New York City Scaffolding Accident Attorneys

Are You in Need of a New York City Scaffolding Accident Lawyer?

construction safety infographic prevent falls

Scaffolds are used in virtually every major construction project. They are temporary structures that are built onsite to give workers elevation and access to all parts of the building. An estimated 65% of construction workers perform their duties on or from a scaffold, much of the time at extreme heights. Slip-and-fall accidents on scaffolds can be fatal, and many workers die due to falls from scaffolds every year.

These accidents usually can be avoided if hazards are addressed immediately and with the appropriate measures. However, it is not uncommon for safety violations to be committed, either by employees or employers. Injured victims may be entitled to compensation for the damages they have suffered as a result.

Attorneys at Wingate, Russotti, Shapiro & Halperin, LLP, have more than 50 years of experience handling cases for workers and families of workers in the construction industry.

We understand that if you have been injured in a fall from a scaffold in New York City, you will be faced with costly medical bills, loss of present and future income, and a long and painful period of recovery. Call us today at (212) 986-7353.

Why Choose Our New York Scaffolding Accident Attorneys?

More Than $2 Billion Recovered for clients throughout New York
Over 50 Years of Experience handling construction and scaffolding cases
Named Among Best Law Firms by U.S. News & World Report
Perfect 10.0 Superb Avvo Rating for legal performance and client satisfaction
Top 10 Law Firms in NYC for Client Satisfaction by the American Institute of Personal Injury Attorneys™
Recognized by Super Lawyers Magazine based on peer reviews and independent research

Common Causes of Scaffold Accidents in NYC

There are many ways in which structural failure can occur with scaffolds, and they are all connected to human error. Common causes of scaffold accidents include the following:

Scaffolding is not stabilized or secure.
Scaffolding is assembled incorrectly.
Scaffolding is built without handrails or guards.
Scaffolding is not kept in good condition.
Scaffolding has not been adequately tested.

All of the above can lead to scaffolding collapse, failure, and deterioration. Accidents can also be caused by slippery or loose scaffolding.

New York State Labor Laws

Special labor laws established in New York State give workers the right to expect a safe working environment. If they suffer injury due to negligence, workers are entitled to compensation for their damages. These specific provisions address worker issues:

Section 200: Requires employers and contractors and their agents to provide a safe working environment for employees. This provision also holds them liable in a workplace injury incident.
Section 240: Details measures that must be taken to prevent falls and injuries.
Section 241(6): Defines compliance with the New York State Industrial Code and establishes liability for any violations of the Code.

The full text of the statutes can be found through a search of New York State's Labor Laws. A New York City construction site injury lawyer can also help you gain a comprehensive understanding of these provisions.

Understanding the New York Scaffold Law (Labor Law 240)

New York's Labor Law §240, often called the Scaffold Law, provides powerful protections for workers involved in elevation-related tasks. This law holds building owners and general contractors strictly liable when workers are injured due to the failure to provide proper scaffolding or safety devices.

Key provisions include:

Applies to construction, demolition, repair, painting, and cleaning tasks at heights
Covers workers injured due to scaffold collapse, falling objects, or lack of harnesses or guardrails
Liability applies even if the worker was partially at fault—employers cannot escape responsibility by blaming the victim
Strict liability means that proof of negligence is not required if the law was violated and injury occurred

The Scaffold Law is unique to New York and acts as a powerful tool in securing justice for injured workers. WRSMH has decades of experience using §240 to secure significant verdicts and settlements for clients harmed in scaffolding accidents.

Who Can Be Liable for a Scaffolding Accident?

Scaffolding accident cases often involve multiple responsible parties. Determining who can be liable requires a detailed investigation. Potentially liable entities include:

Property Owners: Under NY Labor Law §240, owners of buildings (excluding one- and two-family homeowners not directing the work) can be held strictly liable for falls from scaffolding.
General Contractors: Responsible for maintaining a safe worksite, contractors may be held accountable for safety violations and improper equipment use.
Subcontractors: If a subcontractor's failure to follow safety protocols contributed to the accident, they may also bear liability.
Scaffold Manufacturers: In some cases, the scaffold itself may have been defective or structurally unsound.
Maintenance or Rental Companies: If a rented scaffold was in poor condition, the rental or maintenance provider could be partially responsible.

