When you’re hard at work on a construction site, your safety should be a priority for everyone involved. Yet, a single slip or poorly secured scaffold can turn a typical workday into a life-altering accident for too many workers.
Falls from scaffolding are not just accidents—they’re preventable failures that leave workers facing physical pain, emotional trauma, and financial strain. At The Perecman Firm, our New York City construction accident lawyers are here to stand by New York’s construction workers, fighting fiercely to hold those responsible accountable.
If you or someone you care about has been injured in a scaffolding fall, you deserve more than generic legal advice. You deserve a team dedicated to understanding your unique challenges and committed to securing the maximum compensation so you and your family can focus on what matters most: healing and moving forward.
How Do Falls from Scaffolding Happen?
Falls from scaffolding can happen in many ways, each leading to severe injuries or even fatalities. Construction sites frequently use scaffolding to enable workers to perform tasks at height.
However, due to the nature of construction work and the height at which construction sites generally use scaffolding, any failure in safety measures can lead to catastrophic outcomes.
- Faulty or Poorly Maintained Scaffolding: Sometimes, scaffolding itself isn’t properly inspected or maintained. Rust, corrosion, or missing components can weaken the structure, putting workers and passersby at risk.
- Inadequate Training: Construction sites should prioritize thorough safety training, especially when workers are exposed to heights. Unfortunately, lack of training is common, leading to unsafe practices on scaffolding.
- Overloaded Scaffolding: Scaffolding has load limits. When heavy equipment or materials exceed these limits, it can lead to collapses or falls that endanger everyone nearby.
- Lack of Safety Equipment: Harnesses, guardrails, and other fall protection are essential for workers on scaffolding. In New York, labor laws require fall protection measures, but sadly, many sites still lack these precautions.
- Weather Conditions: High winds, rain, or ice can make scaffolding slippery and unsafe, leading to falls. Construction companies have a responsibility to pause work when conditions are dangerous.
Who Can You Hold Responsible for a Scaffolding Fall?
Determining liability in a scaffolding fall is complex. Several parties, including construction companies, property owners, and even third-party contractors, might bear responsibility.
In New York, Labor Law Section 240 and Section 241, also known as the Scaffold Law, require employers to provide safe working conditions and necessary fall protections for workers at height.
This unique law protects workers injured in height-related incidents, ensuring them fair compensation if an employer or property owner fails to uphold safety standards.
While the Scaffold Law only applies in New York, here are the main parties who you might generally hold liable for a scaffolding accident:
- Property Owners and General Contractors: Property owners and general contractors bear responsibility for overall safety on a construction site. You can hold them liable for damages if they improperly installed, maintained, or inspected scaffolding.
- Scaffolding Manufacturers: You can hold the manufacturer responsible for any injuries resulting from design or manufacturing flaws.
- Subcontractors and Third Parties: Sometimes, subcontractors or other workers on the site may contribute to accidents. For instance, if another worker’s negligence caused you to fall, you can hold them or their employer liable.
- Employers: Although workers’ compensation laws often prevent employees from suing their employers, exceptions exist. Under New York’s Scaffold Law, you can hold employers responsible for failing to meet safety standards.
How do OSHA Standards and Violations Apply to Liability?
When it comes to scaffolding on construction sites, OSHA (Occupational Safety and Health Administration) has strict regulations designed to protect workers. These regulations cover everything from scaffold design and load-bearing capacity to employee training and proper safety equipment.
Unfortunately, when these standards aren’t followed, the results are often catastrophic. At The Perecman Firm, we have seen firsthand how OSHA violations contribute to scaffolding accidents, leaving workers with severe injuries.
Understanding how these standards should function—and how frequently employers disregard them—helps us build strong cases for injured workers.
Key OSHA Regulations for Scaffolding Safety
OSHA’s scaffolding standards set clear requirements for construction companies to follow, including:
- Scaffold Load Capacity: OSHA mandates that all scaffolding must support at least four times the intended load. This includes the weight of the workers and any tools or materials they carry. Unfortunately, overloading scaffolding, which is common, often leads to collapses that employers could have avoided with proper load management.
- Guardrails and Fall Protection: OSHA requires guardrails or equivalent fall protection for scaffolds more than 10 feet above the ground. These guardrails must be in place to prevent workers from falling off the edges. In many cases we’ve handled, missing or improperly installed guardrails contributed to serious falls.
- Regular Inspections and Maintenance: OSHA requires that a competent person inspect scaffolding daily before work begins. This inspection should identify any weaknesses or defects that need fixing. Failure to conduct these inspections is a violation that exposes workers to preventable hazards.
- Access and Egress: Workers must have safe ways to access and leave scaffolding, such as ladders or ramps. Inadequate or unsafe access points are a common violation that puts workers at risk of falls while simply trying to get on or off the scaffold.
How OSHA Violations Impact Your Claim
When employers violate OSHA standards, they strengthen a worker’s case for compensation beyond what workers' compensation provides. Our personal injury lawyers work to show how the failure to comply with these safety standards directly led to the accident.
This approach strengthens your claim and highlights the employer’s negligence in putting profits over safety. By identifying OSHA violations, we build a compelling case to show that the responsible parties failed in their duty to protect workers.
Your lawyer uses this information to clearly link the accident and the negligence that caused it in both personal injury and third-party claims.
If you suffered an injury due to a scaffolding accident, know that The Perecman Firm is here to fight for justice and ensure those who failed in their responsibilities are held accountable.
Catastrophic Injuries Resulting from a Scaffolding Fall
A fall from scaffolding can result in various severe injuries, ranging from physical harm to long-term emotional trauma.
Common injuries include:
- Broken Bones: Falls from significant heights often result in multiple fractures, which may require extensive surgery and physical therapy.
