With the construction boom in recent years, all of us in Brooklyn and NYC have grown used to seeing scaffolding around the buildings. Scaffolding is necessary to allow construction crews to do interior and exterior work on the building involving masonry, painting, windows roofing, and more. Anytime there is construction, the risk for personal injury accidents increases, and construction on buildings taller than 2 floors, this risk increases further. This is what led to the creation of the Scaffolding Safety Laws.
The scaffolding safety laws are not a stand-alone law, but part of a larger set of laws that apply in Brooklyn which are included in New York’s Labor Law Section 240. The summary of them is that the contractor or property owner needs to take necessary precautions to avoid accidents, specifically regarding scaffolding. Typically employers are required to maintain a safe premise, which can be sufficient to have dry floors, no sharp objects, and steps identifiable.
Regarding scaffolding, there is an additional level of action that must be taken by the contractor to ensure workers are safe. These actions are necessary so the contractors do not show negligence and accept responsibility for the injured workers. OSHA, who help set regulations for worksites, include some of the following actions in reasonable scaffolding safety precautions:
Additionally, the contractor must provide to their worker’s safety and fall prevention equipment. If the contractor did not, they can be held liable for the injury and would be labeled as negligent.
Ideally, these laws encourage employers to take the necessary steps to avoid workplace injuries involving scaffolding. So even if there is no inspector, there is motivation to supply the proper safety equipment and follow the regulations or a lawsuit can occur. Unfortunately, contractors do not always follow this logic and this is why in recent years, personal injury lawsuits from construction site accidents involving scaffolding have increased.
If a worker does one of a few actions which are clearly designated as negligent, like not using the safety equipment, or under the influence of drugs or alcohol the ability for a lawsuit decreases dramatically or is nonexistent.
When you are looking to hire a personal injury attorney in Brooklyn who specializes in scaffolding accidents, they will base the case on what is permissible in New York’s Labor Law Section 240 (scaffolding Safety Law). It is essential to know your rights and document the accident carefully, and take action as soon as you can.
Michael and Mark Ribowsky of Ribowsky Law always provide the highest level of attention and detail to each case worked on. Our clients come from all over Brooklyn and have experienced a scaffolding injury due to the negligence of their employer.
If you are a victim of a scaffolding accident due to contractor negligence and want to discuss your case, contact the legal experts at
Ribowsky Law. 109-12 Jamaica Ave, Richmond Hill, NY 11418. (718) 659-5333. https://www.mrinjurylawyerny.com/