Managing Partner
Scaffolding accidents on construction sites often result in serious injuries. A common type of scaffolding injury occurs when a worker falls from the structure. Such injuries often leave victims in serious pain, unable to work, and in serious debt. Fortunately, many accidents that occur on construction sites in New York are covered by workers’ compensation. In addition, injured employees may be eligible for further compensation under New York’s scaffold law. In this article, we discuss workers’ compensation for scaffolding fall injuries in New York.
Who Suffers Scaffolding Fall Injuries?
Scaffolding fall accidents are common in the construction industry. In fact, they account for around 25% of all fatal falls every year. And those who survive their falls are often left incapacitated—sometimes permanently. The majority of scaffold fall injuries are incurred by construction workers, electricians, painters, and other individuals required to work at significant heights. Scaffolding fall accident victims routinely suffer serious injuries, including head trauma, fractures, and spinal cord injuries.
New York’s Scaffold Law
Due to the prevalence of construction projects involving scaffolding in the state, New York has special laws that apply to the use of scaffolding. This law holds owners, contractors, and their agents responsible for certain types of scaffolding-related accidents. The law requires certain parties to provide workers with adequate scaffolding, slings, ladders, and other safety gear. In addition, the law requires certain responsible parties to ensure that all equipment is well-maintained and safe to use.
Eligible Cases Under the Scaffold Law
New York’s scaffold law applies to accidents involving an elevation-related hazard, such as a fall from scaffolding. However, this law isn’t solely restricted to accidents involving falls. Rather, construction workers who are struck by objects due to a lack of appropriate safety measures or equipment may also be covered by this law.
Workers’ Compensation and New York’s Scaffold Law
Most accidents involving workers on construction sites are covered by workers’ compensation. In a typical construction site accident case, the injured employee can obtain financial compensation for lost wages and medical bills by filing a workers’ compensation claim. However, this usually means that the injured employee is ineligible to sue for additional damages outside the workers’ compensation process. Cases involving scaffolding falls are different. New York’s scaffold law allows an injured worker to sue a negligent third party in addition to filing a standard workers’ compensation claim. Therefore, if you have been injured in a scaffolding accident in New York, you may be eligible to file a workers’ compensation claim and sue a third party under New York’s scaffold law.
Contact Our Long Island & New York Workers’ Compensation Attorney
If you have suffered a scaffolding fall injury on Long Island or on New York, the distinguished law firm of Dell & Dean, PLLC, is here to help. Our experienced New York workers’ compensation attorneys are highly experienced in providing legal assistance to construction accident victims and their families. Please contact us today to schedule a free initial consultation with a knowledgeable New York workers’ compensation attorney.
