$6 Million Settlement: Brooklyn Waterproofer’s Scaffold Fall Leads to Spinal Injuries

$6 Million Settlement: Brooklyn Waterproofer’s Scaffold Fall Leads to Spinal Injuries

Falls from scaffolds are a major cause of injury and death in the construction industry. In New York, where the skyline is ever-changing, construction workers face these risks daily. A recent case highlights these dangers: a Brooklyn waterproofer who fell from a scaffold, suffering severe spinal injuries, has been awarded a $6 million settlement. This blog post will explore the details of this case, the legal aspects of scaffold accidents in New York, and what steps workers can take to protect themselves.

The Brooklyn Scaffold Fall: A Case Overview

A union waterproofer was working on a construction project in Brooklyn when he fell from an exterior scaffold. Critically, he was not provided with any safety devices. As a result of the fall, the worker suffered herniated discs in both the cervical and lumbar regions of his spine. These injuries led to significant pain, loss of enjoyment of life, and substantial economic damages, including lost income, union benefits, and future healthcare costs.

The case was brought before the Supreme Court in Kings County. Attorneys Daniel P. O’Toole and Frederick C. Aranki of Block O’Toole & Murphy managed to secure a $6 million settlement for the injured worker, avoiding a trial. This outcome underscores the serious consequences that can arise from scaffold accidents and the importance of ensuring worker safety on construction sites.

Scaffold Accidents: A Stark Reality

Falls from scaffolds make up 25% of construction deaths in New York. According to the U.S. Bureau of Labor Statistics, scaffold-related incidents cause approximately 4,500 injuries and 50 deaths each year across the nation. OSHA estimates that following safety protocols could prevent 4,500 injuries and 50 deaths annually, saving American employers about $90 million in lost workdays.

Common Causes of Scaffold Accidents

Several factors contribute to scaffold accidents. A recent study by the U.S. Bureau of Labor Statistics indicated that 72% of scaffold accidents are due to:

  • Scaffold support or planking giving way: This can result from defective equipment or improper assembly.
  • Slipping or tripping: Hazards include slippery surfaces or a lack of guardrails.
  • Falling objects: Tools, equipment, or materials that are not properly secured can strike workers on or below the scaffold.

Other causes of scaffolding accidents include:

  • Electrocution: Contact with power lines is a significant risk when working with metal scaffolding.
  • Environmental conditions: High winds, rain, and hazardous substances can compromise scaffold safety.
  • Inadequate fall protection: Absence of proper safety harnesses and guardrails.
  • Overloading: Exceeding the scaffold’s weight capacity can lead to collapse.

Common Injuries in Scaffold Accidents

Scaffold accidents can lead to a wide range of injuries, including:

  • Spinal Cord Injuries: Even a minor fall can result in spinal cord damage, leading to paralysis and chronic pain.
  • Traumatic Brain Injuries (TBIs): Ranging from concussions to severe brain damage, TBIs can cause cognitive impairments and memory loss.
  • Broken Bones: Falls can cause fractures throughout the body, with severity depending on the height of the fall.
  • Internal Organ Damage: The impact from a fall can cause damage to internal organs, leading to life-threatening complications.
  • Cuts and Lacerations: Sharp edges and falling debris can cause cuts and lacerations.

New York’s Scaffold Law: Protecting Workers at Heights

New York has specific laws in place to protect construction workers who work at elevated heights. Section 240 of the New York Labor Law, also known as the “Scaffold Law,” mandates that property owners and contractors provide adequate safety protection to workers on scaffolds, ladders, and other elevated surfaces.

The law imposes “absolute liability” on contractors and property owners. This means that if a worker is injured in a gravity-related accident due to a failure to provide proper safety equipment, the owner or contractor can be held liable, regardless of fault. The injured worker only needs to prove that a violation of the statute occurred and that this violation was the direct cause of their injuries.

The Scaffold Law covers a wide range of construction activities, including demolition, cleaning, painting, altering, repairing, erecting, and pointing of a building. It applies to various safety devices, such as scaffolding, ladders, hoists, stays, slings, hangers, pulleys, braces, blocks, irons, and ropes.

OSHA Regulations: Ensuring Scaffold Safety

The Occupational Safety and Health Administration (OSHA) also has comprehensive regulations for scaffold safety. These regulations cover various aspects of scaffold design, construction, and use. Key OSHA requirements include:

  • Guardrails: Guardrails must be installed on all open sides of scaffolds above 10 feet. Top rails must be between 38 and 45 inches high and withstand at least 200 pounds of force.
  • Fall Protection: Fall protection is required at heights of 10 feet or more. Options include guardrails, safety harnesses, or personal fall arrest systems.
  • Safe Access: Safe access to scaffolding platforms must be provided using ladders, stair towers, or ramps.
  • Weight Capacity: Scaffolds must be able to support at least four times their maximum intended load.
  • Inspections: A competent person must inspect scaffolding before each work shift.
  • Training: Workers must be trained in scaffold setup, fall protection, and hazard recognition.

What to Do After a Scaffold Accident

If you or someone you know has been involved in a scaffold accident, it is crucial to take the following steps:

  1. Seek Medical Attention: Immediate medical attention is paramount. Even if injuries seem minor, internal injuries may not be immediately apparent.
  2. Report the Accident: Ensure the accident is reported to the employer and documented in writing.
  3. Gather Evidence: If possible, collect evidence from the scene, such as photos of the scaffold, safety equipment, and the surrounding area.
  4. Consult an Attorney: Contact a qualified construction accident attorney who can evaluate your case and explain your legal options.

Seeking Legal Assistance

Construction accident attorneys can help injured workers navigate the complexities of New York’s Scaffold Law and pursue compensation for their injuries. They can investigate the accident, gather evidence, and negotiate with insurance companies to reach a fair settlement. If a settlement cannot be reached, they can represent the worker in court to pursue a lawsuit.

Preventing Scaffold Accidents: A Collective Responsibility

Preventing scaffold accidents requires a collective effort from employers, contractors, and workers. Employers and contractors must prioritize safety by:

  • Providing proper safety equipment and training.
  • Ensuring scaffolds are properly constructed and inspected.
  • Adhering to OSHA regulations and New York’s Scaffold Law.

Workers must also take responsibility for their safety by:

  • Using safety equipment properly.
  • Following safety procedures.
  • Reporting any safety concerns to their supervisors.

Conclusion

The $6 million settlement in the Brooklyn waterproofer’s case underscores the serious consequences of scaffold accidents and the importance of prioritizing worker safety. By understanding the risks, knowing their rights, and taking proactive steps to prevent accidents, construction workers can protect themselves from injury and ensure they return home safely each day.