Reasons to Hire a Scaffolding Injury Lawyer in NYC

Scaffolding cases are among the most complex types of construction injury litigation. They require:

Deep knowledge of New York's labor laws
Experience analyzing site safety protocols and OSHA regulations
Access to expert witnesses
The resources to go up against large construction firms and insurance companies

At WRSMH, we've handled these types of cases for over 50 years. We don't just negotiate—we prepare every case for the courtroom, ensuring the best possible leverage for settlement or trial.

If you or a loved one has suffered a scaffolding injury, call us today at (212) 986-7353 to schedule your free consultation. Let us advocate for the justice and compensation you deserve.

What Compensation Can You Recover?

If you've been injured in a scaffolding accident, you may be entitled to substantial compensation beyond what workers' compensation provides. While workers' comp covers basic medical costs and a portion of lost wages, a third-party lawsuit can offer a far broader recovery, including:

Medical Costs: All treatment-related expenses, including surgeries, rehabilitation, and long-term care
Lost Wages: Recovery of income lost during recovery as well as reduced future earning potential
Pain and Suffering: Compensation for physical pain, emotional distress, trauma, and permanent disability
Loss of Enjoyment of Life: For injuries that limit daily activities, hobbies, or personal relationships
Wrongful Death Damages: Funeral costs, lost income, and loss of companionship for families of deceased workers

Our attorneys at WRSMH understand how to fully calculate and pursue these damages so that you and your family are not left struggling.

Safety Requirements for Scaffolding in NY

infographic construction accident safety

The Occupational Safety and Health Act (OSHA) was enacted in 1970, but it was in 1971 that Congress turned its full attention to scaffolding accidents, specifically, trying to avoid them. In 1996, Congress revised the "Safety Requirements for Scaffolding 1910.28" to identify three main points of scaffolding safety, and these requirements are still being used today.

Unfortunately, not all companies and workplaces take the time to ensure that full safety measures are in place in these identified areas, and that can lead to scaffolding accidents. It is important for victims of these accidents to know what the requirements are so that they can seek compensation for negligence if it has occurred. The three main points identified by the OSHA in proper scaffolding use are:

Proper training: Every individual working on scaffolding should have full knowledge about the scaffolding they are on – when to move on it, what the dangers are, and how to remain safe while on it.
Ladders and guardrails: Scaffolding of varied sizes requires ladders and guardrails of varying sizes. Proper, functional ladders and guardrails must be installed on all scaffolding ten feet or more off the ground.
Personal protective equipment (PPE): The most important PPE for scaffolding workers is fall protection, typically in the form of a harness. This PPE must be worn by all workers any time they are on the scaffolding.

The above requirements apply to all types of scaffolding. The three main types of scaffolding are:

Supported scaffolding: Platforms on these scaffolds are supported by poles or frames to help keep them steady. This is the most common type of scaffold found on construction sites.
Suspended scaffolding: These scaffolds have platforms, too, but instead of holding steady on poles, they are suspended from above with wires or ropes. Suspended scaffolding is the type used by window washers.
Aerial lifts: More commonly referred to as "cherry pickers," aerial lifts are, in fact, a type of scaffolding. They are lifts mounted on a vehicle and are most frequently used when a person needs to be lifted, but typically not to a very great height. Utility companies sometimes aerial lift these when working on wires.

construction safety infographic on fall hazards

The law states that every employer should have a "competent person" present any time scaffolding is going to be used. This individual is to inspect the scaffolding before it is used to ensure its safety. The competent person must be present any time the scaffolding is erected, moved, dismantled, or altered. This person is also responsible for making sure any person working on the scaffolding is wearing the PPE provided by the employer. These daily inspections will be in addition to the regular inspections performed by OSHA.

While it is easy for workers to blame the employer when a scaffolding accident has occurred, employers are not always at fault. There can be a number of parties responsible in scaffolding accidents, including subcontractors, manufacturers, leasing companies, vendors, and equipment designers.

What Are Some Types of Scaffolding?

