Ladder & Scaffolding Falls
Construction Accident Lawyer
Construction workers have one of the most dangerous jobs in the nation. According to the Occupational Safety and Health Administration (OSHA), 65 percent of construction workers work on scaffolds. The statistic jumps to an even higher percent when you factor in construction workers who frequently work on ladders. Roughly, this is about 2.3 million construction workers. Falls from scaffolding, ladders and other heights are the single most common cause of construction worker injury in the United States. Although OSHA regulates and enforces safety standards at construction sites, many are still injured on the job every year. If you were injured in this type of accident, a construction accident attorney from The Law Firm of Steven I. Fried, P.C. may be able to help you.
Statistically, 362 fatal falls occur every year due to falls from scaffolding. According to OSHA, these accidents are completely preventable. All employers and supervisors must do is comply with the OSHA safety regulations for construction sites. When workers are injured in construction accidents, they could recover workers’ compensation insurance. However, construction workers are often entitled to much more than workman’s comp benefits. OSHA or another regulatory agency could require your employer to pay restitution because of their negligence and failed compliance to the codes. You may be entitled to a third party claim, which is a personal injury action brought against a party other than your employer.
Workers’ Compensation vs. Third Party Liability Claims
According to New York State Workers’ Compensation Board, “virtually all employers in New York must provide workers’ compensation coverage for their employees” according to § 2-3 WCL. There are certain individuals who are not covered by NY workers’ compensation law, such as volunteer workers and those who do not have a formal contract for hire. Accepting workers’ compensation may mean that you do not have the right to file a lawsuit against your employer; however, you may be able to file a third party personal injury claim against a party such as an equipment manufacturer, for example.
Fall Prevention in the Construction Industry
Some of the leading causes of falls and other scaffolding accidents in the construction industry include:
- Planks improperly laid on scaffolding
- Unprotected sides and openings in walls
- Faulty construction of the scaffolding
- Steel rebars protruding from the scaffolding
- Failed compliance to ladder regulations (29 CFR Subpart X)
Not only are falls the leading cause of death in the construction industry, but these accidents are in the top five causes of all workplace deaths in the United States. If you or a loved one was involved in this type of accident, you may be able to take legal action.
Retaining a Construction Accident Attorney
Falls from scaffolding, ladders, towers and roofs are unfortunately not uncommon. Call and discuss your case with a construction accident lawyer at The Law Firm of Steven I. Fried, P.C. You may be entitled to workers’ compensation benefits, personal injury representation for damages such as pain and suffering, or even wrongful death compensation if you lost a loved one in this type of accident. We provide free and confidential case evaluations to everyone who is interested in representation, so do not hesitate to contact our law firm today.