Who Is Responsible for Scaffolding Falls?
Scaffolding is essential for construction projects, but also one of the most dangerous aspects of a job site. When scaffolding falls or causes an injury, determining liability is often complex. At Cohen & Cohen Personal Injury Lawyers, P.C., our Forest Hills personal injury attorneys specialize in helping victims of scaffolding accidents in Queens, New York. If you or someone you know has been injured due to a scaffolding failure, it’s crucial to understand who is responsible and how the law protects your rights.
The responsibility for scaffolding accidents typically falls on multiple parties, depending on the circumstances. These include:
Property Owners
Property owners may be held liable if they fail to provide a safe environment for workers. Under New York’s Scaffold Law (Labor Law §240), property owners are strictly liable for injuries caused by falls from scaffolding. Even if the property owner is not directly involved in the construction process, they are responsible for ensuring the scaffolding is safe.
General Contractors and Construction Managers
General contractors and construction managers are responsible for the overall safety of the construction site. This includes ensuring scaffolding is erected correctly, maintained, and used safely. If scaffolding is unstable, poorly constructed, or improperly maintained, the general contractor may be held accountable.
Subcontractors
Subcontractors, especially those responsible for building or setting up scaffolding, can be held liable if their work directly causes the scaffolding to fail. They must also follow safety protocols and ensure all safety measures are in place, such as securing scaffolds and providing proper safety gear.
Scaffolding Manufacturers
If defective parts or faulty design lead to scaffolding failure, the manufacturer of the scaffolding or its components can be held responsible. Manufacturers are obligated to ensure their products meet safety standards and are fit for the intended purpose.
Other Third Parties
In some cases, other parties – such as engineers or maintenance crews – could be partially responsible if their actions or negligence contributed to the scaffolding fall. For example, a maintenance worker might unknowingly compromise the scaffold’s stability by failing to repair it properly.
Who Is Responsible for Repairing Damaged Scaffolding?
Repairs to damaged scaffolding are typically the responsibility of the party that owns, operates, or has control over the construction site. This could be the property owner, general contractor, or subcontractor. If scaffolding is damaged or needs maintenance, the responsible party must ensure it is repaired promptly to avoid further risk to workers. Failure to repair damaged scaffolding could lead to liability in the event of an accident.
Can I Get Compensation for a Scaffolding Accident?
Yes. New York’s Scaffold Law holds property owners and contractors strictly liable for scaffolding-related accidents. This means that even if the owner or contractor was not negligent, they can still be held responsible for injuries. If you are injured in a scaffolding fall, you may be entitled to significant compensation:
- Medical expenses: Costs for immediate and future medical treatment
- Lost wages: Compensation for the income lost due to the injury
- Pain and suffering: Non-economic damages for physical pain, emotional distress, and reduced quality of life
- Permanent disability: If the injury causes long-term disability, compensation may include future care needs.
Additionally, workers may be able to file a personal injury lawsuit against third parties, such as subcontractors or manufacturers, who contributed to the accident.
What Causes Scaffolding Accidents, and Why Are NY Scaffolding Accidents So Common?
Scaffolding accidents are unfortunately all too common in New York construction sites, largely due to violations of safety standards. Often, contractors and property owners prioritize profits over worker safety, failing to provide the necessary safety equipment or ensure that scaffolding is properly constructed. Common violations:
- Using substandard materials
- Failing to secure scaffolding
- Not providing workers with safety harnesses or proper training
These violations increase the risk of falls and other injuries. In some cases, lack of supervision or insufficient worker training on proper scaffolding safety can lead to disastrous accidents.
What to Do After a Scaffolding Fall
If you or someone you know has fallen from scaffolding, take immediate action:
- Seek medical attention: Even if the injury seems minor, get checked by a healthcare professional.
- Document the scene: If possible, take photos of the scaffolding and surrounding conditions. This evidence can help your case.
- Report the incident: Notify the supervisor or site manager immediately and file an accident report.
- Contact a scaffolding lawyer: A personal injury lawyer experienced in scaffolding accidents can help you understand your rights and pursue compensation.
OSHA Employer Requirements for Scaffolding
Under OSHA (Occupational Safety and Health Administration) regulations, employers are required to provide safe scaffolding and ensure workers are trained to use it safely. This includes:
- Providing proper fall protection, including harnesses and guardrails
- Ensuring scaffolds are properly built, secure, and inspected regularly
- Conducting safety meetings and providing adequate safety training
Failure to meet these OSHA requirements often results in scaffolding accidents and can lead to legal liability for the employer.
Common Scaffolding Injuries
Scaffolding injuries can vary from minor cuts and bruises to serious, life-threatening conditions. Some of the most common scaffolding injuries:
- Fractures: Broken bones, especially in the arms, legs, or spine, from falling
- Head injuries: Concussions or traumatic brain injuries (TBI) from falls or falling objects
- Spinal cord injuries: Damage to the spinal cord leading to partial or full paralysis
- Internal injuries: Damage to organs, internal bleeding, or hemorrhaging due to falls from heights
- Lacerations and abrasions: Cuts and scrapes from falling onto sharp objects or equipment
In many cases, scaffolding injuries require long-term medical treatment and rehabilitation.
Call A Scaffolding Accident Lawyer at Cohen & Cohen Personal Injury Lawyers, P.C.
If you’ve been injured in a scaffolding accident in New York City, the experienced attorneys at Cohen & Cohen Personal Injury Lawyers, P.C. are here to help. We understand the complexities of scaffolding injury cases and fight tirelessly to get the compensation you deserve. Contact us today for a free consultation, and let us help you navigate the legal process with confidence.