If you live in New York, there is no doubt that you have encountered scaffolding throughout the city, especially if you work in construction. Scaffolding is necessary to do this important work but can also cause serious harm to both workers and bystanders if any of the various parties involved in its construction, installation, use, and maintenance fail to take reasonable care.
If you recently suffered an injury in a scaffolding accident, you should be aware of your legal rights to recovery. While many of these efforts must go through the Workers’ Compensation system, it is vital that you identify your opportunity to file a lawsuit against the negligent party where it presents itself. For example, when construction companies fail to ensure scaffolding is safe for use, they might be vulnerable to lawsuits from injured employees. This is a rare exception to New York’s exclusive remedy rule for Workers’ Compensation, and could let victims claim greater damages in a lawsuit. Such damages should include compensation for all economic damages from the accident, as well as that for your pain and suffering.
To schedule a free and confidential case assessment with our NYC scaffolding construction accident lawyers, call The Carrion Law Firm now at (718) 841-0083.
Common Causes of Scaffolding Construction Accidents in NYC
Whenever scaffolding is used on a construction site in New York, reasonable care must be taken in its manufacturing, installation, and use. Failure in any of these respects could result in a catastrophic accident due to improper installation, poor maintenance, falling objects, and manufacturing issues.
Improper Installation
Scaffolding must be erected correctly as designed to securely hold and support people and machines. The installer must also take care to install the scaffolding only on solid ground that will support the weight of the structure without shifting. These responsibilities lie with the party that installs the scaffolding, which is usually different from the construction site management company.
Poor Maintenance
Even if scaffolding is initially installed correctly, changing conditions on site can alter the balance and stability of the structure. Therefore, it is imperative that the construction site manager or management company institute procedures to regularly inspect the scaffolding site and ensure that it is safe for work use. Unfortunately, many site managers fail to account for how external factors like inclement weather can affect the sturdiness of scaffolding.
Falling Objects
Pieces of material or construction equipment falling from heights are among the leading causes of injury to non-workers who are in proximity to the site. The construction site management is responsible for training their workers on proper scaffolding safety behavior, which includes securing any loose items, so if you were struck by an object that fell off of scaffolding at a construction site in New York, the construction management company may be liable for compensating you for your harms.
Manufacturing Issues
Scaffolding must be able to hold a significant amount of weight in order to function as intended. However, if the material used in the production of the scaffolding parts is cheap or substandard, it may fail catastrophically, causing a collapse. It may be hard to identify manufacturing defects such as these without the help of our experienced scaffolding construction accident lawyers, who can review physical evidence from the scene to determine liability and cause.
Liability for NYC Scaffolding Construction Accidents
When you discuss your case with our attorneys, one of the first steps we will take is to determine who was responsible. Liability for your injuries might determine your path to compensation in New York City.
This is important in any case, particularly if you were an employee of the construction company that operated the site where you were injured. This is where Workers’ Compensation laws will come into play. If you were not an employee of (or an independent contractor working with) the at-fault party but merely an uninvolved passerby, Workers’ Compensation will not apply in your case.
Similarly, suppose the negligent entity was a third party, such as a manufacturer of a defective machine or a subcontractor brought onto the site. In that case, you can go straight to a lawsuit against that entity rather than a Workers’ Compensation claim.
For most other workplace accident claims, New York law makes Workers’ Compensation the “exclusive remedy” for employees injured on the job, no matter the accident’s cause. However, unlike many other states that also use the exclusive remedy rule, New York provides a special exception for injuries caused by an employer’s violation of certain safety rules. In many cases, your employer’s violations of the New York Scaffold Law will qualify you for a lawsuit.
Suing for a Scaffolding Accident on an NYC Construction Site
L.A.B. Law § 240 provides an exception to the Workers’ Compensation exclusive remedy rule for certain construction scaffolding accidents. If contractors or construction site managers fail to maintain scaffolding and provide workers with the necessary safety protections, resulting in a fall, they can be sued in New York.
