Scaffolding Accident Attorneys in Orange County
Trusted Orange County Attorneys
At Alvandi Law Group, our workers’ compensation lawyers have heard their fair share of construction accidents stemming from faulty scaffolding. Part of the problem seems to be linked to the fact that scaffolding is so commonly used at construction sites, creating an unsafe sense of belief that nothing can go wrong because all people building them have done so countless times before. When negligence comes into play in such a direct and noticeable way, injuries are sure to follow.
At our law firm, we are 100% dedicated to workers’ compensation cases. When we hear about a worker being injured in a scaffolding accident, it is particularly upsetting in knowing that it should have been totally preventable.
People of Southern California choose to work with us because:
- We have 30+ years of collective experience.
- We have recovered billions for our clients.
- We fully understand all aspects of your claim.
- We offer contingency fees – no payment until we win your case.
How to Recover Compensation from a Scaffolding Accident
Recovering compensation in a scaffolding accident typically involves navigating legal processes to hold responsible parties accountable for injuries or damages sustained. Here's a general overview of steps to take to pursue compensation:
- Seek Medical Attention: The first priority after a scaffolding accident is to seek medical treatment for any injuries sustained. Prompt medical care not only ensures your well-being but also establishes a record of your injuries, which can be crucial for your compensation claim.
- Report the Accident: Report the accident to your employer or the relevant authority on the construction site. This documentation creates an official record of the incident, which can be important for your compensation claim.
- Document the Scene: If possible, gather evidence from the accident scene. Take photographs of the scaffolding, any equipment involved, and your injuries. Collect contact information from witnesses who can provide statements about what they saw.
- Notify Insurance Companies: Notify your employer's workers' compensation insurance provider about the accident and your injuries. If a third party, such as a contractor or equipment manufacturer, is liable for the accident, notify their insurance company as well.
- Consult with an Attorney: Consider consulting with a personal injury attorney who specializes in construction accidents. An attorney can assess your case, advise you on your legal options, and guide you through the compensation process.
- File a Workers' Compensation Claim: If you were injured while working, you may be eligible for workers' compensation benefits. Your attorney can help you file a claim with your employer's workers' compensation insurance provider.
- Determine Liability: Investigate the circumstances surrounding the accident to determine who may be liable for your injuries. Liability may rest with your employer, a contractor, a subcontractor, the property owner, or a manufacturer of defective equipment.
- File a Personal Injury Lawsuit: If a third party's negligence contributed to the scaffolding accident, you may be able to file a personal injury lawsuit against them to recover additional compensation for damages not covered by workers' compensation, such as pain and suffering, lost wages, and future medical expenses.
- Negotiate a Settlement: Your attorney can negotiate with insurance companies and responsible parties to reach a fair settlement that compensates you for your injuries and losses.
- Litigation: If a settlement cannot be reached through negotiations, your attorney may proceed with litigation and take your case to court. During trial, your attorney will present evidence and arguments to support your claim for compensation.
What Is Scaffolding?
Scaffolding refers to a temporary structure erected to support workers and materials during the construction, repair, or maintenance of buildings, bridges, and other structures. Scaffolding provides a safe working platform at various heights, allowing workers to access areas that are otherwise difficult or impossible to reach.
There are different types of scaffolding used in construction, including:
- Tube and coupler scaffolding: This consists of steel tubes connected by couplers to form a framework.
- Modular scaffolding: This type uses prefabricated components that can be assembled and disassembled quickly.
- Frame scaffolding: This is a type of modular scaffolding that uses frames and cross braces for support.
- Suspended scaffolding: This type hangs from the roof or overhead structure, allowing workers to access vertical surfaces such as walls and facades.
Common Causes of Scaffolding Accidents
A scaffolding accident in construction refers to any incident involving the collapse, failure, or misuse of scaffolding resulting in injuries or fatalities to workers or bystanders. These accidents can occur due to various factors, including human error, equipment failure, environmental conditions, and inadequate safety measures.
Common causes of scaffolding accidents include:
- Poor Installation: If scaffolding is not properly erected according to manufacturer specifications or industry standards, it can lead to instability and collapse.
- Overloading: Exceeding the maximum load capacity of scaffolding with materials or workers can cause structural failure and collapse.
- Lack of Training: Inadequate training of workers in proper assembly, use, and dismantling of scaffolding can result in accidents due to errors in setup or unsafe practices during work.
- Missing or Damaged Components: Missing or damaged components such as guardrails, toe boards, or bracing can compromise the integrity of the scaffolding, increasing the risk of falls and injuries.
- Unsafe Practices: Ignoring safety protocols, such as not using personal protective equipment (PPE), working on unstable surfaces, or engaging in risky behaviors, can lead to accidents and injuries.
- Environmental Factors: Adverse weather conditions such as high winds, rain, or snow can weaken scaffolding structures and increase the risk of collapse.
- Improper Maintenance: Failure to inspect and maintain scaffolding regularly can result in undetected damage or deterioration, leading to structural failure during use.
- Inadequate Supervision: Lack of oversight and supervision of workers on scaffolding can contribute to unsafe practices and increase the likelihood of accidents.
- Defective Equipment: Use of defective or malfunctioning scaffolding components or equipment can pose serious hazards to workers' safety.
- Communication Issues: Poor communication between workers, supervisors, and other personnel involved in scaffolding operations can lead to misunderstandings, errors, and accidents.
Injuries Caused by Scaffolding
A scaffolding unit seems like a fairly simple piece of “equipment” at first glance – some pieces of wood and pipes connected to create a foundation upon which to work, no matter how high you go. The truth is that their construction is much more complicated and relies on a total understanding of the physics of the makeshift structure and the work that must be done on it. If a single joint is done incorrectly or the plank poorly secured, the entire thing is in jeopardy of collapsing and hurting someone, sometimes direly.
Consequences often seen in scaffolding accidents include:
- Traumatic brain injuries (TBI)
- Paralysis (spinal injury)
- Broken bones
- Wrongful death
See Our Success Stories
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Trustworthy Support When Others Walk Away from Your Case
Knowing that workers’ compensation benefits will take care of their bills and necessary expenses is often the only solace an injured construction worker feels after an accident. How awful it is, then, that employers and insurance companies often do the most they can to give the injured worker as little as possible. In an effort to secure an attractive bottom line, they have been known to provide minimum amounts, or even none at all.
If you feel like you are being ignored or mistreated by your employer after you were seriously hurt in a scaffolding accident that was not your fault, the time to contact our workers’ compensation attorneys is now. The sooner you use our services, the sooner we can get to work on building your case and defending your rights.
Request your free initial consultation today and we will get back to you as soon as possible!