You may have just been hurt on the job, and now you’re not sure what options are available to you for compensation. If you want to know what t[...]
If you work with platforms and frames as a part of your day-to-day job, it can result in serious and catastrophic incidents. If you are injured on the job, hiring a North Carolina scaffolding accident lawyer is highly recommended.
At Sumwalt Anderson, we are dedicated to helping accident victims recover the compensation they deserve after a scaffolding accident. Receiving the maximum settlement possible after a scaffolding accident and injury is essential to helping you recover and ensuring your financial security. We are here to help through each step of the legal process.
Statistics show there are over half a million construction accidents in the U.S. every year. One out of five of these involves scaffolding. While OSHA has released guidelines and standards regarding scaffolding work, many construction managers and companies ignore the rules. We take holding these entities legally responsible serious.
Using our legal services means you will have a professional and experienced team investigating your case to determine what caused your accident. We understand that these incidents can be caused by several factors, including lack of proper safety features, negligence, improper construction, defective equipment, and more.
OSHA (Occupational Safety and Health Administration) has regulations in place to protect workers by mandating certain safety features. It’s required that employers follow the set safety standards to keep a workplace free from safety or health hazards. For scaffolding, OSHA mandates the following safety components:
There are several construction companies that don’t maintain safety equipment properly. Some view it as being too expensive or unnecessary. However, if a company fails to maintain the safety features and equipment required, it is considered an OSHA violation and can lead to accidents, injuries, and penalties.
There are several different types of scaffolding accidents that can occur to construction workers. Some of the most common causes are:
A scaffold is an elevated platform used for construction purposes. Because of the height, they require proper protection against falls. This includes guardrails, which will keep a worker from falling off the side of the scaffolding in the course of their work.
If a scaffolding structure isn’t properly supported or installed, it may collapse. Because of this risk, it’s imperative that these are built carefully and properly. All workers using a scaffold platform are at risk of falling due to a collapsing scaffold platform. If the equipment or workers using the scaffold exceed the weight limit, then it may collapse.
Sometimes, objects are dropped from a scaffold. Additionally, items can fall on the platform and injure those on it, causing them to fall too. Construction debris is also common on job sites and makes up a lot of falling object accidents.
This is a significant risk if you are working in an area where there are wires overhead or close to the scaffolding. If wiring isn’t properly protected, it can result in an electrocution accident. If a construction worker comes in contact with electricity and faints or becomes unconscious while they are on a scaffold, they are at risk of falling.
Accidents on a construction site can cause several serious injuries. Some of the most common scaffolding accident injuries include:
If you or someone you love has been injured in a scaffolding accident, our legal team can help you recover the compensation you deserve. The first step is to schedule an initial meeting with our team by calling (704) 377-3770.
A scaffolding accident can be caused by property owners who don’t ensure safe working conditions, don’t guard against negligence, or provide defective equipment.
If you plan to file a personal injury lawsuit against the liable party, it’s important to determine who this is. The circumstances of your accident will determine who may be liable. Some of the parties you may be able to file a lawsuit against include:
Keep in mind that if you want to prove that your injury was caused by one of the parties above, you must:
If your personal injury lawsuit is successful, you may be able to recover compensation for all or some of the following:
If you are the family member of someone who was killed during or because of a scaffolding accident, then you have the right to file a wrongful death lawsuit against the party determined liable for the accident.
Some of the damages you can recover in this situation include:
According to “respondeat superior” laws, employers can be vicariously liable for the negligence of employees. An employee may not have the funds to cover damages caused by a scaffolding accident. Even if this is the case, the employer itself (like a general contractor) will likely be able to cover damages or have insurance in place to cover the damages. This will then be used to provide compensation to the victim.
For a vicarious liability claim against an employer, the accident victim is required to prove:
A property owner has a duty to anyone who legally comes on their property. They must ensure the area is hazard-free. If the owner or occupier of a property has scaffolding on-site, it is their responsibility to ensure there is no hazard to those coming on the property.
According to premises liability laws, a property owner must repair any hazardous conditions present or provide a warning of their presence.
Even in situations where a worker has followed all the set safety regulations and ensured the scaffolding was installed properly, defects with the equipment may cause it to collapse. This can result in a serious injury.
In this situation, it may be possible to file a product liability lawsuit. Anyone who sells defective products is considered strictly liable for the damages that are caused by the defect. The victim in this situation is not required to prove that a single person was negligent. Instead, it’s necessary for them to show:
It is possible to make a defective scaffolding product liability claim because of warning, design, or manufacturing defects.
When you hire our scaffolding accident lawyer, you will find our legal services are beneficial for several reasons.
For example, we will help ensure you receive immediate medical evaluation and treatment. We can also provide support and assistance when it comes to managing your ongoing care needs.
Once your medical needs are addressed, our legal team will launch a full investigation into the accident to determine what happened and gather evidence. If the accident was caused by someone else, we could start proceedings to hold them liable and help you recover compensation.
If you are injured in the course of your job, you have the right to recover workers’ compensation benefits.
Some of the costs that these benefits will cover include:
Having an attorney that understands how workers’ compensation laws work will be helpful to ensure you get the benefits you are owed.
As mentioned above, hiring an attorney to help with your scaffolding injury case will offer several benefits. First of all, an experienced attorney understands how to value your case and situation. This helps to ensure that the liable party will be held responsible and required to pay the victim’s damages.
An attorney will also be able to find hidden value in these claims to help maximize the compensation a victim receives. This makes these legal services invaluable when it comes to getting the maximum amount of compensation for your claim.
If you are injured in a scaffolding accident, you have rights. At Sumwalt Anderson Law Firm, our legal team is ready to help you determine who is liable for your accident and injuries and help you recover compensation for your case.
The first step is to get in touch with us to schedule a free consultation. You can contact us by calling (704) 377-3770. We will review your case and then help you with the legal process you must follow to recover compensation. Don’t wait to call to get help for the injuries you suffered in a scaffolding accident.