Why Hire a Scaffold Accident Lawyer
The Doan Law Firm represents those injured by scaffolding collapse and
similar construction industry accidents
The Occupational Health and Safety Administration (OSHA) estimates that
one in three accidental injuries occurring on construction industry job
sites involves scaffolding, with sudden scaffolding collapse ranking second
only to falls from height as the cause of work site injuries and deaths.
As is the case with many other worksite injuries, many scaffolding accidents
are due to negligence in scaffolding assembly, use, or disassembly.
The Doan Law Firm, we represent workers who have been injured in scaffolding accidents as
well as non-employees who have suffered injuries due to the negligence
of construction, maintenance, and renovation companies.
Causes of scaffolding accidents
There are many situations that can cause a scaffolding accident. Many of
those causes fall into one of several overlapping general classifications such as:
Improper scaffolding assembly: On many job sites scaffolds are assembled by the workers that will be
using the scaffold after it has been erected. Thus, scaffolds may be assembled
with more attention paid to making life easier for workmen than to safety
Use of substandard or damaged scaffolding components: Scaffolding manufacturers rate the strength of scaffolds by the weight
that the scaffold is designed to support under “ideal” conditions.
If a scaffold is used under typical job site conditions such as on an
uneven surface or on frozen ground, it may become unstable
after it has been erected and lead to a partial or complete collapse.
Excessive loading: Scaffolds are designed to bear a maximum weight which should never be
exceeded. Weight in excess of that amount can create a safety hazard and
the possibility of causing injuries in the event of a scaffolding collapse.
Contact with electric power line: Scaffolding should never be erected near electric power lines. If this
situation cannot be avoided, electrical power should be interrupted while
workers are present on scaffolding that is near a live power line.
Liability in scaffolding accidents
In law, everyone from a private citizen to multi-national corporations
is held responsible for the consequences of their actions. This is particularly
true on construction sites where the conduct of one worker or a contractor
can pose a significant risk to the safety of others.
In most states, the legal doctrine of
strict liability will apply to scaffolding accidents. This principle holds the individual
or a business that owned, or had control of, a scaffold to be liable for
the consequences of a scaffolding accident
without requiring the injured party to prove that negligence was involved.
Scaffolding Injuries and Worker’s Compensation
If you are injured while “on the job,” you are legally entitled
to receive Worker’s Compensation benefits. Although each state administers
its own Worker’s Compensation program, if you are injured as a direct
result of your employment you can expect to receive:
Payment of all medical expenses that are necessary to treat your injury
and to restore you to your pre-accident health status
- Any modifications to your home or living space that are required to accommodate
your physical condition following your injury
- A percentage (usually 50 – 60%) of your average weekly wages to be
paid while you are unable to perform your usual job duties because of
- Vocational rehabilitation / retraining if your injury makes it impossible
for you to return to your previous occupation
The only requirement to receive Worker’s Compensation benefits is
that you must have been injured while you were at work. You do
not have to file a lawsuit to force your employer to assume responsibility
for expenses that are directly related to your injury since Worker’s
Compensation is, by law, considered to be a “no fault” insurance
system. In simplest terms, no fault insurance means that you
do not have to prove that your employer’s negligence caused your injury
nor can your employer deny you benefits by claiming that you were injured
by your own carelessness.
The “downside” of Worker’s Compensation is that you
cannot file a lawsuit against your employer regarding the circumstances of your
injury. This means that, even if your employer was grossly negligent,
when you file a Worker’s Compensation claim you are giving up your
right to sue your employer to recover damages related to your injury.
There are certain well-defined situations where it is possible to file
a lawsuit despite the fact that an injured worker is claiming Worker’s
Compensation benefits. Since these situations are highly technical from
a legal point of view, these exceptions are best discussed with a lawyer
who is familiar with your state’s Worker’s Compensation law.
Contact a scaffolding injury lawyer
If you or a family member were injured as a result of a scaffolding collapse
or similar accident, we invite you to contact the scaffolding accident
injury lawyer at
The Doan Law Firm, a national personal injury law practice with offices in major cities
throughout the country.
contact the scaffolding accident lawyer at The Doan Law Firm, you first consultation and case review is always
free of charge and does not place you under any obligation to hire our
firm as your legal counsel. If you decide that we should represent you
in court, we are willing to assume full responsibility for all aspects
of preparing your scaffolding accident injury case for trial in exchange
for a percentage of the final settlement that we will win for you.