Scaffolding Accident Lawyer

Hazardous Conditions That Can Cause Scaffolding Accidents

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:

• Fastening pins
• Mudsills and base plates
• Work platform decking
• Scaffold ties
• Toe boards
• Guardrails
• Side brackets.

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.

Getting to Know the Different Types of Scaffolding Accidents

There are several different types of scaffolding accidents that can occur to construction workers. Some of the most common causes are:

Falls

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.

Collapses

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.

Falling Objects

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.

Electrocution

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.

Common Injuries Caused by Scaffolding Accidents

Accidents on a construction site can cause several serious injuries. Some of the most common scaffolding accident injuries include:

• Traumatic brain injuries (TBI): If workers fall from scaffolding, or if the scaffolding collapses and falling objects hit someone below, the individual struck will likely experience a serious head and brain injury.
• Spinal cord injuries: If you fall from a high location, it will probably cause trauma to the neck or back. Injuries to the spinal cord can result in permanent paralysis.
• Electrocution: When scaffolding collides with or touches power lines, the metal will become a conduit for electricity, which causes electrocution.

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.

Who Do You Have the Right to Sue After a Scaffolding Accident?

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:

• Property owner
• Scaffolding manufacturer
• Construction worker
• Subcontractor or contractor
• Construction company.

Keep in mind that if you want to prove that your injury was caused by one of the parties above, you must:

• Show that the defendant (accused at-fault party) owed you a duty of care
• Show that they breached that duty of care
• Show that the breach resulted in your injuries
• Show that you suffered damages because of the breach.

If your personal injury lawsuit is successful, you may be able to recover compensation for all or some of the following:

• Medical costs
• Lost wages
• Property damage
• Lost earning capacity
• Pain and suffering.

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:

• Funeral and burial costs
• Money the deceased individual would have earned if they continued working
• Compensation for the loss of the individual’s support and companionship.

When Are Employers Responsible for Scaffolding Accidents?

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:

• Their injury was caused by the employee’s negligence
• The victim was working within the scope of their job when the accident and injury occurred.

When Can a Property Owner be Held Liable for Scaffolding Accidents?

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.

Defective Scaffolding Equipment

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:

• The defendant is the one who sold, manufactured, or designed the item.
• The product was already defective when it was sent out by the defendant.
• The victim used the item in a reasonable manner.
• The victim experienced damages due to the defect.

It is possible to make a defective scaffolding product liability claim because of warning, design, or manufacturing defects.

How Can a Personal Injury Attorney Help in Your Scaffolding Accident Case?

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.

When Can You File for Workers’ Compensation Benefits for Scaffolding Accidents?

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:

• Medical care and treatment for your injuries
• Temporary disability benefits to cover lost wages
• Permanent disability benefits if you experience a permanent loss of function
• Job displacement benefits if you have to be retrained for a new job.

Having an attorney that understands how workers’ compensation laws work will be helpful to ensure you get the benefits you are owed.

Why Should You Hire a Scaffolding Injury Attorney?

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.

Contact Our Legal Team for Help with Your Scaffolding Accident and Injury Case

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.