Two workers suffered critical injuries after a scaffolding collapse in the Bronx. The
injured men, aged 29 and 45, were doing interior construction on the scaffold inside of a building in the 900th block of Hunts Point Avenue the afternoon of Oct. 30 when it gave way, plunging them 20 feet to the ground, police said. Emergency medical personnel took the workers to a local hospital.
The workers’ current condition is not known. The city’s Department of Buildings and the Office of Emergency Management are investigating the incident. Our thoughts and prayers are with the injured victims of this construction accident. We wish them a speedy and full recovery.
Why Do Scaffolds Collapse?
A majority of construction workers — more than 75% — work on scaffolds to complete various necessary tasks on a worksite. Scaffolds are used by carpenters, ironworkers, steelworkers, masons, electricians and painters when they work from elevations. Scaffolds are assembled in different ways depending on their purpose and vary when it comes to size and durability. They are essentially temporary structures that are erected by construction companies for specific purposes.
However, when scaffolds are constructed without proper planning and care they put workers, pedestrians and bystanders in harm’s way. Some of the most common causes of scaffolding collapses include scaffolding that is not constructed properly; scaffolding built with substandard parts or materials; overloading scaffolding platforms; not inspecting or maintaining scaffolding properly or often enough; and failing to comply with standards set forth by the Occupational Safety and Health Administration (OSHA) for scaffolding safety.
Unfortunately, scaffolding collapses can potentially cause major or even fatal injuries at worksites including, but not limited to, traumatic brain injuries, spinal cord trauma, crushing injuries, multiple fractures, internal organ damage, etc.
New York’s Scaffold Law
Construction workers in New York are protected under federal and state laws. 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. Under this section of the labor code, workers injured in scaffolding accidents have the ability to bring civil actions against the general contractor and property owner/manager, etc. responsible for the safety of the jobsite.
Therefore, a worker who suffers a fall from a scaffold 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 against a number of at-fault parties, and thus have two sources of compensation.
It is important to remember that the duty of care that the Scaffold Law imposes on building owners, contractors and their agents is “absolute.” This means that they can be held financially responsible for injuries caused by a violation of this law regardless of whether they exercised any direct supervision or control over the work at the time of the injury.
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 and/or medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: https://nypost.com/2021/10/30/two-critically-injured-in-nyc-scaffolding-collapse/