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Scaffolding Accident Attorneys

If you have been injured in a scaffolding accident, you may be able to seek compensation for your injuries. Your injuries could include past lost wages, future lost wages, earning capacity, medical expenses, hospital stays, etc. Scaffolding accidents could result in very severe injuries and need immediate medical attention. Scaffolding accidents are very common within the construction industry, especially in California and Nevada, which house the busiest and most populated cities in the United States. Los Angeles and Las Vegas have seen an increase in residents, and with that comes extensive construction that is necessary to have adequate housing and businesses around.

How Common Are Scaffolding Accidents?

According to the United States Bureau of Labor Statistics, scaffolding accidents are very common within the construction industry. There are around 4,500 scaffolding accident injuries every year, and there are around 60 fatalities every year in the United States. The majority of scaffolding injuries are caused from falls from high surfaces. This is a very serious issue that should not be taken for granted, and employees should be able to assert their rights in court if they are injured in a scaffolding accident.

What Compensation Could I Receive For My Scaffolding Accident Lawsuit?

There are a variety of different types of compensation you could receive for your scaffolding accident, including:

  • Past lost wages
  • Future lost wages
  • Medical bills
  • Hospitalization bills
  • Emergency room bills
  • Physical therapy
  1. Medication
  2. Emotional distress
  3. Pain and suffering

What Are Common Injuries from Scaffolding Accident Cases?

What Causes the Most Scaffolding Accidents?

There are a variety of different factors that may cause a scaffolding accident. These different causes could include:

  • Scaffolding equipment defect: when a scaffolding accident results from a defect in the equipment itself, the injured victim, also known as the plaintiff, could seek compensation from the product manufacturer, along with the product retailer. This is filed under a product liability legal claim. There is no need for the plaintiff to show negligence on behalf of any party, instead, the plaintiff needs to show that the equipment itself was defective. There are several different ways you could prove a defect, such as the way the equipment was designed, manufactured, or was sold with warranty to the public.
  • Scaffolding construction: if the scaffolding was negligently placed in an unsafe manner, and that caused the employee to sustain injuries, the employee may have a claim against the scaffolding construction company. Usually, scaffolding requires the construction employees to firmly affix the scaffolding to strong safety points. Guardrails must also be installed to prevent any accidents. Scaffoldings must always be installed by experienced employees.
  • Scaffolding maintenance: if the scaffolding is improperly maintained, and you experience injuries from a scaffolding accident, you may have a claim against the construction company, along with any inexperienced employees that failed to maintain the scaffolding. The scaffolding needs to constantly be monitored to prevent any slippery surfaces.
  • Inexperienced employees: construction accidents are very common, especially in California. One of the main causes for this is because employees are needed urgently, and construction companies do not spend enough time training their employees. Construction workers, especially those that erect scaffolding, must be trained and have years of experience in order to ensure proper safety standards and to prevent any safety violations.
  • Lack of safety equipment: even if a scaffolding accident does occur, workers must be provided adequate safety equipment to prevent any serious injuries. This includes hard hats, and fixed vests to prevent any catastrophic injuries that could potentially result.
  • Negligent co-workers: construction site accidents are often also caused by other untrained co-workers who may not take the job seriously, and may engage in negligent behavior. If you were injured by a coworker, you still may be able to hold your employer liable for the employee’s negligence. Other than filing a claim against the employee, you may also still be able to file a claim with the employer.
  • Lack of protection from falling objects: the main causes of scaffolding accidents is when employees have objects dropped on them from the scaffolding. There needs to be adequate construction materials to prevent any objects from falling down from the scaffolding.
  • Hazardous conditions: Construction sites must be constantly monitored for any severe weather conditions. Extreme weather conditions, such as wind advisories, may cause objects to fall down from high ceilings.

Which Party Could Be Liable for My Scaffolding Injury Lawsuit?

There are a variety of different parties that could potentially be liable in your scaffolding lawsuit in California or Nevada. The potential liable party, also known as the defendant, depends on the circumstances of your accident. Examples of potential defendants include:

  • Construction company
  • Construction engineer
  • Construction architect
  • Construction workers
  • General contractors
  • Subcontractors
  • Scaffolding manufacturers
  • Property owners
  • Land owners

Wrongful Death Scaffolding Injury Lawsuits

If your loved one has passed away due to a scaffolding injury, you may be able to seek compensation on their behalf through a wrongful death claim. Wrongful death claims allow family members to seek compensation on behalf of construction workers who passed away due to scaffolding injuries. The compensation differs depending on how much medical care the employee needed, along with any funeral or burial expenses.

Worker’s Compensation Scaffolding Accidents

If an employer was injured while on the job due to a scaffolding incident, they may be able to seek compensation for their injuries through a worker’s compensation claim. A worker’s compensation claim is filed with the employer to seek compensation while the employee takes time off work to heal from their injuries caused during work. Examples of workers compensation benefits include:

  • Payment for medical care and treatment
  • Payment for temporary disability
  • Payment for permanent disability
  • Job benefits such as retraining and insurance costs

Understanding Workers’ Compensation in Scaffolding Accidents

Workers’ compensation is designed to provide relief to workers who get injured on the job without the need to prove negligence by employers. It covers medical expenses, lost wages, and rehabilitation costs. If a scaffolding accident occurs, the employee should report the injury to the employer immediately to initiate a workers’ compensation claim. In most situations, accepting workers’ compensation benefits means the employee forfeits the right to sue their employer. However, if third parties, distinct from the employer, contributed to the accident, the injured worker might pursue additional legal action against these parties. It’s crucial to recognize that workers’ compensation and personal injury claims from scaffolding accidents involve intricate legal considerations, often requiring professional legal assistance to navigate effectively.