- Traumatic Brain Injuries (TBI): Head injuries from a fall can result in memory loss, cognitive impairments, and even permanent disability.
- Spinal Cord Injuries: A spinal injury can lead to partial or complete paralysis, affecting an individual’s mobility and quality of life permanently.
- Internal Injuries: These life-threatening injuries may require immediate surgery and long-term medical care.
- Emotional Trauma: A scaffolding fall can cause mentally devastating anxiety, depression, and post-traumatic stress disorder (PTSD).
Each injury has a unique impact on a person’s life. When you’re dealing with these challenges, a compassionate and knowledgeable attorney will help you obtain compensation and secure your future.
Long-Term Challenges on the Job After a Serious Injury
Physical Challenges
A scaffolding fall often involves injuries that permanently affect mobility, strength, or endurance. Even with extensive physical therapy, workers might find their bodies unable to handle the same tasks they once did, like lifting heavy materials, climbing ladders, or spending long hours on their feet.
Tasks that once came naturally may now hurt or require more time and caution, impacting both productivity and morale.
For example, injuries to the spine or lower body can make it painful or impossible to stand for long periods, while a traumatic brain injury (TBI) may affect balance, coordination, or focus.
Construction workers often feel the pressure to return to work, but without the right support, they risk aggravating their injuries, setting back their recovery, or facing new health problems.
Emotional and Psychological Struggles
Beyond the physical obstacles, many workers experience anxiety about re-entering an environment where the accident occurred, fearing a similar incident could happen again.
Post-traumatic stress disorder (PTSD) is not uncommon, particularly in cases where falls involve serious heights or result in life-altering injuries.
Anxiety and PTSD can make it difficult to focus, follow instructions, or handle stressful situations on the job, affecting a worker’s ability to perform and feel secure at work.
Compensation for Future Limitations and Career Shifts
After a significant injury, some construction workers may never fully return to their previous roles. In these cases, a lawyer must consider compensation reflecting past wages and medical bills and the impact on a worker’s career.
Compensation should account for future earning limitations, meaning it reflects not only immediate losses but also the potential loss of income from jobs or promotions they may no longer be able to pursue.
For some, this reality may mean exploring other types of employment—perhaps roles within construction that don’t require the same physical demands or entirely new fields that accommodate physical limitations.
These career shifts often require retraining or additional certifications, which come with their own financial burdens. Seeking compensation that includes funds for vocational rehabilitation or retraining is essential to help workers adapt to new career paths.
Why Future Compensation Matters
When pursuing a claim after a scaffolding fall, a skilled construction accident lawyer recognizes that the impact of a serious injury doesn’t stop with the medical bills.
Many workers require ongoing medical treatment, physical therapy, or counseling. Lost earning potential, future healthcare expenses, and the financial costs of adapting to new employment can significantly increase.
At The Perecman Firm, we fiercely advocate for compensation considering these long-term realities. We strive to secure a settlement or verdict that fully supports injured workers and their families.
Returning to work after a scaffolding fall is a challenging journey, but with the right resources, workers regain their financial stability and focus on building a new future. Our team is here to help make sure that journey is supported by fair compensation every step of the way.
Complications and Legal Challenges of Scaffold Fall Claims
Scaffolding accident claims are among the most complex personal injury claims.
Challenges include:
- Multiple Liable Parties: As we’ve seen, liability may involve various parties, from the property owner to the equipment manufacturer. Identifying these parties is crucial; an attorney can sort through the details to pursue the appropriate claims.
- Workers’ Compensation Limitations: While workers’ compensation helps with medical bills and a portion of lost wages, it rarely covers the full extent of injuries, including pain and suffering. The Perecman Firm can help workers in New York pursue additional claims beyond workers’ compensation, particularly in cases covered by Labor Law 240.
- Serious and Long-Term Injuries: Scaffolding falls often lead to injuries with long-term effects, and calculating fair compensation is complex. A lawyer can work with medical experts to project future medical needs and loss of income.
The Importance of Hiring a Construction Accident Attorney
Navigating the legal system after a scaffolding fall can feel impossible, especially when you’re recovering from a traumatic injury. Experienced construction accident lawyers can take on the legal burden, allowing you to focus on healing.
Here’s why you need a construction accident lawyer in these cases:
- Investigating the Accident: An attorney can gather and analyze evidence, identify responsible parties, and build a strong case on your behalf.
- Handling Insurance Companies: Insurance companies often aim to minimize payouts. A lawyer will handle all communications, fighting for the full and fair compensation you deserve.
- Understanding New York’s Scaffold Law: New York’s Labor Law 240 provides critical protections, but navigating its nuances requires legal experience. Your lawyer will ensure your case aligns with New York law and work to hold any liable party accountable.
- Calculating Damages: A scaffolding fall's physical, emotional, and financial impacts are significant. A construction accident lawyer can help you seek compensation for medical expenses, lost income, pain and suffering, and more.
Contact The Perecman Firm After a Scaffolding Fall Injury
If you’re dealing with injuries from a scaffolding fall, know that you’re not alone. At The Perecman Firm, we understand your uphill battle and are committed to guiding you through every step.
When you contact us, you’ll speak with an experienced New York City personal injury attorney who will explain your options and help you make informed decisions. We take pride in advocating for those who’ve suffered, ensuring that construction companies and insurers uphold their obligations to provide compensation.
Don’t let legal complexity or powerful companies deter you. We’ll fight tirelessly to secure the resources you need to recover fully and rebuild your life. Let The Perecman Firm stand by your side in this challenging time and ensure you’re treated with the dignity and respect you deserve.
Call our New York City office at 212-977-7033, our Queens, NY, office at 718-587-0108, or our Jericho office on Long Island at 516-268-0130. You can also contact us online.