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Scaffolding Accident Statistics

A study by the Bureau of Labor Statistics (BLS) found that 72% of scaffold accidents are linked to one of three primary causes:

  • Structural failures, such as scaffold supports or planking collapsing due to defective materials or improper assembly.
  • Slips and trips caused by slick surfaces, inadequate guardrails, or other unsafe conditions on the scaffold.
  • Falling objects striking workers, either those on the scaffold or individuals below.

The remaining 28% of scaffold-related accidents are attributed to other hazards, including:

  • Electrocution from scaffolds or equipment coming into contact with power lines.
  • Adverse environmental conditions, such as strong winds, rain, or exposure to hazardous substances.
  • Insufficient fall protection, increasing the risk of workers falling from significant heights.
  • Scaffold collapse due to exceeding weight limits.

Data from the Occupational Safety and Health Administration (OSHA) indicates that scaffolding accidents contribute to approximately 80 fatalities and over 10,000 injuries at construction sites annually. With around 900 total construction site fatalities per year, scaffolding incidents alone account for nearly 10% of these deaths.

According to the BLS, scaffold-related accidents result in an estimated 60 fatalities and 4,500 injuries each year. Falls from scaffolds make up approximately 25% of all fatal falls in workplace settings. In the US, approximately 2.3 million construction workers—about 65% of the industry—regularly work on scaffolds, highlighting the importance of strict safety measures to prevent these accidents.

Types of Scaffolding

There are various types of scaffolding used in construction, each designed for specific job site needs. Some of the most common include:

  • Supported Scaffolds – These are the most frequently used scaffolds, consisting of platforms supported by rigid structures such as poles, frames, or brackets.
  • Suspended Scaffolds – These platforms hang from overhead support systems using ropes or cables, often used for window washing or exterior building maintenance.
  • Rolling Scaffolds – Also known as mobile scaffolds, these structures are mounted on wheels, allowing for easy movement across a job site.
  • Aerial Lifts – These mechanized platforms, such as boom lifts and scissor lifts, provide workers with elevated access to various job site areas.
  • Cantilever Scaffolds – These are supported at one end while the other extends outward, useful in situations where ground support is limited.
  • Tube and Coupler Scaffolds – These flexible scaffolding systems use metal tubes and couplers to construct scaffolds of varying heights and configurations.

Common Types of Injuries from Scaffolding Accidents

Scaffolding accidents often result in severe or fatal injuries due to the high elevations at which workers operate. Some of the most common injuries include:

  • Traumatic Brain Injuries (TBI) – Falls or impacts from falling objects can cause severe head trauma, leading to long-term cognitive issues.
  • Spinal Cord Injuries – A worker who falls from a scaffold may suffer damage to the spinal cord, leading to paralysis or permanent disability.
  • Broken Bones and Fractures – Falls, scaffold collapses, or being struck by equipment can cause fractures, some requiring extensive surgery.
  • Internal Organ Damage – Severe impacts may result in damage to internal organs, leading to life-threatening complications.
  • Electrocution Injuries – Contact with live electrical wires near scaffolds can result in burns, nerve damage, and cardiac arrest.
  • Lacerations and Amputations – Sharp or defective scaffold components can cause deep cuts or even result in the loss of fingers or limbs.

What Laws Protect Your Rights in Scaffolding Accidents in New York?

New York has some of the strongest labor laws in the country to protect construction workers, particularly those injured in scaffolding accidents. These include:

  • New York Labor Law § 240 (The Scaffold Law) – This law holds property owners, tenants, and contractors strictly liable for injuries resulting from falls or falling objects due to unsafe scaffolding. Workers do not need to prove negligence, only that the law was violated.
  • New York Labor Law § 241 – Requires contractors and property owners to follow strict safety codes on construction sites, including those related to scaffolding.
  • New York Labor Law § 200 – Mandates that employers provide a safe work environment and take reasonable steps to prevent scaffolding-related hazards.
  • Occupational Safety and Health Administration (OSHA) Regulations – Federal laws impose safety requirements for scaffold use, including guardrails, fall protection, and load capacity limits.

