Criminal Defense Lawyers

Scaffolding Accident Lawsuit – How to Bring a Claim

Scaffolding Accident Lawsuit – How to Bring a Claim

Scaffolding accidents can lead to devastating injuries and even death for construction workers and bystanders. If you or a loved one has been injured in a scaffolding accident, you may be entitled to significant compensation through a personal injury lawsuit. At Spodek Law Group, we have extensive experience representing victims of scaffolding accidents and helping them get the justice and financial recovery they deserve.In this comprehensive guide, we’ll walk you through everything you need to know about bringing a scaffolding accident lawsuit, including:

• Common causes of scaffolding accidents
• Who can be held liable
• Types of compensation available
• The legal process for filing a claim
• How our experienced attorneys can help

Common Causes of Scaffolding Accidents

Scaffolding is an inherently dangerous work environment, with workers performing tasks at significant heights on temporary structures. Some of the most frequent causes of scaffolding accidents and injuries include:

Improper Assembly or Dismantling

One of the leading causes of scaffolding collapses and failures is improper assembly or dismantling of the structure. This often occurs when:

• Untrained or inexperienced workers are tasked with putting up or taking down scaffolding
• Proper safety procedures are not followed during assembly/disassembly
• Scaffolding components are damaged, defective or incompatible
• The structure is overloaded beyond its weight capacity

When scaffolding is not erected correctly, it can suddenly give way, causing workers to fall or be struck by falling materials and equipment.

Lack of Fall Protection

OSHA regulations require fall protection systems like guardrails, safety nets, and personal fall arrest systems for workers on scaffolding above certain heights. However, these critical safety measures are often missing or inadequate on construction sites. Common issues include:

• Missing or damaged guardrails
• Lack of proper tie-offs for safety harnesses
• Failure to install safety nets
• Inadequate planking or decking with gaps

Without proper fall protection in place, even a small slip or loss of balance can lead to a catastrophic fall from height.

Falling Objects

Tools, building materials, and debris falling from scaffolding pose a major hazard to workers below. This often results from:

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2024-03-21

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2024-03-18

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Guerline Menard

2024-03-18

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2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

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2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-24

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• Lack of toe boards to prevent objects from rolling off platforms
• Failure to secure tools and materials properly
• Overloading of scaffolding with excessive materials
• Workers dropping objects accidentally

Even small objects falling from significant heights can cause severe injuries like traumatic brain injuries.

Electrocution Hazards

When scaffolding is erected near power lines or energized equipment, workers face serious electrocution risks. Common issues include:

• Failure to maintain proper clearance from power lines
• Use of metal scaffolding components near electrical hazards
• Lack of proper grounding and bonding
• Damaged electrical cords or tools used on wet scaffolding

Electrocution can cause severe burns, cardiac arrest, and death.

Unstable Base or Support

Scaffolding that is not built on a solid, level foundation is at high risk of tipping or collapsing. Problems often stem from:

• Erecting scaffolding on uneven or unstable ground
• Failure to use base plates and mud sills
• Inadequate bracing and tie-ins to the building
• Overloading one side of the scaffolding

An unstable base can cause the entire structure to suddenly shift or topple over.

Weather Conditions

High winds, ice, and rain can make scaffolding extremely hazardous. Issues include:

• Failure to secure or take down scaffolding during high winds
• Slippery surfaces from rain or ice
• Reduced visibility in fog or heavy rain
• Lightning strikes on metal scaffolding components

Proper weather monitoring and safety protocols are essential to prevent weather-related accidents.

Who Can Be Held Liable for a Scaffolding Accident?

Determining liability in a scaffolding accident case can be complex, as multiple parties may share responsibility. Potential liable parties include:

General Contractor

The general contractor overseeing the construction project has a duty to ensure a safe work environment. They may be liable if they:

• Failed to properly coordinate and supervise subcontractors
• Did not conduct adequate safety inspections
• Allowed unsafe work practices or conditions on the site
• Failed to provide proper safety equipment and training

Subcontractors

Subcontractors responsible for erecting, maintaining, or using the scaffolding may be liable if they:

• Improperly assembled or used the scaffolding
• Failed to follow safety regulations and procedures
• Did not properly train their workers
• Used defective equipment or materials

Property Owner

The owner of the property where the accident occurred could potentially be liable if they:

• Knew about unsafe conditions and failed to address them
• Retained control over the work being performed
• Failed to warn about known hazards on the property

Scaffolding Manufacturer

If a defect in the scaffolding equipment itself contributed to the accident, the manufacturer may be held liable under product liability laws.

Architects and Engineers

Design professionals may share liability if flaws in their plans or specifications led to unsafe scaffolding conditions.

Other Workers

In some cases, the negligent actions of other workers on the site may have caused or contributed to the accident.Determining all potentially liable parties is crucial to maximize your potential compensation. Our experienced attorneys will thoroughly investigate your case to identify every responsible party.

