Most construction workers and laborers in New York City use scaffolding to do their jobs. About 2.3 million construction workers – about 65% of the construction industry – work on scaffolds. Protecting these workers from scaffold-related accidents may help prevent about 4,500 injuries and more than 60 deaths annually, according to the U.S. Bureau of Labor Statistics. In a recent BLS study, 72% of workers injured in scaffold accidents attributed it to either the planking or support giving way or to the employee slipping or being struck by a falling object.
Keeping Workers Safe
The U.S. Occupational Safety and Health Administration (OSHA) has several standards in place to make sure workers are safe when they work on scaffolds. Contractors and construction companies have a duty and obligation to train workers when it comes to the safe use of scaffolds and give them protective equipment such as fall safety devices so they can do their work safely. When it comes to scaffolding safety, here are five important things to remembers especially when training workers on scaffolding safety.
1. Inspections: In addition to using the right scaffolding for the job, it is important that scaffolding is routinely inspected for maintenance and repairs. Construction sites should have dedicated and qualified people to perform these inspections regularly. Scaffolding should be inspected before each use.
2. Setup: It is also important to make sure that the scaffolding workers use on a site is properly set up. Setup involves several critical steps and they are all important to ensure that there is no damage to the scaffold that may result in a collapse or cave-in. For example, in order to set up a scaffold, it is important to obtain mud sills or base plates to attach the scaffolding to, so it’s more stable. If the scaffold is on ground that is not level that would need to be fixed before the scaffolding is erected.
3. Fall protection: Under OSHA regulations, fall protection is required for those working in higher elevations on scaffolding. Construction companies and contractors are responsible for providing fall protection and ensuring its use. A fall protection system refers to the placement of guardrails to protect workers from falling should the scaffold sway due to high winds or other weather conditions, or if the worker loses his or her footing. Fall arrest systems such as harnesses and other safety devices should be provided to workers when working at heights.
4. Proper safety gear: It is always important for workers to be equipped with proper safety gear when they are working on scaffolding. Examples of such safety gear include helmets, harnesses, goggles, supportive shoes, etc. In addition to having access to this gear, employees should also be trained on how to wear them and use them properly. We often see many workers suffering eye injuries at construction sites which may be prevented with use of safety goggles, etc.
5. Reporting: Problems or accidents involving scaffolding should be promptly reported. If something goes wrong with a scaffold, for example, workers should know where and how to report it so the problematic scaffold can be inspected and repaired right away. If someone is injured in an accident, it is important for the incident to be properly documented. Workers should be comfortable reporting such problems and incidents and know that the lines of communication are open.
New York’s Scaffold Law
Workers in New York are protected under federal and state laws. Therefore, a worker who suffers a fall from a ladder 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 parties, 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 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.
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1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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