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Claiming compensation after a scaffolding accident



January 13th, 2016

The Labor Law Section 240, also known as the “Scaffolding Law“, states that owners and general contractors of construction sites must provide workers with the proper fall protection equipment when they are required to work at heights. However, if you or a loved one has incurred an injury or wrongful death in a scaffolding accident, you have the right to claim compensation.

The Three Main Laws

There are three main laws in place to protect those working or passing by scaffolding:

  1. The Personal Protective Equipment at Work Regulations 1992. This Act states that employers and/or those in control of workers are obliged to provide personal protective equipment wherever there is a risk of injury associated with a task. The regulations for proper maintenance and instructions need to be provided to ensure that all safety equipment is appropriately used by employees.
  1. The Provision and Use of Work Equipment Regulations 1998. These regulations state that workers must be provided with equipment that is safe and suitable for the job to be conducted. The regulations also specify that any equipment provided must be accompanied by appropriate personal protective equipment and that appropriate training regarding use of the equipment must be provided.
  1. The Work at Height Regulations 2005. These regulations apply to all work conducted at heights, where there is a risk of a worker falling and sustaining a personal injury. The regulations provide for employers and those in control of the workers must be properly planned and organized, so that those working at a height have the necessary training and appropriate safety equipment made available to them. The regulations also provide for inspection and maintenance of the equipment to ensure the safety of the individual working at a height and for those around them.

Types of Scaffolding Accidents That Can be claimed

The different types of scaffolding accidents that can be claimed include:

  • Inadequate safety procedures
  • Weak planking
  • Insecure or non-existent bracing
  • Insufficient on-the-job training
  • No protective gear issued or worn on the job
  • Injuries caused by a falling load

Talk to An Attorney for Your Scaffolding Accident’s Claim

If you or a loved one has incurred an injury or wrongful death in a scaffolding accident due to someone else’s negligence, you are entitled to compensation. Contact our scaffolding accident attorney to discuss your case.

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