Who Can Be Held Liable for a Scaffolding Accident?

Depending on the circumstances of a scaffolding accident, multiple parties may be held responsible, including:

  • General Contractors and Subcontractors – Responsible for ensuring scaffolding meets safety regulations and that workers are properly trained.
  • Property Owners and Developers – Under New York’s Scaffold Law, property owners may be strictly liable for scaffolding-related injuries.
  • Scaffold Manufacturers and Suppliers – If defective scaffolding equipment contributed to an accident, the manufacturer may be held accountable.
  • Employers – While workers' compensation usually covers employer liability, exceptions exist if willful negligence is proven.
  • Other Third Parties – Engineers, maintenance crews, tenants, or other contractors working on-site may also share liability if their negligence played a role in the accident.

If you or a loved one has been involved in a scaffolding accident, legal representation from our experienced scaffolding accident attorney in New York can help maximize your financial recovery.

Frequently Asked Questions on Scaffolding Accident Claims in NYC

Can I file a claim if I was injured while assembling or dismantling a scaffold?

Yes, workers injured while assembling or dismantling scaffolding may have a strong claim under New York Labor Law §240(1), which specifically protects workers engaged in erection, demolition, repairing, altering, painting, or cleaning tasks involving scaffolds. The law holds property owners, their agents, and contractors strictly liable for scaffolding-related injuries, even during setup or takedown.

What if the scaffold was rented from a third-party company—who is liable?

If the scaffolding was rented from an external company, liability may extend beyond your employer. The rental company could be held responsible if the scaffold was defective, improperly maintained, or failed to meet safety standards. Your claim may involve multiple defendants, including contractors, property owners, and equipment providers.

Can I still file a claim if I wasn’t wearing fall protection gear at the time of the accident?

Yes, under New York’s Scaffold Law (Labor Law §240), liability often falls on the property owner or contractor, not the injured worker. Even if you were not wearing a harness or other fall protection, the law generally favors workers and recognizes that employers must provide adequate safety equipment.

Does my immigration status affect my right to file a scaffolding accident claim?

No, your immigration status does not impact your right to seek compensation. New York law protects all workers, regardless of citizenship or work authorization. You can pursue claims for medical expenses, lost wages, and other damages without fear of deportation or retaliation.

Are property owners liable if a scaffold collapses on public sidewalks?

Yes, if a scaffold collapses and injures pedestrians or others near a construction site, property owners, contractors, and scaffold manufacturers may all bear liability. Premises liability laws, along with labor and building codes, require property owners to ensure scaffolds are stable and properly secured.

Can I recover damages if I was hit by a falling object from a scaffold but didn’t fall myself?

Yes, Labor Law §240 protects workers from both falls and falling objects. If a tool, debris, or construction material fell from a scaffold and struck you, you may be entitled to compensation under the law.

What if my scaffolding accident was caused by extreme weather conditions?

If high winds, rain, or snow contributed to your scaffolding accident, liability may still exist if safety protocols were not followed. Employers and contractors must secure scaffolds, monitor weather conditions, and halt work when conditions become hazardous. Failure to do so could make them liable for your injuries.

Can I sue if my loved one died in a scaffolding accident?

Yes, the surviving family members of a worker killed in a scaffolding accident can file a wrongful death claim. Compensation may include funeral expenses, lost future income, medical bills, and damages for the emotional loss suffered by the family.

What is the time limit for filing a scaffolding accident lawsuit in New York?

New York’s statute of limitations for personal injury claims is generally three years from the accident date. However, wrongful death claims must be filed within two years. If a government entity is involved, you may have as little as 90 days to file a notice of claim.

Can I still file a claim if my employer is pressuring me not to?

Yes, you have the legal right to file a claim regardless of employer pressure. Retaliation for reporting workplace injuries or filing a claim is illegal in New York. If your employer threatens you, consult a scaffolding accident attorney immediately to protect your rights.

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