Comprehensive Safety Measures to Prevent Scaffolding Accidents

Preventing scaffolding accidents requires a comprehensive approach that involves rigorous safety protocols, proper training, and strict adherence to regulatory standards. Key measures include ensuring that scaffolding is erected, moved, and dismantled by competent individuals under the supervision of a qualified person. Regular maintenance and inspection schedules must be strictly followed, and any potential hazards like loose parts or unstable foundations must be addressed immediately. Additionally, safety training for all workers is essential, covering proper use, risk identification, and emergency procedures. Employing proactive safety management and fostering a culture of safety can significantly reduce the likelihood of scaffolding accidents on construction sites.

Frequently Asked Questions

What factors contribute to the risk of a scaffolding accident?

Scaffolding accidents are often due to multiple factors including defective equipment, poor installation or maintenance of the scaffolding, inadequate training of personnel working on or around the scaffolding, and inadequate safety equipment. Environmental factors such as strong winds or other severe weather conditions can also contribute to accidents by destabilizing the scaffolding or causing objects to fall from it. Safety protocols must be strictly adhered to in order to minimize these risks.

What legal claims are available if I am injured in a scaffolding accident?

Victims of scaffolding accidents can often pursue several types of legal claims depending on the circumstances of their accident. Common claims include personal injury lawsuits against employers or contractors for negligence, product liability suits against manufacturers of defective equipment, and premises liability claims if the accident was due to unsafe conditions on the property. Workers’ compensation might also be available if the accident occurred while the victim was on the job.

Which parties can be held liable in a scaffolding accident case?

Potentially liable parties in a scaffolding accident may include the construction company running the site, subcontractors involved in the scaffolding’s construction or maintenance, manufacturers and suppliers of the scaffolding equipment, and property owners or managers where the construction is taking place. Specific liability usually depends on the failure points that led to the accident, and each case may have multiple liable parties.

What steps should I take immediately following a scaffolding accident?

If you are involved in a scaffolding accident, the first priority is to seek medical attention immediately to treat any injuries. Collect evidence from the scene if possible, such as photos of the scaffolding setup and your injuries, and gather contact information from any witnesses. Reporting the accident to your employer and the site manager is also crucial. Finally, consulting with a lawyer experienced in construction accidents can help ensure your rights are protected and you are compensated fairly.

How can I prove negligence in a scaffolding accident lawsuit?

Proving negligence in a scaffolding accident requires demonstrating that the party responsible for the scaffolding failed to meet their duty of care. This may involve showing that the scaffolding was not installed, maintained, or inspected properly, or that safety protocols were not followed. Documentation from the accident scene, witness statements, expert testimony regarding scaffolding safety standards, and records of maintenance and training can all be crucial in proving negligence.

What damages are recoverable in scaffolding accident lawsuits?

Damages in scaffolding accident lawsuits can include medical expenses for immediate and ongoing healthcare needs, lost wages from missed work, loss of future earning capacity if you are no longer able to work as before, pain and suffering, and emotional distress. In fatal cases, families may recover funeral and burial expenses and compensation for the loss of financial support and companionship.

How long do I have to file a lawsuit after a scaffolding accident?

The statute of limitations for filing a lawsuit after a scaffolding accident varies by state. Generally, personal injury claims must be filed within one to three years from the date of the accident. It’s important to consult with a lawyer as soon as possible after an accident to make sure your legal rights are upheld and you don’t miss critical deadlines.

Can a worker receive worker’s compensation and still file a lawsuit for a scaffolding accident?

Workers’ compensation laws typically prevent employees from suing their employers directly for workplace injuries. However, if third parties like equipment manufacturers or subcontractors contributed to the accident, a separate personal injury lawsuit may be possible in addition to worker’s compensation claims. Legal guidance is essential to navigate these options.

What role does OSHA play in scaffolding safety and accident investigations?

The Occupational Safety and Health Administration (OSHA) sets federal safety standards for scaffolding to minimize the risk of accidents and injuries. OSHA also investigates workplace accidents to determine if these standards were violated and can impose fines and other penalties on companies that fail to comply with safety regulations. OSHA’s findings might also support a victim’s case in a personal injury lawsuit.

How can pre-existing scaffolding laws impact a construction accident lawsuit?

Pre-existing laws and regulations set specific requirements for scaffolding safety that construction sites must follow. In a lawsuit, failure to adhere to these legal standards can significantly bolster a claim of negligence. These laws create a framework of what is considered “reasonable care” in constructing and maintaining a scaffold, and deviation from this can be directly pointed to as negligence.

What Should I Do After a Scaffolding Accident?

If you have been injured in a scaffolding accident, there are several steps you must take in order to protect your legal rights, and seek maximum compensation for your injuries. Our accident attorneys have decades of experience representing victims who have been injured in scaffolding accidents.

  • Seek medical care immediately: scaffolding accidents could result in very severe and catastrophic injuries such as traumatic brain injuries. It is imperative that you seek medical care immediately to prevent any aggravating injuries such as internal bleeding or infections.
  • Gather as much evidence as possible regarding the scaffolding accident. This includes pictures of the scaffolding set up, along with any witness information, and any video surveillance footage that may show the scaffolding accident.
  • Contact our construction accident team in California or Nevada for a free consultation. Our top-rated attorneys offer free no risk consultation to discuss your construction accident claim, and to determine the best legal steps we can take to make sure that your rights are best represented. Do not wait, contact us today.

Contact our experienced construction accident attorneys today to make sure you get the maximum compensation available for your injuries. Scaffolding accidents can result in very severe injuries, and no person should have to endure all the hardship alone if it was caused by another third-party.