When to Hire a Scaffolding Accident Lawyer
Falls are the leading cause of injuries and fatalities in the construction industry, accounting for one-third of all jobsite deaths. Falls from scaffolds are the third most common cause of all construction accidents. According to the United States Bureau of Labor Statistics (BLS), scaffold-related accidents result in roughly 60 deaths and 4,500 injuries every year. If you or a loved one has been involved in a scaffolding accident, you may be wondering when to hire a scaffolding accident lawyer. This guide will help you understand your rights and determine when legal representation is necessary.
Understanding Scaffolding Accidents
Scaffolding accidents can occur in various ways, leading to severe injuries or fatalities. It’s essential to understand the common causes and types of accidents to assess the need for legal assistance.
Common Causes of Scaffolding Accidents:
- Scaffold Collapse: This can result from overloading, defective materials, or improper assembly. Contractors, in an effort to be cost-effective, or through simple negligence, may not see to it that necessary braces for the scaffold are in place.
- Falls from Heights: Lack of adequate fall protection, such as guardrails or safety harnesses, can lead to falls.
- Falling Objects: Tools, equipment, or debris falling from scaffolds can strike workers or bystanders below.
- Electrocution: Scaffolds positioned too close to power lines can cause electrocution.
- Slips and Trips: Slippery surfaces, clutter, or uneven planking can cause workers to slip and fall.
- Environmental Factors: High winds, extreme temperatures, and storms can destabilize scaffolds.
Common Injuries in Scaffolding Accidents:
- Traumatic Brain Injuries (TBIs)
- Spinal Cord Injuries and Paralysis
- Broken Bones and Fractures
- Internal Organ Damage
- Severe Lacerations and Puncture Wounds
- Crush Injuries and Amputations
- Emotional Trauma and PTSD
When to Hire a Scaffolding Accident Lawyer
Given the complexities of construction accident cases, it’s crucial to know when to seek legal representation. Here are several situations where hiring a scaffolding accident lawyer is highly recommended:
- Serious Injuries: If you’ve sustained severe injuries such as TBIs, spinal cord injuries, or multiple fractures, a lawyer can help you pursue compensation for medical expenses, lost wages, and pain and suffering.
- Fatal Accidents: In the event of a loved one’s death due to a scaffolding accident, a lawyer can assist with a wrongful death claim to cover funeral expenses, loss of financial support, and emotional damages.
- Disputed Liability: If there’s a dispute over who is at fault for the accident, a lawyer can investigate the incident, gather evidence, and build a strong case on your behalf.
- OSHA Violations: If the accident resulted from violations of Occupational Safety and Health Administration (OSHA) regulations, a lawyer can help establish negligence and pursue compensation.
- Third-Party Liability: In many scaffolding accidents, multiple parties may be responsible, such as subcontractors, equipment manufacturers, or property managers. A lawyer can identify all potential defendants and pursue claims against them.
- Complex Legal Issues: Scaffolding accident cases often involve complex legal issues, such as workers’ compensation, personal injury claims, and product liability claims. A lawyer can navigate these complexities and ensure your rights are protected.
- Insurance Disputes: Insurance companies may try to minimize payouts or deny claims altogether. A lawyer can negotiate with insurance companies and advocate for fair compensation.
- Long-Term Disability: If your injuries result in long-term disability or the inability to return to work, a lawyer can help you pursue compensation for lost future earnings and ongoing medical care.
- Statute of Limitations: Each state has a statute of limitations for filing personal injury claims. Consulting with a lawyer early on can ensure you comply with these deadlines and preserve your right to pursue compensation. In Texas, the statute of limitations for personal injury claims, including scaffolding accident cases, is generally two years from the accident date. In New Jersey, there is a 2-year statute of limitations for personal injury lawsuits. In New York, you generally have three years from the date of the incident that caused your injuries to file a scaffolding accident lawsuit.
How a Scaffolding Accident Lawyer Can Help
A scaffolding accident lawyer can provide valuable assistance throughout the legal process:
- Case Evaluation: A lawyer can assess the details of your accident and advise you on the strength of your case and potential legal options.
- Investigation: Lawyers can conduct a thorough investigation of the accident scene, gather evidence, and interview witnesses to build a strong case.
- Legal Representation: A lawyer can represent you in court and advocate for your rights and interests.
- Negotiation: Lawyers can negotiate with insurance companies and other parties to reach a fair settlement.
- Expert Testimony: Scaffolding accident cases often require expert testimony from safety specialists or engineers. A lawyer can help identify and coordinate expert witnesses to strengthen your case.
- Maximizing Compensation: A skilled lawyer will evaluate your case and determine the full extent of your damages, including medical expenses, lost wages, and pain and suffering, to ensure you receive fair compensation.
Legal Considerations
- Workers’ Compensation: If you were injured on the job, you may be entitled to workers’ compensation benefits, which can cover medical expenses and lost wages. However, workers’ compensation may not fully compensate you for all your losses.
- Third-Party Claims: In addition to workers’ compensation, you may be able to pursue a third-party claim against other negligent parties, such as contractors, property owners, or equipment manufacturers.
- State and Local Regulations: Scaffolding safety is governed by strict regulations at the state and local levels. A lawyer can help you navigate these regulations and determine if any violations contributed to your accident. For example, Section 240 of the NY Labor Laws requires owners of buildings and general contractors to provide safety protection for all construction site workers and imposes absolute liability on those owners and contractors for injuries resulting from their failure to provide that protection.
Conclusion
If you or a loved one has been injured in a scaffolding accident, it’s essential to seek legal representation as soon as possible. A scaffolding accident lawyer can help you understand your rights, navigate the legal process, and pursue the compensation you deserve. With the help of an experienced attorney, you can focus on your recovery while they handle the complexities of your case.