Can I File a Claim If I am Seriously Injured Due to a Scaffolding Accident?

by | Mar 13, 2020 | Jobs Featured

Construction work is full of risks that are constantly present and always evolving according to the work. It is one of the most dangerous types of work and accidents are in no way uncommon. Each year in New York City alone, there are dozens of scaffolding-related incidents responsible for the severe injuries of many construction workers – or worse, the loss of their lives.

In the United States, an estimated 65% of construction work requires the use of a scaffolding. That means about 2.3 million workers are at risk of injury every day. The Bureau of Labor Statistics (BLS) estimated that every year, 4,500 injuries and more than 60 deaths are a direct result of the use of a scaffolding. All of this said, scaffolding-related injuries are not something to take lightly.

More than 70% of those who similarly injured reported that there were structural flaws of the scaffolding that were contributing factors to their accident. If you have incurred an injury as a result of working under similar circumstances, you need to be aware of your eligibility for compensation.  The experienced scaffolding accident attorneys at Friedman, Levy Goldfarb & Green have provided important information regarding filing a claim for your accident. Here are things you must be aware of when filing a claim.

Can I File a Claim for My Injury?

You can – and are encouraged to – file a claim for compensation if you have been the victim of a scaffolding accident. Depending on the details of the incident, you may be limited to filing a worker’s compensation claim, or you the option of a personal injury lawsuit may be available. For instance, if it was a simple accident caused by environmental factors, worker’s compensation is the most appropriate option.

However, if there was a structural defect with the scaffolding, you lacked the appropriate safety gear or protocol, or you were physically assaulted, you may be able to file a lawsuit against your employer or the manufacturer. The nature of your incident and the type of injury you sustain are direct influences on what type of claim you should pursue.

What Compensation Can I Receive After a Scaffolding Injury?

If you are injured due to a workplace injury, you are eligible to file a personal injury lawsuit – especially if the scaffolding is found to be structurally unstable. The compensation you receive from the claim may cover any or all of the following:

  • Loss of, or severely reduced, income due to an inability to work
  • Medical bills
  • Physical pain
  • Psychological or emotional trauma

When filing your claim, you need to pay close attention to fine details. Document anything abnormal you may have noticed about the structural integrity of the scaffolding, as it likely played a direct role in your injury. When such details are documented and verified, those who can be held accountable for these incidents include:

  • The manufacturer
  • Your employer
  • The sub-/contractor
  • Owner of the property on which you were working
  • Yourself

In cases other than those in which your employer or the manufacturer is held responsible, further details must be supplied regarding the context in which you were using the scaffolding, the purpose, and how you were using it. This is all to ensure that accountability is assigned to the appropriate party and that you receive the exact type of compensation deserved.

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