A scaffolding accident can cause serious injuries, leaving you with a long physical recovery and financial concerns. If an accident occurred and you need help, a scaffold accident lawyer from Rosenfeld Injury Lawyers can help you navigate the claims process after the incident.
How Our Scaffolding Accident Attorneys Can Help With Your Case
Scaffold accidents may lead to serious consequences for construction workers, primarily in the form of medical bills and missed time at work. When you file a claim after the accident, you could come up against a stubborn insurance company or employer. Working with a scaffolding injury lawyer from our firm will level the playing field in your fight for fair compensation.
Wrongful death lawsuit following scaffolding fall
Dominant arm injuries following scaffolding fall
Leg fracture injuries following scaffolding fall
Our scaffolding accident attorneys will help you build a case in the following ways:
- Speaking to witnesses of the incident
- Safety inspections of the scaffolding product
- Obtaining expert consultation
- Reviewing the official incident report
- Examining medical records for treatment
- Reviewing scaffold law regarding safety procedures on the construction site
- Asking witnesses if proper safety measures were followed and if proper safety equipment and personal protective equipment were used
An Overview of Scaffolding Accidents
Scaffolding is a piece of equipment used to help workers access greater heights on the construction site. They are most often used on construction sites, but can also serve other purposes like window cleaning and renovations.
Scaffolding uses a network of interconnected building components to allow workers to reach areas above ground level, transferring weight down to the ground. Typically, when a lot of work is needed at that height, scaffolding allows greater freedom of movement for workers than a ladder or bucket lift would. Plus, workers can place their tools and equipment on the scaffolding.
Scaffold accidents involve various types of this equipment, so here are some iterations that may be used at a construction site:
- Tubular steel scaffolds: Made up of galvanized steel pipes that are connected together with couplers to form any desired framework
- Rolling scaffolds: These mobile scaffolds are smaller and can be rolled to new positions quickly on wheels, though they are less sturdy
- Wood or pole scaffolds: All the components of this scaffold are made of wood, including poles, braces, and scaffold platforms
How Common Are Scaffold Accidents at Construction Sites?
Roughly 2.3 million construction workers use scaffolding on a regular basis in the United States. This represents 65% of the total construction workforce. Unfortunately, an average of 4,500 injuries and 50 deaths occur each year because of scaffolding accidents [1].
What Can Cause a Scaffolding Accident?
Scaffolding accidents are caused by numerous circumstances. The cause may play a role in filing your personal injury claim and earning compensation, so it is important to establish the cause of your injuries with the help of our scaffolding accident lawyers. Common causes that often lead to scaffolding injuries and construction accident cases include:
- Defective scaffolding
- Failure to follow adequate safety measures for workers
- Failed safety equipment
- Lack of guardrails
- Inadequate fall protection equipment
- Electrocution
- Scaffolding collapses
- Overloaded scaffolding beyond the maximum intended load
- Dropped and falling objects
- Improper maintenance
- Lack of proper training
Common Scaffolding Injuries
The severity of your injuries will affect the legal damages you can claim with the help of a scaffold accident lawyer, as well as your recovery period. Remember to keep all medical records for treatment to use as evidence for your scaffold accident case. Common injuries in scaffolding accidents include:
- Head injuries
- Broken bones
- Lacerations
- Back injuries
- Spinal cord injuries
- Fall injuries
- Traumatic brain injuries
- Internal damage
- Sprains
- Crushed limbs
- Death
Safety Measures for Using Scaffolds
Since there are so many workers injured while using this equipment every year, the Occupational Safety and Health Administration has created standards for scaffolding construction and use to minimize the dangers across the industry [2]. Here are a few of those requirements:
- A construction worker or other person using the scaffold more than 10 feet above ground must have personal fall arrest systems in place, such as safety railings
- Scaffold footings must be level and able to bear the weight of a loaded scaffold
- Specific measurements for the distance between cross-bracing, mid-rails, and other components are required
- All employees who use scaffolding must be properly trained on the dangers and safety precautions
- Supported scaffolds must support up to 4 times the intended load weight
Steps to Take After a Scaffolding Accident
In the event of a scaffolding accident, it is vital to take immediate and well-calculated actions to ensure safety, gather necessary information, and secure legal rights.
