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Worker’s Legal Rights in Scaffold Accidents



February 14th, 2016
Worker's Legal Rights in Scaffold Accidents

Construction workers are frequently asked to work at dangerous heights and scaffolds are often the preferred method of doing so. As a result, scaffold accidents are unfortunately very common, and lead to serious injuries and sometimes result in physical disabilities for a long period of time, if not a lifetime.

Do Workers have Legal Rights in Scaffold Accidents?

The Labor Law Section 240, also known as the “Scaffold 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 dangerous heights. This Law was passed to protect those who work at heights. So injured workers are allowed to bring lawsuits against the party or parties responsible for the accident.

According to the Industrial Code of the State of New York and the Occupational Safety & Health Administration (OSHA), workers have several rights when it comes to working with scaffolds:

  • A worker is entitled to a properly erected/assembled and maintained scaffold with proper and secure guard rails installed along any open sides of the scaffold.
  • The scaffold must have secure planking on which the worker will stand when he/she works.
  • The worker is also entitled to be provided with a body harness which is attached to a lifeline or lanyard capable of holding 5,000 pounds. This necessary safety device protects the worker from falling to the ground if he/she falls from the scaffold.

An employer may be liable to an injured worker or a deceased worker’s family even if there were no violations of OSHA or local building and safety codes.

 

Were you injured in a scaffold accident? Call us today for a free consultation!

The construction accident lawyers at Dervishi Law Group, P.C are dedicated to protecting the rights of those injured or tragically killed, in construction scaffold-related accidents. If you or a loved one is injured in a scaffold accident, contact us today to discuss your case with our scaffold accident attorney.

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