According to the Occupational Safety & Health Administration (OSHA), “an estimated 2.3 million construction workers, or 65 percent of the construction industry, work on scaffolds.” Many of New York City’s construction workers rely on scaffolds, temporary structures made of metal poles and wooden planks, to access elevated portions of a building’s exterior.
Dangers Of The Business
For obvious reasons, these workers must put themselves in precarious positions, perched high above the ground on scaffolding. And while OSHA has bound construction companies and independent contractors to numerous scaffolding safety procedures, accidents happen. Many scaffolding accidents end tragically with a construction worker losing their life, as one man did in Manhattan. No one should be left to deal with such a tragedy by themselves.
New York City Scaffolding Accident Lawyers
After a work-place injury, most of New York City’s construction workers turn to the Workers Compensation System for assistance in covering medical expenses and lost wages. But the system can fail; some insurers refuse injured workers out-right, or aggressively argue to limit compensation.
For decades, construction workers have turned to the experienced construction accident lawyers at Banville Law for help. We fully understand the burdens that a work-place injury can place on accident victims and their loved ones. Our personal injury attorneys employ a time-tested combination of compassionate counsel and tireless advocacy to secure maximum compensation. Whether that means holding New York State’s Workers Compensation Bureau to their end of the bargain or pursuing negligent parties in court, our scaffolding construction accident attorneys have only one goal: ensuring your healthy recovery.
Scaffolding Construction Accidents In NYC
The US Department of Labor reports that around 5,000 construction workers are injured and 60 die in scaffolding-related accidents annually. The Bureau of Labor Statistics has found that nearly 72 percent of workers injured in scaffolding accidents attributed their injuries to one of the three following causes:
- Scaffolding support planks gave way beneath them
- Slip and fall on scaffold
- Struck by falling objects
But construction companies continue to cut corners. And to put money in their pockets, they put construction workers in danger.
What Is Strict Liability?
Our attorneys have routinely applied Section 240 and 241 of the New York Labor Laws which deal with accidents on construction sites that involve scaffolding and other certain equipment. This law is specific to injuries in this area and applies a strict liability test which is a protection of the worker and enables our attorneys to bring successful claims against the contractor, scaffold manufacturer, premises owner, and several other parties. Strict Liability shifts the burden of proof to the defendants, as we do not have to prove negligence. Our clients will typically recover under this favorable statute except where the cause of the accident was solely our client. However, this is usually never the case.
Specifically the law covers the scenario when contractors and their agents are erecting, repairing, painting, cleaning, demolishing a structure using:
The “Scaffold Law” is to protect vulnerable workers from the negligence of others that leads to a fall from a height while using scaffolding or one of the aides listed above.
The scaffold law attorneys at Banville Law regularly apply this law in construction cases. Contact us today and we will analyze your facts based on the “Scaffold Law” and assess the viability of your case.
Third Party Liability
After a construction accident, the obstacles to recovery are numerous. Physical injury is only the beginning. But New York State’s Workers Comp System prohibits injured workers from pursuing compensation for emotional and psychological damages from their employers. This regulation is particularly strict in the construction industry.
If the negligence of a third party, like an independent contractor or engineer, led to your scaffolding accident, you may be able to file a personal injury lawsuit against them. But with so many companies and employees working on each construction site, determining negligence can become difficult. At Banville Law, that’s all we do.
Contact An Attorney
Were you injured in a New York City construction site scaffolding accident? You may be entitled to compensation. Contact the construction accident attorneys at Banville Law today for a free consultation. Our personal injury lawyers always work on a contingency-fee basis, which means that you owe us nothing unless we secure compensation in your case.