Scaffold Accident Lawyer in the Bronx

If you or a loved one frequently works on scaffolds, you know that the risk of injury is always present. Falling from a scaffold or being hit by an object can cause debilitating, life-changing, and fatal injuries. In addition, victims and their families often face a long road to recovery, including steep medical bills, income losses, and other challenges. 

Workers and their families should not face financial hardship after a scaffold accident. Morgan & Morgan has your back. Our tenacious scaffold accident lawyers in the Bronx are ready to fight for the benefits and compensation you deserve. Contact us now to find out more in a free and confidential consultation.

Recent Bronx Scaffold Accidents

Scaffolds are a frequent sight with most types of construction work in the Bronx. Unfortunately, working from scaffolds can have many dangers, and accidents, such as the following, are relatively common. 

Two Workers Critically Hurt in Bronx Scaffold Collapse

According to the New York Post, two workers suffered critical injuries in October 2021 following a Bronx scaffolding collapse. The men were working on the interior construction of a building when the scaffold collapsed, sending them 20 feet to the ground. 

Bronx Contractor Cited After Worker Died

In November 2020, a 21-year-old construction worker fell almost 50 feet to his death while installing a scaffold. The Occupational Safety and Health Administration (OSHA) discovered that the employer had not trained workers on fall hazards and failed to ensure that the worker’s fall arrest harness was attached. 

While accidents can always happen during scaffold work, many incidents could be avoided. According to OSHA, lives could be saved and injuries prevented if employers and workers followed the agency’s safety standards. Lack of safety equipment, failure to train workers, and defective scaffolds can all contribute to deadly worker accidents in the Bronx. 

Causes of Bronx Scaffold Accidents 

Scaffold accidents can potentially happen anywhere and are particularly common on construction sites. Poor weather conditions, defective scaffolds, and falling objects can all cause devastating accidents. Common causes for scaffolding injuries and deaths can include: 

Incorrect Scaffold Construction

A scaffold that has been constructed improperly can be extremely dangerous as it could collapse and send workers, materials, and tools plunging to the ground. Incorrect scaffold construction can include:

• Failing to install an appropriate platform for the worker erecting the scaffold
• Constructing the scaffold too close to overhead powerlines
• Failure to install tie-ins 
• Using weak and damaged planks 
• Using parts from different manufacturers
• Failing to install guardrails and bracing
• Failing to cover scaffolds when work is taking place overhead

Lack of Scaffold Repair and Maintenance 

All scaffold parts, including the planks and platforms, should be regularly inspected before, during, and after use. Supervisors should promptly address breakage, rust, warps, and other visible deterioration. Replacement parts should not be “mixed and matched” between several manufacturers. A scaffold that is not regularly inspected can become a significant hazard for workers and anyone in the vicinity.

Poor Weather Conditions

Inclement weather and extreme temperatures can make scaffold work particularly precarious. Workers may find it challenging to maintain footing in heavy winds and rain, and tools or building materials could get blown off the scaffolding. Extreme temperatures could lead to material fatigue, potentially causing damage to scaffold parts. Wintry weather, such as snow and ice accumulations, can cause scaffold overloading and worker falls. Extreme heat during the summer months can lead to dangerous worker fatigue and inattention. 

Supervisors should always evaluate the weather and take the necessary actions to keep workers safe. 

Inadequate Training

Inadequate training can lead to tragic accidents with injuries and deaths. A scaffold worker lacking safety training can be a significant hazard to themselves and others. According to OSHA, scaffold workers must receive comprehensive training by a qualified person. Employers should ensure that workers can recognize and minimize hazards. Training can include, among other topics: 

• Fall prevention 
• Safety procedures 
• Fall protection systems
• Recognizing and minimizing electrical hazards
• How to maintain a scaffold 
• Correct erecting and dismantling of the structure

Common Scaffolding Injuries 

According to OSHA, scaffolding injuries typically occur due to:

• Planking giving way
• Workers slipping and falling
• Lack of fall protection
• Workers getting struck by a falling object

Scaffold accidents often involve workers falling from a great height, potentially suffering life-changing and debilitating injuries. Injuries in scaffold accidents can include, among others: 

• Lacerations
• Bone fractures
• Traumatic brain injury (TBI)
• Spinal cord injury
• Back injuries
• Internal organ damage and internal bleeding
• Neck and back injuries 
• Loss of a limb

If you or a loved one suffered significant injuries in a construction site accident, our scaffold accident lawyers in the Bronx could help. Morgan & Morgan knows a severe injury’s physical, emotional, and financial impact on workers and their families. If your whole life has been turned upside down due to a scaffolding accident in the Bronx, or your loved one passed away, you deserve compassion and help. We can give you the personal attention and time you deserve and be by your side during this challenging time. 