Ensure Immediate Safety
The first priority should be to move away from any further danger and provide first aid to anyone injured. Call emergency services promptly to address any medical needs.
Report the Accident
Injured workers should notify their employer or site supervisor about the accident involving scaffolding as soon as possible. This ensures an official report is made, which will be crucial for any subsequent personal injury claims or legal actions.
Document the Scene
Take photographs and videos of the accident scene, the scaffolding, and any visible injuries. Collect contact details of witnesses who can support your account of the incident.
Seek Medical Attention
Even if injuries appear minor, it is important to see a healthcare professional; medical records will be necessary for any compensation claims.
Contact Accident Lawyers
Consult with an experienced scaffold accident attorney to understand your rights and to receive guidance on the best course of action for pursuing a claim.
Establishing Liability for Scaffolding Construction Accidents
Establishing liability is the key to a successful claim, as it will determine what type of case you have. The construction accident lawyers from our law offices can help you determine who the liable party is and what type of claim is the right option to seek compensation. Generally, you may have one of the following claims:
Third-Party Liability Claim
A third party for construction accidents is anyone who is not the employer of the injured construction worker. It could be a delivery driver, a passerby, property owners, a coworker, or even another contractor on the work site.
Typically, the victim can pursue a third-party personal injury lawsuit with the help of our personal injury lawsuit attorneys to recover compensation if negligence is involved in the scaffold accident. Personal injury cases are complex because they require proving negligence.
Product Liability
Product liability comes into play if the scaffolding had a defect that led to your injuries.
For example, if the scaffolding had a design flaw that made it structurally unstable, causing scaffolding collapse under normal use, this would constitute a defect.
Another example is if there was a manufacturing defect, such as the use of substandard materials that failed to support the weight as intended, resulting in a dangerous and unsafe structure for injured workers.
Many construction workers, concrete workers, and other injured parties can then pursue a lawsuit against the manufacturer of the product with the help of a product liability attorney from our team.
Workers’ Compensation
If fault is not involved in the incidents, or the employer is responsible, then workers can pursue workers’ compensation claims.
The workers’ compensation system is a type of insurance that most employers, including construction companies, are required to pay for. It is designed to protect workers who have been injured or gotten sick while working and have to miss time.
If successful, a workers’ compensation claim can yield benefits like medical bill coverage, the majority of a worker’s wages, and even partial disability. A workers’ compensation attorney from our team can assess your situation to see if this is the best course for maximum compensation.
Damages a Scaffolding Accident Lawyer Can Help You Recover
The legal damages you suffer as a result of your severe injuries will determine the level of compensation you can win with your claim. A workers’ compensation case may be limited in what it can cover, while personal injury lawsuits include both economic and non-economic damages.
Damages that you may be eligible for after a scaffold accident include lost wages, medical expenses, loss of future earning potential, emotional distress, physical pain, disfigurement, and loss of enjoyment of life.
If a scaffolding accident tragically results in fatal injuries, the surviving family members may be entitled to recover damages with the help of our wrongful death claim lawyers.
These can include compensation for lost wages and future earning potential, covering the financial support the deceased would have provided, medical expenses incurred prior to death, funeral and burial costs, and compensation for the emotional distress and loss of companionship suffered by the family.
Cost of Hiring a Scaffolding Accident Attorney
When you hire an experienced attorney from our law firm to help with your scaffold accident claim, you enter into a contingency fee agreement. With this agreement, there are no upfront legal costs for our services. Instead, we only get paid if we win your case. Additionally, that payment is simply deducted from the settlement amount.
This ensures that you do not face additional financial challenges in your pursuit of full compensation for the serious injury you suffered.
Contact Our Scaffold Accident Lawyers Today!
With the help of a scaffolding injury attorney from Rosenfeld Injury Lawyers, you will be equipped to choose the right legal options and file a successful claim for compensation. With millions recovered for past clients and a contingency fee agreement, you have all the financial incentives you need to feel secure in your scaffolding accident claim. Our goal is to protect construction workers and all those involved in the many scaffolding accidents.
Contact us today by calling 888-424-5757 for your free consultation. Or, you can fill out the online form and one of our scaffolding accident attorneys will get back to you to schedule your free consultation so you can ask any questions you may have.