Introduction
Scaffolding accidents are among the most dangerous incidents on New York City construction sites. Workers rely on scaffolds for daily tasks, often several stories above the ground. When scaffolding fails, the results can be devastating, leading to serious injuries or even fatalities. If you’ve been injured in a scaffolding accident, it’s crucial to understand your legal rights and options for seeking compensation.
In this guide, Lockamy & Associates explains what you need to know about scaffolding accidents and how an experienced construction accident attorney can help protect your rights.
What Causes Scaffolding Accidents?
Scaffolding accidents can happen for a variety of reasons, most of which are preventable with proper safety measures. Some of the most common causes include:
• Faulty or poorly assembled scaffolding
• Lack of fall protection (harnesses or guardrails)
• Improper training for workers
• Overloading the scaffold with excessive weight
• Weather-related hazards, such as high winds or icy surfaces
• Falling objects, like tools or construction materials
The Occupational Safety and Health Administration (OSHA) has strict regulations for scaffolding to ensure worker safety. When these rules are ignored, it puts workers at serious risk.
Common Injuries from Scaffolding Accidents
Scaffolding accidents can result in a range of injuries, from minor to life-altering. Some of the most common injuries include:
• Fractures and broken bones
• Traumatic brain injuries (TBIs)
• Spinal cord injuries and paralysis
• Internal injuries and organ damage
• Severe lacerations and soft tissue injuries
• Fatal injuries
Many of these injuries require extensive medical treatment, long recovery periods, and can leave victims unable to return to work.
Your Legal Options After a Scaffolding Accident
If you’ve been injured in a scaffolding accident, you have several legal options to pursue compensation.
1. Workers’ Compensation Benefits
Workers’ compensation provides benefits to injured workers, including:
• Full coverage for medical expenses related to the injury
• Partial wage replacement (up to two-thirds of your average weekly wage)
• Disability benefits for temporary or permanent injuries
While workers’ comp is a valuable resource, it may not cover all your losses—especially for pain and suffering or long-term financial impact.
2. Third-Party Lawsuits
In many scaffolding accident cases, you may be able to file a third-party lawsuit against a negligent party other than your employer. Potential defendants may include:
• Equipment manufacturers (if faulty scaffolding or defective tools contributed to the accident)
• General contractors or subcontractors who failed to follow safety protocols
• Property owners who neglected known hazards on the worksite
A third-party lawsuit can provide compensation for damages that aren’t covered by workers’ compensation, such as pain and suffering, emotional distress, and full wage replacement.
OSHA Violations and Complaints
Employers are required to comply with OSHA standards for scaffolding and fall protection. If your employer violated these regulations, you have the right to file an OSHA complaint.
📌 An OSHA investigation may:
• Inspect the worksite for safety violations
• Issue citations and fines to the employer
• Order corrective measures to prevent future accidents
Filing an OSHA complaint can help improve safety for other workers and hold negligent employers accountable.
Disability Benefits for Long-Term Injuries
If your injuries prevent you from working for an extended period, you may qualify for Social Security Disability benefits. These federal benefits provide monthly payments and access to Medicare after two years of receiving disability payments.
How Lockamy & Associates Can Help
An experienced scaffolding accident attorney can be critical in protecting your rights and maximizing your compensation. At Lockamy & Associates, we can:
• Investigate the cause of your accident
• Identify all liable parties
• Collect evidence to build a strong case
• Negotiate with insurance companies
• File lawsuits against negligent third parties
We understand the complexities of New York’s labor laws and construction safety regulations. Our team will fight for the compensation you deserve so you can focus on recovery.
Contact a NYC Scaffolding Accident Lawyer Today
Scaffolding accidents can be life-changing, but you don’t have to navigate the aftermath alone. At Lockamy & Associates, we offer free consultations to discuss your case and explain your legal options.
Call us today to protect your rights and pursue the compensation you deserve.
Frequently Asked Questions
1. How long do I have to file a lawsuit after a scaffolding accident?
In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. However, consult an attorney as soon as possible to avoid missing critical deadlines.
2. Can I sue my employer for a scaffolding accident?
In most cases, you cannot sue your employer directly due to workers’ compensation laws. However, you may file a third-party lawsuit against other negligent parties.
3. What compensation can I receive for a scaffolding accident?
Compensation may include medical expenses, lost wages, pain and suffering, disability benefits, and more, depending on the severity of your injuries and the details of your case.