Your Options as an Injured Worker

Most workers are eligible to file a workers’ compensation claim when they suffer a work-related injury or condition. However, in some circumstances, workers can file a personal injury lawsuit and pursue compensation from the party that caused their accident.

Applying for Workers’ Compensation Benefits

You could be entitled to the following benefits under the New York workers’ compensation program:

Medical Care
 
Workers’ compensation generally covers all your medical expenses related to your work injury, such as:

• Emergency treatment
• Hospital stays
• Surgeries
• In-home care
• Medicines
• Medical devices

Lost Wage Benefits

New York State workers are entitled to up to two-thirds of their average weekly wages under the state’s workers’ comp program. You could qualify for additional payments if you have a permanent disability or loss of function.

Death Benefits

If your loved one died in a scaffold accident in the Bronx, you could qualify for workers’ comp survivor benefits, including: 

• Funeral and burial costs up to $12,500
• Weekly cash payments of up to two-thirds of the deceased worker’s wage

Receiving what you deserve with a workers’ comp claim should be fast and unbureaucratic. However, this is not always the case. Sometimes, injured workers struggle to get what they deserve, for example, when an insurer denies their claim or the degree of impairment is disputed. Having a strong advocate by your side can be priceless.

Filing a Personal Injury Lawsuit

Scaffold accidents can occur due to the fault of a third party, such as a contractor, developer, or another worker. In these cases, injured workers could hold the at-fault party accountable for their damages by filing a personal injury lawsuit. At-fault parties in a personal injury lawsuit can include: 

• A negligent subcontractor
• The manufacturer of a defective scaffold or scaffold part 
• A grossly negligent employer
• A property owner
• Negligent operators of equipment or vehicles on the site

Compensation Recoverable in Personal Injury Lawsuits

If someone else caused your scaffold accident and injuries, you could be entitled to various damages, including:

• All healthcare costs relating to the injury
• Future medical expenses
• A home health aide
• Loss of wages and future loss of income
• Out-of-pocket costs
• Pain and anguish
• Emotional distress
• Loss of a limb or a sense
• Disfigurement
• Reduced life quality

It is important to note that filing a personal injury lawsuit allows injured workers to recover so-called non-economic damages, such as pain and suffering and reduced life quality. Such damages are unavailable with a workers’ compensation claim. Therefore, even if you are receiving workers’ benefits, filing a lawsuit can help you receive the full worth of your damages and hold those responsible for your accident accountable. 

Filing a Wrongful Death Lawsuit

If your loved one passed away due to another’s careless or reckless behavior, you could file a wrongful death lawsuit and seek compensation. We understand that the last thing family members of a deceased worker want to do during this difficult time is to file a lawsuit. However, taking legal action may be your only option for getting justice and avoiding future financial hardship.

In New York, a personal representative named in the will or appointed by a court files a wrongful death lawsuit. Personal representatives can include:

• The deceased workers’ spouse
• Children of the decedent
• Other close relatives such as a parent or sibling
• An individual named in the will

Damages in Wrongful Death Lawsuits

Damages in a wrongful death lawsuit can include:

• Medical expenses before death
• Lost income and lost future income from the deceased
• Funeral and burial costs
• Estate administration expenses
• Loss of services from the deceased
• Loss of parental guidance 
• Loss of inheritance

All wrongful death lawsuits are unique, and damages vary depending on the circumstances of the case. If your loved one passed away in a Bronx scaffolding accident and you need help, Morgan & Morgan is here for you. First consultations are always free. We can help you learn about your legal rights and the next best steps.