NY Scaffold Law 240(1) Explained
Leading New York City scaffolding accident lawyers have a long track record of recovering maximum compensation for scaffold accident victims
According to the Occupational Safety and Health Administration (OSHA), a division of the U.S. Department of Labor, an estimated 2.3 million construction workers – 65 percent of those in the construction industry – work on scaffolds. New York’s Scaffold Law and industry-wide safety standards provide protections against injury in scaffold accidents. The skilled scaffold accident attorneys at Lipsig, Shapey, Manus & Moverman P.C. in New York City have a track record of successfully recovering the maximum compensation for those injured in scaffold accidents.
Scaffold fall accidents
Poor scaffold construction is one of the most common causes of construction site falls . Because scaffolding is regularly used by such a large percentage of construction workers, it is imperative that the manufacturer directions for installation are followed closely to ensure that the scaffolding is stable and secure. According to the Bureau of Labor Statistics, the majority of workers injured in scaffold accidents cited the cause of the accident as either the support or planking giving way, or to the employee slipping or being struck by a falling object.
Scaffolding hazards
The Occupational Health and Safety Administration (OSHA) reports the following as common hazards associated with scaffolds :
· Scaffold collapse, due to instability of the scaffold or overloading
· Falls from elevation, due to the absence of fall protection
· Electrocution, because of the scaffold’s close proximity to overhead power lines
· Being struck by falling objects, including tools, debris, or work materials
All American workers have a right to a safe workplace. OSHA establishes safety guidelines for all workers to ensure their safety.
OSHA scaffold safety standards
All employers, workers, and supervisors involved in working on scaffolds are required to adhere to OSHA scaffold safety regulations pertaining to the construction and inspection of scaffolds as follows:
Design and Construction
OSHA requirements specify the type of equipment that must be used, the construction methods employed, the rated capacities, and the use of the scaffold. Suspension ropes must each be capable of supporting a load that is at least six times the maximum intended load.
Inspection
Employers should require that – before using scaffold on each work shift — a qualified individual inspect all scaffolds and scaffold components for any visible defects. Scaffolds should only be erected, dismantled, moved, or altered in any way under the supervision of a qualified individual. The components of all personal fall protection equipment — including lanyards, body belts or harnesses, trolley lines, droplines, and points of anchorage — should be inspected by a qualified individual before use. If equipment is visibly damaged or worn, it should be removed from service immediately.
- OSHA regulations require that:
- Scaffold supports a minimum of four times the anticipated weight requirement
- Planking must be overlapped by a minimum of at least 12 inches
- Scaffold should not be supported by loose objects such as loose barrels or loose brick
- Items such as debris, materials, and tools should not accumulate on a scaffold
- Planking should extend over end supports by 6 to 18 inches
- Lean-to scaffolds and shore scaffolds are prohibited
- Overhead protection should be provided whenever overhead work is being conducted
What is Labor Law 240, known as the “Scaffold Law”?
New York Labor Law 240, commonly known as the “ Scaffold Law ” was designed to provide protection to construction workers for the extreme hazards they encounter working on and around scaffold and other lift equipment at construction work sites. The Scaffold Law establishes “absolute liability” on contractors and work site owners who fail to provide adequate safety regulations and devices, protecting workers from suffering injury in falls or from being struck by a falling object.
In this context, “absolute liability” means that under New York Labor Law 240, legal liability for an injury extends to general contractors and property owners under certain circumstances; the defendant in this circumstance is not required to be an employer of the worker that sustained injury. Furthermore, New York courts have embraced a broad interpretation of Labor Law 240, with some court decisions suggesting that claims that are filed under New York’s scaffold law may not be defeated based on the injured worker’s negligence or lack of care, which may have contributed to the injury.
The Scaffold Law specifies that property owners and contractors are liable for the safety of the following:
- Scaffolds
- Hangers
- Ladders
- Hoists
- Stays
- Pulleys
- Slings
- Braces
- Blocks
- Ropes
- Irons
Scaffold accidents can often be avoided by adherence to safety standards established by the OSHA.
Our skilled construction accident attorneys secured $8 million dollars for a scaffold accident victim
The experienced NYC construction accident attorneys at Lipsig, Shapey, Manus & Moverman P.C. get results. We protect workers who have been injured in scaffold accidents, ensuring full protection for our clients under New York’s Scaffold Law. Our skilled scaffolding accident attorneys secured $8 million for our client in an unusual case involving a defective scaffolding accident. Our client, a construction worker, was injured in a fall due to defective scaffolding. Three years later, he suffered a lumbar disc hernia and required several surgeries. Our accident attorneys proved to the jury that the original defective scaffolding fall was the cause of our client’s subsequent injury and surgeries. As a result, the jury awarded a verdict of more than $6 million, which – when legal interest is added – totals a verdict of more than $8 million for our client.
Lipsig Law NYC scaffold accident attorneys protect injured workers
When you have suffered an injury in a scaffold accident due to negligence on the part of your employer or another entity, the knowledgeable scaffold attorneys at Lipsig, Shapey, Manus & Moverman P.C. protect your rights and successfully obtain the maximum compensation allowed under the law. With more than 80 years’ combined experience, we skillfully navigate the complicated personal injury claims process, protecting your rights under New York’s Scaffold Law, and advocating on your behalf. All of our attorneys work on a contingency basis so you do not pay a dime until we successfully win your case. Schedule a confidential consultation with a member of our team to discuss your scaffold accident injury case; contact our office at 212-285-3300 or 917-268-6710 or contact us online.
