Scaffoldings or scaffolds are a common sight in construction industries. In fact, the Occupational Safety and Health Administration (OSHA) estimates that 65 percent of workers in the construction industry work on scaffolds frequently. However, as is common with equipment and accidents in a construction site, a scaffolding accident can result in injuries of all shades.
Some common causes of scaffolding accidents include:
Usually, your experienced scaffolding or construction accident lawyer will help you investigate the accident, determine the cause, and offer you viable legal options.
If you or your loved one gets involved in a scaffolding accident, get in touch with an experienced construction law attorney in New York to understand your options.
At Oshan and Associates, our construction accident lawyers can be the strength you need after a scaffold accident. Our dedicated lawyers will protect your rights and make sure all the compensation you deserve gets to you.
Call us today on (206) 335-3880 or (646) 421-4062 to get in touch.
Scaffolding law in New York and the protection of your rights
Notwithstanding a number of federal and state regulations guiding the use of construction equipment, there continues to be a gross violation and endangerment of workers and innocent persons.
The OSHA rules on scaffolding binds all places where scaffolds are used. In New York, Section 240 of the Labor Code stipulates that property owners and general contractors are under obligations to ensure safety precautions are adhered to. Particularly, the code specifies that:
If the violation of any of these laws or any other negligence results in an accident or loss, the victim may be able to file a claim against the liable parties.
Filing a claim in a scaffolding accident in New York
Filing a worker's compensation claim after a scaffolding accident is usually the ideal action. This is especially so if you were an employee and you got injured during work.
In a claim for worker's compensation, you don't have to prove negligence. You only need to establish that you suffered an injury while at work.
The compensation you may be entitled to in this instance usually covers:
It must however be noted that an employee that files a worker's compensation claim against the employer will generally be barred from filing a personal injury claim against that employer. This will stop you as a victim of the scaffolding accident from filing a claim for substantial damages like "pain and suffering".
Filing Third Party Claims
Negligence or defective product is quite often the cause of most scaffolding accidents. Usually, other persons asides the employer can also be found negligent and liable for your loss of injuries.
As such, in addition to filing a workers’ compensation claim, you may also be able to file a personal injury claim against another party whose negligence contributed to your injury.
The third parties you can file a claim against may include the manufacturers of the scaffolding, the contractor or subcontractor, the landlord or owner of the premises, and any other liable person.
An experienced New York construction law attorney at Oshan and Associates can help you ascertain the negligent parties and give you insight on how to assert your rights.
NOTE: The damages you can recover when you file a personal injury claim are usually considerably higher than the one ordinarily provided by the workers' compensation benefits.
All that needs to be established is that a duty of care was owed to you, the duty was breached, and that you suffered an injury as a result of that negligence of duty.
Maximize your compensation
Be it a worker's compensation or a personal injury, claims get denied or drastically reduced if you don't have an incredible Lawyer to represent you.
If you or your loved one gets involved in a scaffolding accident, it is important that you get in touch with an experienced lawyer as soon as you can.
Our skilled construction law attorneys at Oshan and Associates have successfully handled and represented victims involved in scaffolding accidents in New York and beyond.
Our attorneys in our offices in New York, Washington, Pennsylvania, Illinois, California, & Puerto Rico will diligently and passionately protect your rights.
Get in touch with us online for a free 'no obligation' consultation here or call us at (206) 335-3880 or (646) 421-4062.
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