Long Island Scaffold Accident
Even with OSHA regulations, workplace accidents are common and are even more common at construction sites. Because of the heavy equipment, dangerous chemicals, uneven surfaces and flying debris, a construction sites are inherently dangerous. Scaffolds add another layer of risk to a construction site due to the height of scaffolds and the fact they are not enclosed. Accidents do occur on construction sites on a regular basis. However, many of these accidents are preventable. Despite OSHA, the Scaffold Law and other local regulations issued specifically to ensure the safety of workers using scaffold, these regulations are not always followed. As a result, accidents occur leaving workers with catastrophic injuries. These actions can cause a serious construction accident such as a scaffold accident. Under New York's workers' compensation law, if you are injured in your workplace you may be entitled to benefits through the company's workers' compensation insurance as well as benefits or compensation from other sources. If you have been injured in a scaffold accident, contact an experienced Long Island scaffold accident lawyer who will review the details of your case and explain to you the process of demanding the compensation to which you are entitled.Common types of scaffolding accidents
There are a variety of reasons for scaffold accidents. However, the majority of accidents occur because of a safety requirement was not followed. Common causes of scaffold accidents include:
- Lack of fall protection: According to federal and local regulations if a scaffold is over 10 feet workers must have some sort of personal fall protection or there must be a guardrail to protect from falls.
- Problem with getting on and off: The way for workers to get on and off the scaffold must be OSHA regulations.
- Planking problem: The work areas on the scaffold must be fully and properly planked.
- Faulty ties: The guys and ties that attached he scaffold to the building must be installed properly and in good working condition.
When these and other safety requirements are not followed, catastrophic accidents occur. Common injuries that victims suffer in scaffold falls include traumatic brain injuries, back injury, face trauma, broken bones, and spinal cord injuries.Pursuing a claim
While employees injured in construction site accidents are typically entitled to workers' compensation benefits and precluded from seeking additional compensation through a lawsuit, there are some instances in which a victim would be entitled to compensation outside of a workers' compensation award. For example, if it can be proven that third party negligence contributed to your accident, you may be able to pursue an action against other third parties such as the property owner, general contractor, or equipment manufacturer. Additionally, if the victim of a scaffold accident is not a worker, but a bystander, then the victim would have the right to file a negligence claim against the contractor, property owner, equipment manufacturer, or individual worker.
Through a personal injury claim, the compensation that you may be entitled to receive includes both past and future medical bills, lost income, loss of future earning capacity, loss of enjoyment of life, and pain and suffering. If a loved one was killed in a scaffold accident, you may be able to pursue a wrongful death claim.
Workers' compensation benefits are somewhat different then compensation available through a personal injury claim. Worker's compensation benefits include medical benefits and a cash benefit designed to replace a portion of the wages that the worker is not able to earn due to recovering from the accident. Social Security disability benefits are available to individuals who suffer injuries so severe that they are not able to work for at least a year.
Because of the complexities involved in filing claims for compensation, and the different potential sources of compensation and benefits, it important that you seek the help of an experienced scaffold accident attorney in Long Island.Contact the Law Offices of Stephen Bilkis & Associates
If you or a loved one has been injured in a scaffolding accident, it is important to have experienced representation. Contact the Law Offices of Stephen Bilkis & Associates to discuss the details of your case. Our staff has years of experience in representing victims of scaffolding accidents as well as other types of construction accidents. Contact an experienced scaffold accident attorney serving Long Island at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.