Representing construction workers in scaffold and ladder accidents
Construction workers are employed in one of the country’s most dangerous industries. Thousands of construction workers are seriously injured or even killed every year. At Brady Reilly & Cardoso LLC, our New Jersey construction accident attorneys have represented construction workers in a variety of construction site accident claims. With our assistance, our clients have recovered the maximum compensation available under the law.
What causes most construction accidents in NJ?
In the United States Department of Labor, the office of Occupational Safety and Health Administration, or OSHA, is responsible for monitoring worker safety. According to OSHA statistics, there are four major causes of construction site accidents, aptly named the “Fatal Four.” These causes are:
- Being struck by an object
- Being caught in or between equipment, material, a collapsing structure, etc.
In 2015, there were 4,379 worker fatalities in private industries. Over one-fifth—precisely, 937—deaths were in construction-related incidents .
In fact, two of the top ten most commonly cited OSHA violations cited in fiscal year 2016 included scaffolding and ladder violations.
Nearly every construction worker will get on a ladder at some point, and close to two-thirds of all construction workers must use scaffolding. Thus, construction workers are exposed to a high risk of injury. The companies these workers are employed by, as well as their co-workers and other individuals, must take careful measures to prevent injuries on the job.
Common defects that lead to scaffold and ladder accidents
There are dozens of ways that ladders and scaffolding may fail during a construction job. These include:
- The use of improper materials to build the scaffolding
- Work areas that are too small
- Poor scaffolding foundations
- Inadequate safety equipment
- Excessive weight loads
- No guard rails
- Inadequate supervision
- Defective ladders
- Slick ladder rungs
- The use of old ladders
- Using ladders that are too short
- Failing to use a spotter to hold the ladder
- A lack of safety equipment
- Using ladders on unstable surfaces
- Using extension ladders without properly securing them
These are just a few of the safety violations that have caused worker injuries.
Who is responsible for scaffolding and ladder accidents in New Jersey?
If a construction worker is injured on the job, and the construction worker’s employer is liable for the conditions that caused the injury, New Jersey’s workers’ compensation laws will apply to the claim.
However, if the injury was caused by a third party, as opposed to the construction worker’s employer, the injured worker may have the right to pursue a personal injury claim through New Jersey’s court system. The injured worker must prove:
- The third party owed a duty to the injured worker;
- This duty was breached by the third party’s negligence; and
- Due to that breach, the worker suffered damages.
Each of these three elements must be proven for a personal injury claim to proceed in the New Jersey court system. Without proof of one of the claims, the claim will fail. Examples of third parties who may be liable for injuries include contract workers, engineers, and others who are responsible for providing and maintaining a safe working environment.
Were you injured in a ladder or scaffolding accident? Our New Jersey construction accident attorneys can help
If you or a loved one was injured in a construction accident that involved faulty or poorly maintained scaffolding or ladders, contact the acclaimed New Jersey construction accident attorneys at Brady Reilly & Cardoso today to schedule a free evaluation of your claim. To set up your meeting with our experienced attorneys, call 201-997-0030 or contact us online .