The Weinstein Law Group, PLLC has years of experience fighting for accident victims, and we are ready to fight for you. We will work tirelessly to get you the compensation you need to cover your many losses and lead you toward a brighter future.
Common types of scaffolds on construction sites
A quick search of “types of scaffolds on construction sites” shows a large variety. Some are categorized by strength or style, such as “double scaffolding” or “ladder jack scaffolding,” and others by the materials they are made of, such as “steel scaffolding” or “bamboo scaffolding.”
Still, some scaffolds are more commonly seen on New York construction sites than others.
Most workers likely have experience working on or around the following:
These comprise one or more platforms. These platforms are supported by brackets, poles, posts, and frames, including prefabricated frames or rigid support.
Platforms are suspended by more than two ropes connected to overhead supports. The platforms can be raised or lowered to a particular work level. Suspension scaffolds may also be used to conduct inspections or refurbish or maintain high buildings.
Can be powered or unpowered and move on portable casters, tracks, or wheel mounts. Typically, mobile scaffolds are braced on every site and can be built from various components or materials.
What are some common causes of scaffold accidents?
A recent report by the Bureau of Labor Statistics (BLS) shows construction laborers accounted for 27.8% of all work-related slip, trip, or fall accidents among construction- and extraction-job workers. Across all professions, construction laborers accounted for 11.9% of all slip-or-fall accidents and 42.9% of all fatal slip-and-fall accidents. Most of these falls were from higher places, such as scaffolds.
The Occupational Safety and Health Administration (OSHA) reports that most scaffolding accidents occur when:
- Scaffolding planking or support gives way
- A worker slips
- There is a lack of fall protection
- A falling object strikes a worker
According to OSHA, compliance with OSHA standards reduces or altogether avoids scaffolding accidents.
Who can be held liable for a scaffold injury accident?
To collect compensation for damages sustained from a scaffold accident, the first step is identifying the party responsible for that accident. The attorneys at The Weinstein Law Group, PLLC have the resources and experience to thoroughly investigate your accident to determine its cause and identify the negligent party.
Under New York’s Scaffold Law, property owners and general contractors can be held strictly liable for scaffolding accidents if the accident results from a failure to comply with safety standards.
Depending on the circumstances of the accident, other parties may hold liability. For example, a careless or aggressive co-worker, the makers of malfunctioning safety equipment, or other parties may hold culpability.
Calculating damages related to your injuries
Determining the amount of compensation is dependent on the type of suit you pursue. In New York, it is mandatory for employers to have workers’ compensation insurance. An injured person can file a workers’ compensation claim and/or file a personal injury lawsuit.
Damages in a workers’ compensation claim
An injured party has about two years to file a workers’ compensation claim. In this claim, you do not have to prove who is at fault. However, if there is evidence showing that you were partially or wholly at fault, it may complicate the result of your claim. For example, you may not get full compensation for your medical bills or lost wages. If that is the case, we may suggest filing a personal injury lawsuit.
Damges in a personal injury lawsuit
Depending on the facts of your case, filing a personal injury lawsuit within three years of the incident may help you to receive full compensation for your injuries. Filing a personal injury lawsuit will fill in the lack of compensation from a workers’ compensation claim. For example, you can also receive compensation for compensatory damages like medical bills and lost wages, but you can also seek general damages.
General damages include non-financial damages that need to be advocated for to turn into a monetary value, like pain and suffering, mental anguish, ongoing emotional issues related to the incident, and loss of consortium.
Loss of consortium is when a spouse or family member of the injured party suffers because of the harm caused by the negligent party. For example, the injured party may not be able to perform sexual relations, be unable to produce children, lack companionship, or children growing up with an adult with health issues.
OSHA and New York regulations for scaffolds
Workers deserve protection, and OSHA standards are in place to support that protection. Construction site supervisors, managers, property owners, or other responsible parties are accountable for upholding scaffolding standards.
When workers are injured because a responsible party fails to comply with OSHA standards, a scaffold accident lawyer in NYC will fight to hold that party accountable for their negligence and the damages the injured worker sustains.
OSHA scaffolding standards are complex. Still, a skilled construction accident lawyer in New York can navigate those standards efficiently and help workers get the compensation they deserve.
OSHA’s general requirements for scaffolding cover, among many other specifics:
- Requirements for planking supports
- Scaffolds must be free from debris
- Training for employees
- Supports, braces, and ties used in constructing the scaffold
- Requirements for suspension ropes
New York scaffold laws
As previously mentioned, New York has its own scaffold laws in place. To protect workers, property owners and general contractors must ensure scaffolding on their sites and work practices comply with both OSHA and New York regulations. Trust a scaffold injury attorney in NYC to navigate these laws and hold property owners and general contractors to them.
What are some common injuries related to scaffold accidents?
Since scaffolds are elevated, most scaffold-related injuries involve falls. Falls from high places can produce serious damage, and victims often require long recovery times and extensive rehabilitation. Even with those interventions, some injuries are catastrophic, leaving victims permanently disabled. An experienced scaffold accident attorney in NYC will assess all losses associated with scaffolding accident injuries and seek full and fair compensation.
- Traumatic brain injuries (TBI)
- Spinal cord injury (SCIs)
- Broken bones
Why work with The Weinstein Law Group, PLLC
New York State has plenty of lawyers advertising their services, but not all truly care about their clients. The Weinstein Law Group, PLLC is different. We give our clients time to voice their concerns, and we listen and understand.
When you become our client, we work for you. Count on us to return your calls every time. If a concern or question is important to you, it is important to us. Just as we care deeply for clients, we fight hard for them, too, using an approach that works.
The Weinstein Law Group, PLLC creates a “medical timeline” of your injury. The process requires a deep investigation of your accident, comprehensive evidence gathering, and extensive consultations with witnesses and experts who can shed light on what caused your accident, whose negligence led to it, and how your injuries have and may continue to affect your life. As we build your case, we anticipate how insurance companies for the at-fault party will respond and close any loopholes they may try to wiggle through.
Though most construction injury cases settle out of court, your construction accident lawyer in New York will be more than prepared to argue your case before a jury should the at-fault party refuse a fair settlement offer. We know how to present evidence so juries can understand it and see the strength of your case.
How much does it cost to hire a scaffold accident lawyer in NYC?
Regrettably, some scaffold injury victims never get the compensation they need to live and recover and that they deserve because they are intimidated by the costs of legal representation. The Weinstein Law Group, PLLC has good news for injury victims who think they cannot afford an attorney. We take on the costs of our clients’ lawsuits. Clients do not pay us a dime until we secure their settlement, and a percentage of that settlement covers all legal fees.
Work with an NYC scaffold accident lawyer today
If you have sustained injuries from a scaffold accident, you need a scaffold accident lawyer in NYC. When you partner with The Weinstein Law Group, PLLC, you partner with a trusted law firm that knows New York’s laws and has New York grit. We offer free case reviews, so there is no risk in reaching out. Call (212) 741-3800 or send us a message.
We look forward to supporting you and fighting for the highest settlement possible.