You may have worked in construction for years with few injuries. However, falls are commonplace in construction and in your new job, you are working from scaffolding at the side of a building.
In the state of New York, scaffolding must meet the standards described in Labor Law Section 240. Depending on the circumstances, you could hold a third party responsible for your injuries if you suffer a fall.
About the Scaffold Law
Labor Law Section 240 is often called the Scaffold Law since it addresses “Scaffolding and Other Devices for Use of Employees. “ According to the law, scaffolding and other devices related to construction work such as ladders, ropes, hoists and braces must provide adequate protection to workers.
According to Section 240, scaffolding that is more than 20 feet from the ground must have an attached safety rail that is at least 34 inches high and extends around the length of the outside and ends of the scaffold. Additionally, the scaffold must be fastened in such a way that it will not sway away from the building. It must also be able to bear four times the required maximum weight when occupied.
If you sustain injuries in a fall from a scaffold, you may be able to obtain compensation in addition to the benefits you are due through workers’ compensation. For example, if the scaffold flooring or safety rail gave way, the scaffold manufacturer could bear liability. Your injuries may be severe and your medical bills extensive. You have a right to pursue full and fair compensation from a third party whose product was faulty and contributed to your injuries.