Knowing about this exception to the exclusive remedy rule is important so that you do not accept a Workers’ Compensation settlement when you could have claimed greater damages in a lawsuit against your employer.
To prove that your employer is legally liable for your accident, we will quickly investigate the incident, reviewing security camera footage and interviewing eyewitnesses in the process. Further investigation might indicate that the construction company did not properly erect scaffolding in the first place, leading to its eventual collapse.
In addition to ensuring that scaffolding is constructed properly, onsite managers and construction companies must ensure that scaffolding has the proper guardrails. According to § 240(2) of the same section, scaffolding more than 20 feet off the ground must have safety rails at least 34 inches from the platform. Furthermore, scaffolding must be able to bear four times the weight construction companies anticipate the structure regularly holding. Failure to do so could lead to the floor falling out and, if employees are not properly harnessed, could result in a devastating accident.
Confirming that your specific scaffolding accident makes your case an exception to the exclusive remedy rule is crucial. To file a lawsuit against your employer, if you are permitted to do so, you must sue within three years of the accident, according to C.V.P. Law § 214(5).
Scaffolding accidents are not always an employer’s fault. For example, if a car crashes into a roadside construction site in New York City, scaffolding might collapse, severely injuring workers in the process. In such instances, negligent drivers would be liable for victims’ damages.
Damages for Scaffolding Construction Accident Injury Lawsuits in NYC
Learning about the differences between a lawsuit and a Workers’ Compensation claim is important because of the variations in the amount of recovery victims can obtain. Workers’ Compensation claims are subject to policy limits and only provide for a certain amount of medical expenses and lost wages, but nothing more. In contrast, a lawsuit is not beholden to any policy limits.
Non-Economic Damages
If the court awards more damages than are covered by the defendant’s insurance, the defendant is still obligated to pay you whatever they still owe. Lawsuits can also provide additional remedies based on harms that Workers’ Compensation does not acknowledge, such as the pain and suffering that the victim experiences following the accident.
Scaffolding accidents are typically severe, especially when they involve full-structure collapses. These accidents might result in permanent spinal cord or head injuries that forever impact a victim’s quality of life. Because of the considerable emotional distress victims often experience following these accidents, it is important to see if your case is an exception to the exclusive remedy rule, allowing you to sue your employer or if a third party is liable. In either case, you could file a lawsuit, which opens the door to non-economic damages. New York does not cap non-economic damages in civil lawsuits.
Economic Damages
Your lawsuit should also cover all economic damages associated with the accident, such as medical expenses. Since you may not be able to return to work for some time, if ever, you can also get compensation for missed income. Workers’ Compensation claims typically only compensate victims for a portion of their lost wages, while a lawsuit might cover all of these damages.
Predicting what a scaffolding accident injury lawsuit may be worth is a nearly impossible task without specific information about the incident, the victim, and the resulting injuries. Therefore, before deciding on the best path to your recovery, it is in your best interest to discuss your case with our seasoned lawyers. This is the best way to get a reasonable estimate of what you may recover through your lawsuit, which you can also use to evaluate any settlement offers you receive.
Punitive Damages
Getting punitive damages in scaffolding accident cases is challenging. It often requires evidence that the construction company had a total disregard for their employees’ safety and routinely failed to inspect or perform proper upkeep on scaffolding structures. Again, much like non-economic damages, punitive damages are only recoverable when victims file lawsuits after construction site scaffolding accidents. Punitive damages are not available in nearly all scaffolding accidents despite the severity of these incidents. Regardless, when preparing your case, our lawyers will investigate the defendant’s possible gross negligence so you can anticipate your potential award in New York City.
Talk to an Experienced NYC Scaffolding Construction Accident Lawyer Today
To receive your free initial case assessment, contact the scaffolding construction accident lawyers at The Carrion Law Firm today at (718) 841-0083.