Scaffolding and Ladder Accidents
Workplace accidents can be the result of a number of factors but there are few accidents that are more frightening than scaffolding and ladder accidents. Both piece of equipment are used extensively in various fields including construction fields, window washing and by painters and bricklayers. Victims of scaffolding and ladder accidents can suffer serious injuries and if those injuries are the result of neglect victims may need a personal injury lawyer to help them recover financially.
Outcomes of Scaffolding and Ladder Accidents
Occupational Safety and Health Administration (OSHA) maintains records of all workplace accidents. Some of the types of injuries that can occur when a scaffolding or ladder is in use include:
- Broken bones – One of the most common injuries that are suffered after a fall from a scaffold or ladder is broken bones. Depending on the severity of the fall, victims may break arms, legs, backs or their necks.
- Head injuries – falls from any height can cause head injuries and one of the injuries that are frequently reported after a fall from a ladder or scaffolding is a fractured skull. Unfortunately, these injuries can result in long-term issues including traumatic brain injuries.
- Death after fall – Depending on the height of the ladder or scaffolding, the surface the victim is landing on and other factors, victims of falls may lose their lives.
Holding the Right Person Accountable
When an accident is the result of negligence, the responsible parties must be held accountable and reimburse victims and their families for their loss including medical bills, time lost from work and wrongful death. Under N.Y. LAB. LAW § 240 : NY Code – Section 240: Scaffolding and other devices for use of employees, employers have an obligation to ensure employees are safe when using ladders and scaffolding.
Responsibility may be assigned to an employer who fails to follow proper safety procedures, in the case of ladders, a manufacturing defect could mean the manufacturer is responsible and in other cases, co-workers or third parties who erect scaffolding incorrectly may be held accountable.
How a Lawyer Can Help
When you are injured in a workplace accident involving a ladder or scaffolding, you will likely have to spend time in the hospital, you may need surgery and you will have to have rehabilitation therapy before returning to work. In some cases, it may be impossible to return back to work depending on the severity of your injuries. While Worker’s Compensation will pay some of your expenses, the long-term financial implications cannot be ignored. A lawyer can help your family recover financially by filing a personal injury claim for:
- Lost wages – While you may collect some benefits while you are unable to work, you will still be making less money than if you were working full-time.
- Pain and suffering – Broken bones, fractured skulls and other injuries not only mean long recovery times but also mean you are in pain for a lot of the time while you are recovering.
- Rehabilitation costs – Regardless of how minor your injury is there is a good chance if you fall from a scaffolding or ladder you will require some rehabilitation to prepare to return to work.
- Wrongful death – Under New York law, a lawyer can work with the administrator of the estate of the decedent to assist the heirs and beneficiaries in filing a wrongful death claim.
While there are certain risks associated with using ladders and scaffolding on the job, if an accident is caused because scaffolding was not properly secured, if a ladder malfunctioned or because proper safety precautions were not observed, you may have the basis for a personal injury lawsuit. If you are uncertain if the accident rises to the level of personal injury, contact Attorney Ivan M. Diamond at 877-960-1702 for a free case evaluation and consultation. As an accident lawyer, I am committed to ensuring you are not facing financial challenges after an accident caused by someone’s negligence.
The Law Offices of
888 Grand Concourse #1L
Ivan M. Diamond
Bronx, NY 10451
Phone: (718) 588-2000
Ivan M. Diamond is available for home and hospital visits, as well as weekend and evening appointments.
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