In New York, scaffolding accidents are a real threat to construction workers. According to the National Safety Council, scaffolding is consistently on the list of top 10 violations reported by OSHA. In fact, scaffolding has consistently remained in the top five. There are situations where scaffolding falls occur due to an accident, but sometimes negligence by the employer or manufacturer may lead to deadly accidents for construction workers. A falling scaffold can be deadly, and those who fall from scaffolds may suffer serious, if not life-threatening, injuries.
Problems with scaffolding begin with the manufacturer. It is the manufacturer’s job to ensure that the design is safe, and that scaffolding goes through the proper testing and lives up to the safety standards. When a manufacturer fails to do this, it can lead to serious injuries of construction workers. All scaffolds and scaffold components must be free of any defects. A qualified inspector can determine if a scaffold is safe or is not.
The New York Labor Law Section 240 places the responsibility of a worker’s safety in the hands of the contractor or work site owners. If either of these parties fail to pay mind to safety regulations and do not provide a safe work environment with regard to falls and falling objects, then they are liable for the accident. This law imposes absolute liability, which means that the injured worker does not have to be an employee of the contractor or work site owner. In some cases, both the contracting team and the site owner may be responsible for a worker’s injuries.
NOTICE: This information is solely for educational purposes. It is not legal advice.
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