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Among the various types of construction accidents, those involving scaffolding are among the most serious. It is essential to speak to a work-related injury lawyer after any accident. Scaffolds are widely used equipment in the construction industry. They are used when people need to clean, repair, or otherwise work on a building. Because scaffolding is so widely used, scaffolding accidents are common in Buffalo and throughout the state, injuring both construction workers and pedestrians. If you have been hurt, you may have multiple options for claiming compensation.
Common Causes of Scaffolding Accidents
Although accidents can occur in many ways on scaffolding, some causes are more common than others. These include:
- Lack of fall prevention systems or fall protection
- Missing or inadequate guardrails
- Overloaded capacity on scaffolds
- Incomplete or missing platforms
- Insufficient safety locks
- Untrained workers regarding safety procedures and risks
- Debris on platforms
- Insufficient counterweight materials or a lack of counterweights
- Slippery scaffolding due to ice, snow, or other materials
Workers’ Compensation Benefits Available After a Scaffolding Accident
The workers’ compensation system in New York allows injured workers to file a claim for benefits after they are injured. Through a successful workers’ comp claim, injured workers can claim the full cost of all reasonable medical treatment. Workers can also claim two-thirds of their average weekly earnings. If a scaffolding accident is fatal, surviving loved ones of the worker can file a workers’ compensation claim for funeral and burial costs.
Most employees in New York are eligible for workers’ compensation benefits. To claim full benefits, injured workers must have been performing their duties at the time of the accident. Workers’ compensation is a no-fault system in New York, meaning even when a worker contributed to or caused an accident, they can still claim benefits.
Filing a Personal Injury Claim After a Scaffolding Accident
Because workers’ compensation is a no-fault system in New York, injured workers generally cannot sue their employer for their injuries. However, there are times when injured employees can file a personal injury claim against another liable party. For example, if you were hurt because a general contractor or property owner violated New York’s scaffolding law, you may be able to file a claim against the liable party.
Filing a personal injury claim generally takes longer than obtaining workers’ compensation benefits. However, a personal injury claim can also help you claim additional types of compensation. For example, while workers’ compensation does not provide benefits for pain and suffering, you can pursue these damages in a lawsuit.
Our Workers’ Compensation Lawyer in Buffalo Can Advise You of Your Options
If you have been in a scaffolding accident, do not file a claim on your own. At Sawers & Sackel, our Buffalo workers’ compensation lawyer can review the facts of your case, determine the best course of action for compensation, and guide you through the process. Call us now at 716-455-2416 or contact us online to schedule a consultation and to learn more about how we can help.