New York Scaffold Law: What You Need to Know

The New York Scaffold Law tends to favor workers who are injured in accidents.

03:20 08 June 2022

An accident does not occur with a pre-signal, it might take place anytime and anywhere. It's really sad to say that the percentage of falls is going high compared to the previous.

 

There are many constructions that produce many fall hazards such as falling from scaffolding among is the most probably resulting in severe wounds.

 

In accordance with the New York Labor Law Section 240, the owners and contractors must be charged for the responsibility of hoists, scaffolding, ladders, and other equipment required for the workers in order to perform their duties.

 

You will be eligible for compensation if someone who is a beloved one died or is injured on the workstation as a result of owner, or manager negligence. A scaffolding attorney will assist throughout the lawsuit for the compensation.

 

More than a century ago, New York lawmakers recognized the importance of protecting workers whose jobs involve elevated heights, including protecting workers from scaffold-related accidents. This is why they passed the New York Scaffold Law.

 

This law requires owners, general contractors, and their agents who install a construction site to comply with a series of safety rules.

 

1. The railing of a scaffold must be firmly secured to prevent it from moving.
2. A scaffold must have ability to support 4 time of its maximum load
3. Safety rails must cover the entire length and all sides of the scaffold.

 

The New York Scaffold Law tends to favor workers who are injured in accidents. If you are injured in such an accident, your employer may be responsible for workers' compensation benefits and you may be entitled to additional compensation from the owner or general contractors of the construction site for safety risks related to the construction site elevation.

 

How to choose the right scaffolding?

The main factor to consider when choosing a scaffold is the nature of the work you will be carrying out. Therefore, it is necessary to determine the appropriate class, the working height, the frequency of use and the limitations related to the environment of your activities.

 

Finding the work platform that best suits your budget is an additional challenge, as the price of scaffolding varies greatly from model to model.

 

If you need a scaffolding for regular or daily use , you should know how to differentiate a scaffolding for building and public works, construction, from the appropriate scaffolding for repair, painting and regular DIY, such as gardening and landscaping.

 

1.1. Types of scaffolding to choose from

It is available in three main types, in particular:

 

Foot Scaffolds or Fixed Scaffolds – On solid ground supports called scaffold feet suitable for doing long-term site work, generally suitable for construction work.

 

Suspended Scaffold – The scaffold console or scaffold that fly without ground support for operations at height and on unstable ground.

 

Mobile or wheeled scaffolding – This is the best option for repetitive and DIY jobs.

 

1.2. Material

Scaffolding can be made of aluminum or galvanized steel. To help you make the right choice, let's look at the properties and best assignments of galvanized steel and aluminum.

 

1.3 Galvanized steel

It is a material with great rigidity, high impact and weather resistance, offers protection against oxidation inside and outside the tubes and is recyclable. This type of scaffold is ideal for working on mixed sites, both indoors and outdoors, and when frequent handling of heavy and dirty materials such as paint, plaster, etc. is required.

 

1.4 Aluminum scaffolding

This material offers lightness, longevity, great handling, very low oxidation and is recyclable. It is suitable for exteriors and interiors and when frequent handling and moving of scaffolding is required.

 

1.5 Scaffold height

This is the height of the floor or platform above which you should consider at least 2 m. This is equivalent to a man of average height with his arm raised.

 

A careful estimation of the maximum working height is essential, to ensure that you cover all your needs for everyday jobs such as remodeling the facade of your house, painting , electrical installations of interior and exterior areas, etc.

 

The models currently on the market offer lengths between 1.50 and 3.50 m. Bear in mind that longer and higher scaffold can take higher load. 

 

Opt for a scaffold with a length of less than 2 m to do painting work inside your home. This length will also serve to work on the facade.

 

1.6 Width of the scaffold

This is a criterion that prevails for interior works: passage through narrow doors and corridors, movement in confined spaces, installation of stairs.

 

1.7 Finishes

Within the finishes you can consider: folding base, adjustable wheels by threaded rod, tube diameter. Here, the regulations establish a minimum to be respected, but on this basis the manufacturer can freely choose to add active safety devices, mounting points or even material.

 

Therefore, pay attention to all the attributes of the scaffolding to make sure you can do all the everyday jobs you need to do around the house.

 

What rules should be followed when using scaffolding?

The regulations require employers whose staff use scaffolding to have the installations checked. These checks must have to be inspected by a qualified person who has vast experience in this regard and he approves it. An order of December 21, 2004 defines these various checks, their frequency and the examinations they must include.

 

To ensure the smooth running of these checks, make sure to provide the person in charge of the check with the appropriate documents and necessary information (plans and assembly and dismantling instructions, manufacturer's instructions, data relating to the ground, the nature of the supports and anchors, etc.)

 

How a New York City Scaffolding Law Firm Can Help

Seeking compensation for injuries resulting from a scaffolding accident in New York is unique compared to the aftermath of other workplace accidents. After any type of workplace accident in New York City, workers can generally begin seeking compensation by filing a workers' compensation claim. Your employer must carry specific insurance to compensate injured employees for losses sustained in workplace accidents.

 

However, some insurers may try to deny or undervalue claims. To protect her own financial interests, an insurer handling a workers' compensation claim may try to argue that her accident was not work-related. If she can prove this claim, she may lose compensation. In the worst case, she may not receive any money.

 

You will benefit substantially by hiring a New York City scaffolding law attorney. In order to claim compensation, the some important points are given below:

 

Evidence Collection

In many cases, accident victims are not well versed in legal matters. This is why you might have no idea about what types of the compensation would be precise for you. In addition, you may not be familiar with the methods used to assign a dollar value to non-financial losses, or future financial losses, such as physical therapy or lost wages.

 

Hiring a professional scaffolding accident lawyer is a good decision. Attorneys know how to account for all of your losses when determining the amount of compensation to pursue. We also know how to present evidence that can support your claim. If you don't present enough evidence, an insurer may be able to successfully convince you to accept a low offer.

 

Handling Important Tasks

Throughout the claims process, you may need to complete paperwork, communicate with adjusters, coordinate with doctors, and handle other administrative tasks. It’s a matter of time consuming while handling these types of tasks. At the end of the day, you need to focus on what's most important: your recovery. The attorney can handle all types of important deeds in the claim process on your behalf.