Scaffolding is a type of apparatus commonly used by construction workers to perform work on elevated areas of a building, bridge, or other structure. While a necessity for the industry, the use of scaffolding carries certain risks, including the risk of a worker falling from a height, being struck by a heavy object falling from the scaffolding, or being caught between equipment and the structure under construction.
New York’s scaffolding laws hold property owners or general contractors responsible when injuries occur due to gravity-related incidents, such as a worker or an object falling from the scaffold. An experienced New York construction accident attorney can provide more information about the claims process and will work hard to protect your rights if you were injured in a scaffolding accident.
What Are the Responsibilities of the Contractor or Property Owner in Regard to Scaffolding?
New York’s scaffolding laws require property owners and general contractors to provide workers with safety equipment to use when working with scaffolding in order to counter the risks they face as a result of gravity. The law states that any scaffolding placed at a high of more than 20 feet must have adequate safety railing that is securely fastened to the scaffold. Scaffolding must be able to bear four times its maximum weight, and all ladders, ropes, and other objects fastened to the scaffold must be in good working order. Additionally, scaffolding cannot be erected less than 10 feet away from electrical lines, and it must be placed on a level surface.
The steps and landings of the scaffold must feature non-slip treads and guardrails. If heavy objects are being hoisted onto the scaffold, there must be safety netting or canopies placed in order to prevent these items from falling on workers and others passing underneath it. Scaffolding must also be designed, erected, and inspected by a qualified person who is trained to evaluate and identify existing gravity-related hazards with the apparatus.
How Do You Know If Your Injury Was Caused by a Scaffolding Violation?
If your injury involved a scaffold and gravity, it is likely a result of a violation of New York’s scaffolding laws. In order to find a general contractor or property owner liable, the following elements must be shown in the claim:
- The at-fault party had a duty to follow the state’s requirements pertaining to the safe use of scaffolding in order to prevent physical harm to workers on the job site.
- This duty was breached by the at-fault party’s failure to ensure that workers would not be injured by falling or having something dropped on them from the scaffold.
- Because of the at-fault party’s negligence, a gravity-related accident occurred in which a worker was injured.
An experienced construction accident lawyer can help you understand if your claim involves a scaffolding violation. They can also speak with you about the workers’ compensation claims process, the personal injury claims process, and the best avenue for obtaining the compensation you need for the expenses and impacts of your injury.
Other Services a Construction Accident Attorney Can Help You With Your Claim
In addition to helping you determine if your claim involves a violation of New York’s scaffolding laws, a construction accident attorney can provide other services to help their clients with claims, including determining the value of the claim based on factors such as the severity of the injury, any permanent loss of earning capacity that will likely result from the injury, and even the level of negligence exhibited by the property owner or general contractor that led to the accident.
A construction accident lawyer also can help you determine if it is time to file a personal injury lawsuit in order to seek compensation from the at-fault party and their insurer through the courts. They can gather the evidence and documentation needed to prove the claim, and can help you to receive your compensation when your case is resolved.
Injured Due to a Violation of New York’s Scaffolding Laws? Contact Dalli & Marino, LLP Today
For more than 25 years, the legal team at Dalli & Marino, LLP has been assisting those injured in New York construction accidents to obtain the compensation they need. We are well versed on workers’ compensation law, New York’s scaffolding laws, and other laws pertaining to the safety precautions that general contractors and property owners are required to take in order to avoid causing injuries to workers. Our team also speaks Spanish.
Let the highly experienced legal team at Dalli & Marino, LLP help you understand your legal options for seeking compensation if you have been injured due to falling from or being struck by an object that has fallen from scaffolding. For your free case evaluation, contact us online or by calling (888) 465-8790.
