Scaffolding Accidents
Scaffolding Accidents
Scaffolds are temporary structures that are incredibly vital for aiding workers in constructing, maintaining, and repairing structures, bridges, and buildings. However, these scaffold structures are also responsible for some of the most devastating and deadly accidents in the construction industry.
At Chaikin LaPenna, PLLC, we understand that as a victim of a New York scaffolding accident, you are going through a lot. We know that you have many questions and concerns about not only your injuries but your future as well. That is why we are here to help you. We are ready to fight for the compensation and benefits you need following this horrific accident and go after the justice you deserve.
According to a Bureau of Labor Statistics study, almost 72% of workers injured in a scaffold accident attributed the incident to either support giving way, slipping, being struck by a falling object, or by planking. However, these dangerous accidents can also occur from:
- A worker falling from the scaffolding
- The scaffolding failing at the attachment points
- Improper scaffolding operating procedures
- Improper scaffolding construction
- Inadequate fall protection or workers not wearing any fall protection
Due to the height of these structures, scaffolding accidents can result in various injuries that range in severity and type. However, some of the most common New York scaffolding accident injuries include:
- Traumatic Brain Injuries
- Head and Neck Injuries
- Spinal Cord Injuries
- Broken or Fractured Bones
- Deep Lacerations
- Internal Organ Injuries
- Lost Limbs
- Soft Tissue Injuries
- Death
- Every scaffold structure needs to be inspected daily by an individual designated by the job superintendent
- No tools can be left on the scaffold overnight
- The scaffold needs to be cleared of any debris consistently
- Scaffold notices indicating how to use these platforms need to be conspicuously displayed and observed
- Excess materials should not be stockpiled on a scaffold
- No changes should be made to the scaffold without approval
- The scaffold working platforms need to be free of snow, ice, oil, and other slippery substances before they can be used
- Scaffolds need to be protected from vehicles that can come into contact with them
- Scaffolding structures that are used on constructions sites need to be put together properly
- Scaffolding structures need to be able to bear four times the maximum weight required
- Workers on these scaffolding structures need to be given the necessary safety equipment
If you have been injured in a scaffolding accident, the primary ways to recover compensation for the harm endured include filing a personal injury claim, a workers’ compensation claim, or a wrongful death claim.
Workers’ Compensation Claims
Generally, if you are a worker who has been hurt on the job, you can be entitled to workers’ compensation benefits. Workers’ compensation insurance allows an employee who is sick or injured from a work-related cause to collect benefits, including payment for medical bills and lost wages, as well as disability benefits and death benefits. However, in exchange for these benefits, the worker waives their right to sue their employer. These workers’ compensation claims can be rather complicated and tedious. That is why it is recommended that you work with an experienced New York personal injury lawyer who can help you understand these rights and go after maximum compensation.
Personal Injury Claims
If you file a workers’ compensation claim for your injuries, you usually cannot sue your employer. However, this does not mean you cannot pursue a lawsuit against a negligent third party. Many times engineers or architects can also be responsible for your scaffolding incident, and you can file a personal injury lawsuit against them. In addition, in New York, general contractors and property owners can be strictly liable for your scaffolding accident injuries.
It is important to note that when a victim files a personal injury claim, they can seek compensation for not only lost wages and medical expenses. But unlike a workers’ compensation claim, they can also go after pain and suffering damages as well as a loss of enjoyment of life damages.
Wrongful Death Claims
If you lost a loved one due to a scaffolding accident, you may be able to recover compensation for lost financial support or funeral expenses from a wrongful death lawsuit or certain death benefits from the deceased’s workers’ compensation insurance policy. Discussing this claim with a knowledgeable personal injury attorney can help you determine precisely what compensation you may be entitled to.
Proven Results
From the moment our firm is retained on a case, we give it our undivided attention while working with the top experts, specialists, and investigators to prepare for victory at trial. This energy, passion and confidence truly sets the firm apart and has earned the reputation as a premier injury law firm in the New York City area.
$2,100,000
Bus Accident
$46,100,000
Car Accident
$3,400,000
Work Injury
$9,800,000
personal injury
$5,700,000
Work Injury
$3,600,000
Bus Accident
$6,200,000
personal injury
$29,000,000
Car Accident
Proven Results
From the moment our firm is retained on a case, we give it our undivided attention while working with the top experts, specialists, and investigators to prepare for victory at trial. This energy, passion and confidence truly sets the firm apart and has earned the reputation as a premier injury law firm in the New York City area.
$2,100,000
Bus Accident
$46,100,000
Car Accident
$3,400,000
Work Injury
$9,800,000
Personal Injury
$5,700,000
Work Injury
$3,600,000
Bus Accident
$6,200,000
Personal Injury
$29,000,000
Car Accident
Awards & Recognitions
