New York City Personal Injury Law Blog
Scaffold Accidents and Personal Injury
Posted on Sep 7, 2017 in Scaffold Accidents
According to the Occupational Safety and Health Administration, an estimated 2.3 million workers in the construction industry work on scaffolds – this is 65% of construction workers.
The 2003 and 2004 Bureau of Labor Statistics data for the private sector revealed that more than 60 deaths and 4,500 injuries occur each year due to scaffold accidents. A recent BLS study shows that close to 72% of workers injured on construction sites attributed the fall or accident to the support or planking giving away, or to the worker being struck by a falling object or slipping.
The scaffolding they use in China is made of bamboo – that is even worse but if you have been hurt in America in a scaffolding accident you deserve compensation. You are in the right place.
Scaffolding Safety Standards
Regulations on scaffold safety by the OSHA are generally considered an authoritative source on how to safely construct, use or maintain scaffolds. Compliance with OSHA standards can control all of these accidents.
Some of the most commonly violated OSHA scaffold safety regulations include:
- A scaffold should be able to support at least 4 times the anticipated necessary weight.
- Loose objects, like loose bricks or barrels, should never support a scaffold.
- At least 12 inches should overlap all planking.
- Planks should extend over their end supports by 6 to 18 inches.
- There should be overhead protection when work is being conducted overhead.
- Materials, tools and debris should never be allowed to collect on a scaffold.
- Lean-to and shore scaffolds are prohibited.
Important Elements of a Scaffolding Accident Lawsuit
To have a successful personal injury lawsuit for a scaffold fall, there are three elements that the worker must prove:
- That the defendant (employer) had a duty to provide for the employee’s safety
- That the defendant breached that duty
- The breach of that duty resulted in injury or harm to the employee
You should bear in mind that not every entity involved in a construction project has a duty to provide for the safety of their workers. Laws are complicated and can vary from one state to another. However, generally speaking, any entity that moves, provides or maintains scaffolding has a duty to exercise reasonable care to ensure the safety of the workers.
If you have been injured in a scaffold accident, it is important that you seek the help of an experienced attorney who knows how to handle cases like yours.
You can file a personal injury lawsuit against the employer and recover compensation for damages like medical costs, lost wages, pain and suffering, etc. Keep in mind that you need to prove that your injuries were caused due to the negligence of your employer which had led to the scaffold accident.
Get Legal Assistance for Scaffolding Accidents
If you or somebody you know of has been seriously injured in a scaffold accident caused by the employer’s negligence, make sure that you immediately consult a reputed personal injury lawyer at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280. We know how to deliver for you! We are not paid unless you are paid!
One of our legal pros will evaluate your case and determine the best course of action to take. You can file a personal injury lawsuit to recover damages and obtain maximum compensation for your injuries, medical costs, etc. Our legal counselors will make sure that your rights are protected and you are treated fairly as per the laws in your state.
RMFW Law knows how to win case. We have won millions of dollars for past clients. You too can be on this fabulous list. We win cases all the time. We know how to play this game and we excel at it. What do you have to say? What is your side of the story? Call RMFW Law now!