Free Consultation: 718-461-6633
Free Consultation: 718-461-6633
Free Consultation: 718-461-6633
Free Consultation: 718-461-6633
Working in a construction site is unsafe. Scaffolding accidents are some of the most common and severe accidents. Such structures are required during work on heights but on disregard of the safety rules, they are accompanied by serious risks.
Provided that you, or someone close to you, has suffered an injury, you can know more about scaffolding accident claims to receive compensation. This blog will guide you through the legal procedure, your entitlements and what to do after any injury that occurs as a result of a scaffolding accident.
A scaffold accident is any accident or even deaths that occur as a result of a fall, a collapse or even a failure of a scaffold. Such accidents are frequent on the construction sites, particularly when there are tall buildings or renovation projects. The common causes are:
Unprofessional building or assembling
Guardrail absence
Inadequate training
Slippery surfaces
Stuffing the scaffold
When such accidents occur, there is the possibility of the worker being injured due to broken bones, head injuries, damage to the spinal cord or even death.
Scaffolding accidents continue to happen in spite of the strict safety laws. OSHA or Occupational Safety and Health Administration says that most of these accidents can be avoided. Some of the reasons are:
Employers who act grossly to save time or money
By employing poor materials
Workers are not provided with safety harnesses
Safety rule violation
In the case where any of these occur, those who are injured could qualify to receive scaffolding accident compensation in form of claims or lawsuits.
Liability on an accident involving a scaffold can be between several parties. There are some possible responsible parties:
The building corporation
The owner of the property
The general contractor
The manufacturer of scaffolds
Third-party maintenance companies or third party inspection
All these parties have the responsibility to look into the safety of the workers. Otherwise, should they fail in their duty then action can be taken against them via Scaffolding accident claim.
After an accident, the important thing to do is to take the proper steps. It may have negative impacts on your health and your case in the court.
Health is the first thing. Though it might appear that injuries are nothing serious, visit a doctor.
Report to your employer or site manager immediately. Make sure that the accident is recorded.
Taking Photos and Evidence (where possible) gives the best evidence, such as photos of photographs of the scaffold, the injury, the scene, etc. Obtain witnesses names.
You can be provided with a settlement or be pressured to fill in forms. Do not do it blindly.
An attorney will assist in making a claim against scaffold injury and defend your rights.
The question may offer itself: should I request workers compensation or a lawsuit? The solution to this is dependent on who was at fault.
In case an employee has workers compensation insurance provided by his employer, you can bring a claim without fault. You could be given:
Medical expenses
Lost wages
Disability benefits
Workers comp however does not include pain and suffering.
In case of getting injured because of a third party (such as subcontractor or equipment supplier), you may sue it by applying a personal injury case. This can give:
Complete health expenses
Lost income
Suffering and hurt Pain
Emotional distress
A qualified lawyer can advise you on the type of scaffolding accident claim that you can use when handling your case.
The process of claiming includes such steps:
Your case will be considered by a construction accident lawyer. The greater part of them provides free consultations.
Evidence shall be compiled by your attorney in the form of medical records, witness testimonies, photographs of the area and employers/employees records of safety.
Your lawyer will file the claim in the right court or the board of workers compensation.
The claims related to scaffold accidents are settled usually outright. However, when necessary, your lawyer will bring the case before the trial.
The amount of pay varies with the strength of your injury and the party to be at blame. Factors which influence the payout are:
Future and past medical expenses
Vacations Off work
Permanent disability
Emotional trauma
Grade of neglect
When a case is severe, settlements of such scaffolding accident cases may be figured in hundreds of thousands, even into millions of dollars.
There is a statute of limitation (time limit to file your claim) in every state.
In the case of personal injury law suits, it normally takes 2 to 3 years after the accident.
The claims under workers compensation have to be submitted in a time period of 30 days to 90 days after the incident.
Failure to meet such deadlines may end up denying you the right to be compensated. In every case, be sure to get a lawyer at the earliest time.
Yes. Such cases are usually complicated. A good attorney is capable of doing the following:
Inflict who was in the wrong
Fight insurance firms
Deal with paperwork and filing in the court
Maximize your award or judgment
You can easily accept a low settlement or your case can get kicked out without receiving legal aid.
In New York, a worker has fallen off a scaffold because of the absence of safety rails. He had massive back injuries. His attorney made an elaborate inquiry after which he found that the site contractor had breached a number of OSHA regulations.
The employee has initiated a scaffolding injury claim and has obtained judgment in an amount of 1.2 million dollars. This was an amount that was paid up to pay his medical expenses, pay him to rehabilitate and pay him a sum of money in lieu of his lost earning capacity.
As a worker, just do the following to remain safe:
Employers ought also to:
It takes a second to alter lives in case of scaffolding accidents. However, you have the rights. Regardless of whether it will be a small wound or a life-changing incident, you are entitled to justice.
Scaffolding accident claims will compensate you with medical expenses, income loss, as well as emotional distress. Negligence should not be without punishment. Go to lawyers and demand what is yours.
Although you might have a part in what is happening, you could still receive damages according to the law of comparative negligence.
It is a matter of case. Some take a matter of few months and some will take even more than a year where they are brought to court.
Yes. Personal injury claims may also be brought forward by pedestrians or visitors who are injured after the material of the scaffold comes down.
A majority of attorneys operate on the contingent fee. You do not pay before you win the case.
This normally signifies the severe safety violation. You possibly can win a case to the full compensation.
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