Scaffolding accidents are some of the most serious types of construction accidents. Generally this is because of the degree of injuries which can occur as a result of the fall. This is even more amplified when you have an individual who is relatively elevated at the time of the accident. Additionally, when you are at a construction site elevated at above 20 feet a free fall can cause devastating bodily injuries. If you or your loved one has been injured in a construction or scaffolding accident we would like to hear from you.
Defective Scaffolding Accidents
Defective scaffolding set ups can be the cause of the injury. When the 3rd party set up company is involved in the construction of the scaffolding, they can be liable for the injuries sustained. Scaffolding set ups must be performed carefully and involved many engineering concepts, if these principles are not followed the scaffolding can fall apart.
In such cases where you have an improper set up you can pursue multiple claims. First, you can pursue a claim against the property owner under a premises liability claim. Second you can pursue a worker’s compensation claim discussed below. Third, you can pursue a claim against the company involved in the set up. Generally speaking you would want to consider the third option for maximum recovery. However, this will require significant investigation.
Finally you can pursue a product defect claim. This is a different type of case which will require multiple levels of investigation. First you will need to identify whether the scaffolding boards and pipes were defective. Generally this will require a stress test to make sure that they are not. Second you will need to determine whether a qualified party conducted the set up. It is important to remember that if the set up was NOT done correctly, then it would NOT be considered a product liability claim. Rather it would be considered a general liability claim.
Each of these elements requires proper and thorough investigation. Feel free to call our office for a free consultation.
Workers Comp or Personal Injury
Should you pursue a worker’s compensation claim? This is not such a straight forward answer. If you were involved in an injury at work, your sole and exclusive remedy is often times a worker’s compensation claim. However, these types of cases have limitations, additionally if you can demonstrate that a 3rd party was responsible then you can split up the claim.
It is important to note that you cannot collect on both types of cases. In other words you cannot collect money from workers compensation and a third party. Additionally a worker’s compensation is limited as mentioned before. Generally a worker’s compensation claim will limit you to medical bills and loss of your ability to work. You will not be able to recover for your pain and suffering, which is often a significant portion of any loss of earnings.
What are some common injuries after a scaffolding accident? Depending on the degree of the fall and other various issues they can be serious. Common injuries include the following:
- Traumatic brain injuries with various deficits;
- Loss of hearing;
- Eye sight loss;
- Fractured hip bone;
- Pelvic damage and or fracture;
- Orbital fracture or other ocular injuries;
- Serious nerve damage
This is not an exhaustive list. A more complete list of injuries can be determined after you speak with your doctor.