at a Midtown building. According to a report on Patch.com, the incident occurred the morning of July 11 when a mason fell while walking down the stairs on a supported scaffold on the 14th floor of 511 Fifth Avenue, fire and Department of Buildings (DOB) officials said.
The Buildings Department violation issued after this construction accident stated the worker’s leg got caught between two steps on the scaffold. The worker was brought to a local hospital with a serious back injury, FDNY officials said. The city issued two summonses to the building owner for missing scaffold guardrails, a loose wood plan and other issues, a DOB spokesperson said. Our thoughts and prayers are with the injured mason. We wish him a speedy and complete recovery.
Dangerous Scaffolding
Some of the most common causes of scaffolding accidents include unsafe scaffold design, lack of overhead protection, poor maintenance of the scaffolding and inadequate stabilization or support. Poor scaffolding manufacturing is also a contributing factor with issues such as defective pulleys and lack of guardrails. When the scaffolding is not properly maintained, wood components may rot or disintegrate. Wireframes of supports may also become damaged or compromised.
Construction companies, contractors and/or building owners have a responsibility to make sure their scaffolding is properly designed, built and maintained. Failing to do so can result in major injuries such as broken bones, head trauma, back and neck injuries, internal organ damage, etc.
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 Law) 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-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. For over 51 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. 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 including, brachial plexus palsy (Erb’s palsy) and cerebral palsy 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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Source: https://patch.com/new-york/midtown-nyc/midtown-construction-worker-falls-bad-scaffolding-officials