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What is a Scaffolding Accident?
A scaffolding accident refers to an incident that occurs on or around the temporary structure known as scaffolding, which supports workers during the construction, maintenance, or repair of a building. These accidents can lead to a range of severe or even fatal injuries. The United States Bureau of Labor Statistics (BLS) estimates that scaffold-related accidents result in approximately 60 deaths and 4,500 injuries annually. The vast majority of those deaths and injuries could be prevented if better care and safety protocols were followed by construction firms.
How Do Scaffolding Accidents Happen?
Scaffolding accidents can occur for a variety of reasons, but a significant number of them can be traced back to some form of employer or workplace negligence. Construction sites are inherently dangerous places, and when employers fail to uphold their duty of providing a safe work environment, the risk of accidents increases even more. Negligence can take various forms, each contributing to the potential for a catastrophic scaffolding incident.
A scaffolding accident might happen due to:
- Inadequate training: Employers may be required to provide proper training to workers who are expected to work on scaffolds. This includes how to safely use the equipment, recognize potential hazards, and understand emergency procedures. Lack of adequate training can lead to severe mishaps.
- Poor maintenance: Scaffolds need regular inspection and maintenance to ensure they remain safe for use. Neglecting these checks can result in structural failures, leading to accidents.
- Defective equipment: Sometimes, the scaffolding equipment itself may be faulty. Employers and some contractors have a responsibility to ensure all equipment is in good working order before it's used on the job site.
- Non-compliance with safety regulations: There are numerous safety regulations in place to protect workers on construction sites. These include specific rules for scaffold use, like weight limits and guardrail requirements. Ignoring these regulations can significantly increase the risk of a scaffolding accident.
Does OSHA Regulate Scaffolding Design & Construction?
OSHA regulations that should be followed for safe scaffolding use include:
- Design and construction: OSHA requires that scaffolds be designed by a qualified person and be constructed and loaded in accordance with that design.
- Fall protection: OSHA mandates the use of fall protection systems for workers on scaffolds, typically on scaffolds that are more than 10 feet above a lower level. Guardrail systems are also required on all open sides and ends of platforms.
- Inspections: Most scaffolds must be inspected for visible defects before each work shift and after any incident that could affect the structural integrity of the scaffold.
Is the Employer Liable for Scaffolding Accidents?
An employer can be held liable for a scaffolding accident on a construction site if it is found that they failed to uphold their duty of care towards their employees. This could involve neglecting worker safety by not providing adequate training, failing to maintain equipment, using defective scaffolding, or not complying with OSHA safety regulations.
Many construction workers don’t have workers’ compensation insurance, which would typically cover medical expenses and lost wages in the event of a workplace injury. In such cases, proving the liability of the construction site manager, property owner, or parent construction company becomes crucial to filing an injury claim in pursuit of damages.
This is where legal professionals like our NYC scaffolding accident attorneys at Keith Silverstein & Associates come into play. We can conduct a thorough investigation into the circumstances surrounding the scaffolding accident to determine who was at fault. Our investigation may include reviewing safety records, examining the scene of the accident, interviewing witnesses, and consulting with industry experts. If we can establish that negligence on the part of the employer or other party contributed to the accident, we can help you pursue a personal injury claim to recover compensation for medical bills, lost wages, pain and suffering, and other damages related to the accident.
Importance of Emergency Responses to Scaffolding Accidents
Emergency responsiveness plays a critical role in mitigating the severity of injuries and potential fatalities after a scaffolding accident on a construction site. Prompt and effective response can mean the difference between minor injuries and major, life-altering ones. A well-structured emergency response plan is essential for every construction site. This plan should clearly outline procedures for immediate communication and coordination between workers above and personnel on the ground. It’s also necessary to have specific plans for emergencies, including evacuation and rescue procedures for scaffolding.
Failure to respond adequately and timely to a scaffolding accident not only risks exacerbating the injuries of the affected workers but could also increase the employer’s or property owner’s liability for those injuries. If it’s found that a lack of or delay in emergency response contributed to the severity of a worker’s injuries, they may be held accountable in a personal injury claim.
Can You Sue After a Scaffolding Accident?
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Call us at (646) 813-3922 today or contact us online for compassionate legal counsel. We’re ready to stand by your side and guide you through this challenging time.
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