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I Was Hurt in a Scaffolding Accident, What Are My Legal Options?

I Was Hurt in a Scaffolding Accident, What Are My Legal Options?

Posted By The Dunnion Law Firm || 28-Feb-2017

Deaths in the construction industry are more common than in almost any other career or industry in the nation, with the leading cause of these deaths being falling. When someone falls and gets hurt on the job, usually workers’ compensation kicks in to cover the injury. However, this limits the amount of financial compensation you can receive.

In certain circumstances of gross negligence or where workers’ comp doesn’t apply, you may be able to file a personal injury claim to collect on damages from the incident. Learn all about scaffolding accidents, when you can file an injury claim, when workers’ comp kicks in, and how a personal injury attorney is important.

Scaffold Accidents and Safety

The Occupational Safety and Health Administration, or OSHA, publishes minimum safety guidelines for preventing accidents on scaffolding. These include minimum support weight of four times the expected weight a scaffold will hold; a requirement that scaffolds not be supported by barrels, loose bricks or the like, and overlapping planking of minimum 12 inches and end support extension of 6 to 18 inches.

In addition, if work is being performed above, head protection must be available. Sites may not use lean-to or shore-style scaffolding, and under no circumstances should tools, materials or debris stack up on a scaffold.

Finally, many states, municipalities and even specific companies may have standards that are even more stringent than those published by OSHA. Violation of these standards, no matter how strict, could be cause for proving negligence.

Workers’ Compensation vs. Negligence

Usually when someone is hurt at work, they are covered by workers’ comp insurance. This form of insurance makes sure that when you can’t work due to an injury, your medical bills are paid and you’re covered for a portion of your lost wages.

It does not require proving negligence or fault in any way. To collect, get seen by a doctor right away, inform your supervisor as soon as possible and file an incident report. Keep detailed records and follow every step and procedure you’re advised to follow.

There are special and unique circumstances where you may be able to file an injury claim as opposed to workers’ comp. These are rare, but always require you to prove that someone on the site was responsible for keeping you safe, that they violated that responsibility, and that failure caused you to get hurt.

How to Know if You Have a Case

Again, circumstances where an injury claim can be filed are rare, and require specialized legal knowledge and help to achieve. Any time you’re hurt on the job, whether it’s scaffolding accidents or otherwise, you should seek the services of a knowledgeable attorney. A lawyer can advise you how best to pursue your case, and about the damages you may be eligible to collect.

If you’re in California, the lawyers at Dunnion Law have many years of experience in dealing with avariety of injury cases, including workers’ comp and slip-and-fall accidents. Just give us a call today or drop us an email for more information and to set up a consultation about your case at no charge.

Categories: Premises Liability