In bustling New York City, construction and scaffolding are ubiquitous. For some weeks, it feels like you cannot go a single block without passing under them. While scaffolding is vital for construction safety, it also poses injury risks. Understanding the handling of these incidents is pivotal for all stakeholders.
Employer-installed scaffolding
Scaffolding installed by employers typically channels injured employees towards workers’ compensation, which covers medical expenses and lost wages without fault attribution. New York’s scaffold law (Labor Law, Section 240) holds employers strictly liable for scaffold-related injuries if safety regulations were disregarded.
Third-party installed scaffolding
When a third party installs scaffolding, liability may extend beyond the immediate employer. Injured workers can pursue claims against the third party for negligence in installation, such as improper assembly or safety standard violations.
Injured employees
New York law affords specific rights to employees injured due to scaffolding accidents, safeguarded under the scaffold law. This law mandates employers to provide proper safety equipment and allows injured workers to seek compensation if safety regulations are breached.
Passersby injuries
Passersby injured by scaffolding may pursue personal injury lawsuits that demonstrates negligence led to their injury, like falling debris or unsafe sidewalk sheds. However, they cannot make a claim under the scaffold law.
New York City scaffolding injuries are governed by a complex interplay of laws and regulations. Whether you are an employee or a passerby, understanding these laws is vital. While workers’ compensation provides a safety net for employees, the scaffold law offers additional protection, holding employers and third parties accountable for safety standards.