Manhattan Scaffold Accident
Because of the number of high-rise buildings in Manhattan scaffolds are a fact of life. Scaffolds are required to repair and maintain the exterior of buildings. However, scaffolds can be dangerous. If care is not taken, scaffolds can collapse, injuring workers as well as pedestrians. Defective scaffolds, coupled with failure to follow safety rules, can also lead to workers falling and suffering serious injuries to the back, head or neck. While safety should always be the number one priority at a job site and OSHA issued pages and pages of rules related to construction site safety, safety rules are not always followed. The result is sometimes catastrophic accidents. If you were injured in a scaffold accident it is important that you immediately contact an experienced Manhattan scaffold accident lawyer as you may be entitled to compensation through workers’ compensation, a personal injury claim, or Social Security disability.Common causes for scaffolding accidents
Generally, scaffolding accidents occur because a worker falls on scaffolding, defective or damaged scaffold parts, failure to properly assemble the scaffold, or someone being hit by a falling item. These factors can cause serious injury or a fatal injury. For example, if the platform flooring or side supports are damaged and improperly assembled, the scaffold could collapse, sending workers tumbling to the group. As a result victims may suffer head, back, neck and spinal injuries.Pursuing a claim for a scaffold accident injury
Most victims of scaffold accidents are construction workers. This means that the accidents usually are covered by workers’ compensation. Under workers’ compensation, workers injured while working are entitled to medical care paid through workers’ compensation insurance and wage replacement. The amount of the wage replacement is based on the injured worker’s average weekly pay as well as the severity of the injury. In a worker dies as a result of a scaffold accident, the worker’s surviving spouse and children will receive workers’ compensation death benefits, which include funeral expenses and cash benefit based on the victim’s average weekly pay.
There are some cases in which the victim would not be entitled to workers’ compensation benefits. For example, if the victim was not a worker, but a bystander, then the victim would not be eligible for workers’ compensation, but would have the right to file a personal injury lawsuit. Through a personal injury lawsuit, the victim may be entitled to compensation for medical expenses, lost wages, and pain and suffering.
- Medical expenses: All past and future expenses related to treating your scaffold accident injury such as bills related to the emergency room, hospital, physical therapy, and rehabilitation. Other related expenses include diagnostic tests, medication, and medical equipment.
- Lost income: This includes income and benefits that you would have received, but for the scaffold accident. This may include missed paychecks, missed bonuses and missed promotion. It may also include lost self-employment revenue if you have your own business. If the scaffold accident left you with permanent injury such as paraplegia, an amputation or a severe brain injury that has made it impossible to work, then you can seek payment for the loss of future earnings, as well Social Security disability benefits.
- Pain and suffering. This includes damages for physical pain and permanent injuries such as paralysis, loss of a limb, scarring, and inability to walk without the use of a walker, as well as mental suffering such as depression.
If you or a loved one has been injured in a scaffold 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 us at 1-800-NY-NY-LAW (1-800-696-9529) 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.