Can I File a Claim if I Am Injured in a Scaffolding/Construction Accident?

construction accident

Construction workers face an innumerable amount of risks on the job each day. This is especially true of those individuals who must work on scaffoldings, which pose their own unique challenges and threats to safety. The U.S. Bureau of Labor Statistics has reported that approximately 60 deaths occur as a result of scaffolding accidents each annually, along with about 4,500 injuries. This line of work is not something to take lightly, so you must do all you can to protect yourself from a fall or other incident when at work. If you have recently experienced an accident related to construction work, especially any work involving scaffoldings, you are entitled to compensation. The knowledgeable NYC construction accident attorneys at Friedman, Levy, Goldfarb, & Green are ready to assist you in filing a claim if you or someone you love has been injured in a scaffolding accident. 

Types of Injuries That Can Occur as a Result of a Scaffolding Accident

The Occupational Safety and Health Administration (OSHA) enforces strict safety standards and general regulations concerning all aspects of scaffolding use and ownership at construction sites. These regulations cover both the assembly and maintenance of the structure as well, ensuring maximum safety and protection on all fronts. Still, even with this OSHA protection, approximately 10% of all fatalities that occur at construction sites can be directly attributed to scaffolding accidents. 

Some of the most common causes of these accidents include issues with planking support or inadequate structural integrity, often resulting in falls that produce devastating injuries. Of the most common severe injuries associated with scaffoldings are:

  • Traumatic brain injury
  • Broken bones
  • Spinal cord injury
  • Paralysis
  • Organ damage
  • Internal bleeding
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Such injuries are guaranteed to keep you out of work for an extended period, resulting not only in lost wages for you but slowed production for your company. OSHA has estimated that over $90 million are lost due to the prevalence of these injuries caused by scaffolding incidents. Each of the possible injury types will undoubtedly cost an overwhelming amount of money in terms of medical expenses. For this reason, it is well within your rights to pursue legal action for compensation to fund your recovery.

Types of Compensation to Be Recovered from Filing a Claim

There are many different types of expenses that can be covered once you file a personal injury claim for a scaffolding accident:

  • Medical expenses
  • Lost wages
  • Lost earning capacity (i.e., if your injury was so severe that you are no longer physically capable of performing the labor you once were, thereby reducing your earning capacity)
  • Pain and suffering
  • Emotional damages

As you prepare to file your claim, be aware that there are many different parties that can be held responsible for the incident. Though it is your employer’s responsibility to ensure the safety of all workers on site, they may not be solely responsible for the structural failure of the scaffolding. You, as the victim, can file a claim against:

  • The manufacturer of the scaffolding
  • Your construction company
  • The contractor or subcontractor
  • Another construction worker
  • The property owner

In any case, hire legal assistance to guide you in whom to file a claim against and what for. Identify the damages and review them with your lawyer to determine the best route of action that will result in the most substantial support for your recovery.

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