Distinct types of scaffolding are used for different purposes on New York construction sites. Regardless of the type of scaffolding used, safety regulations and precautions must be rigorously observed to prevent tragic accidents. Common types of scaffolding include:

Tubular steel scaffolding: This construction is sturdier than wood scaffolding. Manufacturer recommendations must be followed in erecting the scaffold, and all connections must be seated and locked properly.
Wood scaffolding: It is crucial that each wood scaffold is designed to carry the full load of the work being done – including workers, building materials, tools and equipment, and the weight of the scaffold itself. Lumber used in constructing wood scaffolding must be of decent quality.
Rolling Scaffolds/Baker Scaffolds: Rolling scaffolds are designed to be portable. Caster brakes or wheel locks should be in use at all times when rolling scaffolds are not being moved. Workers should not ride rolling scaffolds while they are in motion or attempt to move them by pulling on overhead structures. All items and equipment on a rolling scaffold should be removed or secured before the scaffold is moved.
Pole scaffolds: There are two categories of pole scaffolds -- light trades and heavy trades. The light trades category is used by painters, carpenters, and other trades that do not bring heavy loads to the scaffold platform. Steelworkers, stone masons, bricklayers, and concrete workers use heavy trades pole scaffolds.

Scaffolding Inspections

Under the NYC Building Code, adjustable and non-adjustable suspended scaffolds are subject to installation inspection. Inspection is required when the scaffold is installed at the site, when it is relocated to a new drop, or when any part or attachment is added, relocated, or removed. The scaffolding inspection must be performed by:

A licensed rigger (or a licensed sign hanger if the scaffold is to be used exclusively for sign hanging);
A rigging foreman employed and designated by a licensed rigger (or a sign hanging foreman employed and designated by a licensed sign hanger if the scaffolding is to be used exclusively for sign hanging);
A professional engineer or architect licensed or registered in the state of New York; or
A person employed and supervised by a licensed engineer or registered architect in the state of New York.

However, when the integrity of the scaffolding support surface is in question or when parapet clamps are used, a New York State licensed engineer or registered architect must perform the inspection.

What Are Common Injuries in Scaffold Accidents?

New York City construction workers are injured in scaffold accidents every year. Scaffolds are often constructed at significant heights, and falls from heights or falling objects dropped from scaffolds can cause catastrophic or fatal injuries.

Types of injuries common in scaffold accidents include:

Back and neck injuries
Arm and elbow injuries
Traumatic brain injury
Spinal cord injury (causing paraplegia or quadriplegia)
Amputations
Death

Why You Need a NYC Construction Accident Lawyer

If you have been seriously injured on the job, your best chance of recovering full compensation is to have an experienced New York scaffold accident lawyer handling your case. The workers' compensation insurance company may refuse or try to lessen the amount of your claim. Our New York City construction injury attorneys can help you file your claim and handle an appeal if necessary.

Your injuries may have been preventable if the contractor or property owner had followed the appropriate OSHA safety guidelines and had provided the required safety training. In addition to workers' compensation benefits, you may have a third-party claim for compensation. We can thoroughly investigate your accident to determine fault and liability and vigorously pursue the compensation you deserve.

Other Locations We Serve in New York

Frequently Asked Questions

What is considered a scaffolding accident?

Any injury in NYC involving a fall from scaffolding, collapse of a scaffold, falling materials from above, or injury due to improper assembly or lack of safety equipment qualifies.

Can I sue if I'm already getting workers' compensation in New York?

Yes. You can pursue a third-party lawsuit against any non-employer party who contributed to the accident. This lawsuit can provide compensation for losses not covered by workers' comp.

Who pays for my injury damages?

In a third-party accident claim, liable parties may include building owners, general contractors, or equipment providers. Compensation is paid through their insurance carriers or in court-awarded verdicts.

How long do I have to file a lawsuit in NYC?

In most cases, you have three years from the date of injury. However, claims against government entities have shorter deadlines. Speak with an attorney as soon as possible.

What if the scaffold was rented?

If the scaffold was defective or poorly maintained, the rental company may be liable for providing unsafe equipment.

How much does it cost to hire WRSMH?

We work on a contingency fee basis, meaning you pay nothing unless we win your case. We also provide free consultations.

Contact Our NYC Scaffolding Accident Lawyers

The New York City personal injury attorneys at Wingate, Russotti, Shapiro & Halperin, LLP, represent injured construction workers and laborers in scaffolding accident claims.

Our attorneys are recognized leaders in New York construction injury litigation, bringing decades of experience, deep knowledge of labor laws, and a commitment to justice for injured workers. Call us at (212) 986-7353 to schedule a free consultation after a serious scaffolding accident.