Scaffold Accident Lawyers
There are many types of scaffolds such as suspended motorized scaffolds, Bakers’ scaffold and pipe scaffolding. Adequate and properly constructed scaffolds allow workers to perform their work safely at a height.
When scaffolding is not adequate and a worker falls, the injuries can be catastrophic. Common accidents involving scaffolding include scaffolds that collapse or tip over, scaffolds that are unstable or defective, and scaffolds that lack adequate guardrails. A worker injured in an accident involving a scaffold was generally not provided with the required personal safety equipment, including harnesses and safety lines. Failure to comply with New York law regarding scaffolding rules can be the basis for a lawsuit against contractors and owners.
Scaffolding Labor Laws
New York Labor Law § 240 (1), also known as the "Scaffolding Law," assigns responsibility directly to contractors and owners to ensure that adequate safety practices and equipment are provided to workers. It is important to note that this is not the responsibility of the workers. The central purpose of the Scaffolding Act is to protect construction workers who are exposed to risks related to lifting during their work and to prevent them from falling. The Scaffolding Act goes beyond scaffolding; it also applies when adequate safety equipment is not provided, including properly secured ladders, proper forklifts, safety harnesses, guardrails, and lifelines.
The Scaffolding Law may also cover situations where a worker is injured by falling object, and possibly any injury caused by the force of gravity and lack of proper equipment or safety practices. In addition, New York Labor Law §241(6), along with Part 23 of the New York Industrial Code, regulates the protection of workers in construction, demolition and excavation operations, and requires owners and contractors and their agents to provide workers with a safe place to work.
Mobile Scaffolding Labor Law
The regulations include many rules applicable to scaffolding. For example, Industrial Code §23-5.18, applies to manually operated mobile scaffolds, prohibits moving a scaffold while workers are still on it, prohibits building a scaffold beyond a certain height relative to the size of its base, and requires the wheels of a scaffold to have working locking mechanisms so that the scaffold can be locked in place. In the event of an accident that does not comply with the rules governing scaffolding or the lack of personal protective equipment, the injured worker can file a lawsuit to obtain fair compensation for his or her injuries.
If you or someone you know has been injured on a construction site call Gorayeb & Associates at 212-267-9222 for a free consultation.