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Scaffolding structures are necessary for many construction projects. These temporary structures allow workers to complete tasks at great heights, however, they can make worksites much more dangerous. Scaffolds that fail or collapse can cause severe injuries to workers, causing injuries or fatalities. If you or a loved one have been injured in a scaffolding accident, whether a worker or pedestrian, contact one of our construction accident attorneys at Pryor Law to learn more about your rights. You may be entitled to significant compensation.

New York State Scaffolding Laws

New York State  Law provides several protections for workers using scaffolding equipment. Section 240 of New York State Labor Laws mandates that parties involved in the construction process, whether they are a contractor or property owner, abide by the following regulations: 

Section 240 (1):

All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.

No liability pursuant to this subdivision for the failure to provide protection to a person so employed shall be imposed on professional engineers as provided for in article one hundred forty-five of the education law, architects as provided for in article one hundred forty-seven of such law or landscape architects as provided for in article one hundred forty-eight of such law who do not direct or control the work for activities other than planning and design. This exception shall not diminish or extinguish any liability of professional engineers or architects or landscape architects arising under the common law or any other provision of law.

Section 240 (2):

Scaffolding or staging more than twenty feet from the ground or floor, swung or suspended from an overhead support or erected with stationary supports, except scaffolding wholly within the interior of a building and covering the entire floor space of any room therein, shall have a safety rail of suitable material properly attached, bolted, braced or otherwise secured, rising at least thirty-four inches above the floor or main portions of such scaffolding or staging and extending along the entire length of the outside and the ends thereof, with only such openings as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.

Section 240 (3):

All scaffolding shall be so constructed as to bear four times the maximum weight required to be dependent therefrom or placed thereon when in use.

Common Scaffolding Injuries

Scaffolding accidents can cause a variety of injuries, ranging from debilitating concussions to minor soft tissue injuries. The most common types of scaffolding injuries include:

• Lacerations and contusions
• Broken bones
• Soft tissue damage
• Spinal cord injuries 
• Head, neck, and back injuries
• Amputated limbs
• Crushing injuries 
• Death

What to do After a Scaffolding Accident

Gather Information: Take photos of the scene (or ask a coworker), identify witnesses, preserve evidence, and note any relevant facts related to your accident. This will help strengthen your construction injury claim in the event of a lawsuit or claim denial.

Seek Medical Attention: If you have suffered from injuries in a construction accident, you must see a doctor to evaluate your injuries. Be sure to retain medical reports, expenses, and other documents relevant to your treatment. Doing so will allow you to monitor your injuries accurately and prove such injuries were sustained from your scaffolding accident. 

Notify Your Employer(s): Report the accident to your employer(s) and OSHA to ensure a proper investigation is made to determine the cause of your construction accident. OSHA investigations can help determine the cause of your accident and whether or not negligence played a role.

Contact a Construction Accident Attorney: Be sure to consult with an experienced personal injury attorney before providing any written or recorded statements. Insurance companies often avoid paying claims and sometimes even shift the blame to the victim to save money. Speaking with a construction attorney at Pryor Law can provide you with crucial advice in navigating your injury claim and help you get the highest compensation possible. 

What Can I Be Compensated For?

There are several different types of “losses” for which victims of scaffolding accidents can be compensated for, depending on the nature and severity of the accident. In most claims, our attorneys at Pryor Law pursue the following monetary damages:

• Pain and suffering (past and future)
• Medical and rehabilitation expenses 
• Permanent or temporary disability
• Enjoyment of life
• Past and future lost wages
• A spousal claim for “loss of consortium” 

What is the Statute of Limitations for a Scaffolding Accident?

Don’t wait to contact an experienced construction attorney, as there is a time limit. The statute of limitations for scaffolding accidents only extends three (3) years from the date of the accident, meaning you must file your lawsuit within three years of sustaining or injuries. Failure to do so could result in a voided lawsuit, meaning you will not be able to receive compensation for your injuries. 

At Pryor Law, we have decades of experience handling construction accident cases, and our results speak for themselves. If you or a loved one have been injured in a New York construction-related accident and believe that someone else may be at fault, contact our experienced construction accident attorneys at (718) 829-0222 or fill out our online form for a free, no-obligation consultation. You may be entitled to significant compensation. We can help you gather the appropriate documents and evidence and conduct a thorough investigation to ensure you get the compensation you deserve, even if it means going to trial. Our office is located in the Bronx, New York, and our experienced personal injury attorneys are ready to fight for you.

Pryor Law

292 City Island Ave., Bronx, NY 10464

Phone: 718-829-0222 | Email: info@pryorlaw.com