Types of Compensation Available in Scaffolding Accident Lawsuits

Victims of scaffolding accidents may be entitled to significant compensation for their injuries and losses. The types of damages that may be recoverable include:

Medical Expenses

This covers all past and future medical costs related to your injuries, including:

• Emergency room treatment
• Surgeries and hospital stays
• Medications and medical devices
• Physical therapy and rehabilitation
• Mental health counseling

Lost Wages and Earning Capacity

You can seek compensation for:

• Income lost while unable to work due to your injuries
• Reduced earning capacity if you cannot return to your previous job
• Loss of future earnings and benefits

Pain and Suffering

Non-economic damages may be available for:

• Physical pain and discomfort
• Emotional distress and mental anguish
• Loss of enjoyment of life

Disability and Disfigurement

Additional compensation may be awarded for:

• Permanent disabilities resulting from your injuries
• Scarring or disfigurement

Wrongful Death Damages

If a scaffolding accident resulted in death, the victim’s family may be able to recover:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship and guidance

Punitive Damages

In cases of extreme negligence or recklessness, punitive damages may be awarded to punish the responsible parties and deter similar conduct.The specific damages available will depend on the circumstances of your case. Our attorneys will fight to maximize your compensation across all applicable categories.

The Legal Process for Filing a Scaffolding Accident Lawsuit

Bringing a scaffolding accident lawsuit involves several key steps:

1. Initial Consultation

The process begins with a free consultation with one of our experienced personal injury attorneys. We’ll review the details of your case and advise you on your legal options.

2. Investigation

Our team will conduct a thorough investigation of the accident, including:

• Gathering evidence from the accident scene
• Obtaining witness statements
• Reviewing medical records and accident reports
• Consulting with industry experts

3. Filing the Lawsuit

Once we’ve built a strong case, we’ll file a formal complaint against the responsible parties in the appropriate court.

4. Discovery

Both sides exchange information and evidence related to the case. This may involve:

• Written questions (interrogatories)
• Requests for documents
• Depositions of witnesses and parties

5. Negotiations

We’ll engage in settlement negotiations with the defendants and their insurance companies. Many cases settle at this stage without going to trial.

6. Trial

If a fair settlement cannot be reached, we’re fully prepared to take your case to trial and present a compelling case to a jury.

7. Appeal

If necessary, we can pursue an appeal of an unfavorable verdict or defend a favorable verdict on appeal.Throughout this process, our attorneys will guide you every step of the way, keeping you informed and advocating fiercely for your rights.

How Our Experienced Attorneys Can Help with Your Scaffolding Accident Claim

At Spodek Law Group, we have a proven track record of success in handling complex scaffolding accident cases. Here’s how we can help:

Thorough Investigation

We’ll leave no stone unturned in investigating your accident, including:

• Visiting the accident scene
• Interviewing witnesses
• Obtaining surveillance footage
• Reviewing safety logs and inspection reports
• Consulting with engineering and safety experts

Identifying All Liable Parties

Our team will determine every party that may share responsibility for your injuries to maximize your potential compensation.

Calculating Full Damages

We’ll work with medical experts, economists, and life care planners to accurately calculate the full extent of your past and future damages.

Skilled Negotiation

Our attorneys are skilled negotiators who know how to leverage evidence to obtain favorable settlements from insurance companies and defendants.

Aggressive Litigation

If a fair settlement can’t be reached, we have the courtroom experience and resources to take your case to trial and win.

No Upfront Costs

We handle scaffolding accident cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.Don’t try to handle a complex scaffolding accident claim on your own. Let our experienced legal team fight for the full compensation you deserve. Contact Spodek Law Group today at 212-300-5196 for a free consultation on your case.

Frequently Asked Questions About Scaffolding Accident Lawsuits

Here are answers to some common questions we receive about scaffolding accident claims:

How long do I have to file a scaffolding accident lawsuit?

The statute of limitations for personal injury claims varies by state, but is typically 2-3 years from the date of the accident. It’s crucial to consult an attorney as soon as possible to ensure your claim is filed on time.

What if I was partially at fault for the accident?

You may still be able to recover compensation even if you were partially at fault, depending on your state’s comparative negligence laws. Our attorneys can advise you on how this may impact your case.

How much is my scaffolding accident case worth?

The value of your case depends on many factors, including the severity of your injuries, impact on your earning capacity, and strength of liability evidence. Our team can provide a case evaluation after reviewing the details of your situation.

How long will my case take to resolve?

The timeline for resolving a scaffolding accident case can vary widely depending on the complexity of the case and whether it settles or goes to trial. Some cases settle within months, while others may take a year or more to fully resolve.

What if my employer was responsible for the accident?

If your employer’s negligence caused your scaffolding accident, you may be limited to workers’ compensation benefits. However, you may still have claims against other responsible third parties. Our attorneys can advise you on all available options.Don’t hesitate to contact us with any other questions about your potential scaffolding accident claim. We’re here to help you understand your rights and options.

Contact Spodek Law Group for a Free Consultation

If you or a loved one has been injured in a scaffolding accident, don’t wait to seek legal help. The experienced personal injury attorneys at Spodek Law Group are ready to fight for the full compensation you deserve.We offer free, no-obligation consultations to discuss your case and explain how we can help. There are no upfront costs, and you only pay if we win your case.Call us today at 212-300-5196 or contact us online to schedule your free case evaluation. Let us put our knowledge, resources, and passion for justice to work for you.