California Scaffolding Accident Lawyers
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Our California Scaffolding Accident Lawyers Help Victims Make Informed Decisions
Scaffolding accidents often happen in construction sites and can lead to severe injuries or even fatalities. Despite strict safety regulations, poor installation, faulty materials, and human error can lead to devastating accidents. When such accidents occur, Arash Law’s scaffolding accident lawyers can help you understand your rights and represent your interests. Contact us at (888) 488-1391 to discuss your case in a free initial consultation.
In construction, scaffolding is a temporary structure used to support construction workers and the materials needed for the project. Scaffolding can be made of poles, pipes, steel, or wood and can be suspended or supported. To repair and maintain buildings, bridges, establishments, or other structures, scaffolding provides a safe platform for workers to do their jobs.
Scaffolding has a long history, with the earliest records dating back to ancient Egypt, Greece, and China. Over the centuries, scaffolding has evolved immensely, replacing the wood poles of the 1900s with metal scaffold poles. Many scaffold frames we see today, particularly in larger cities, are the post-World War 2 building boom style. The newer style allows companies to build safely and more quickly. As such, scaffolding is still improving in safety and efficiency for the benefit of both constructors and bystanders.
Although scaffolding has improved over the years, it is still connected to an inherently dangerous occupation, requiring workers to be at extreme heights for hours at a time. Though the job can be risky, it plays a crucial role in creating our society’s infrastructure. In many of the large cities of the United States, scaffolding is a common and frequent sight as the cities continue to grow. Particularly in largely populated cities such as Los Angeles, construction takes place more rapidly to account for the city’s constant growth.
California is one of the most populous states in the United States. As such, scaffolding use has increased because of more businesses, establishments, and houses being developed. As the number of scaffolding projects increases, the risk of scaffolding-related accidents also rises. When these accidents occur, it is usually due to the scaffolding collapsing, which causes construction workers to fall and potentially harm bystanders. Whether you are an employee or a bystander, a scaffolding accident can be life-changing and can lead to a difficult road to recovery.
If you suffered an injury in a scaffolding accident, the attorneys at Arash Law can guide you on your next steps. Our lawyers have decades of experience handling personal injury cases. We can handle insurance company negotiations and guide you through the claims process. With Arash Law by your side, you can focus on healing while we handle your case on your behalf.
For decades, the attorneys at Arash Law, led by Arash Khorsandi, Esq., have helped accident victims seek compensation for their losses. We have supported many personal injury victims and their families throughout the Golden State. Our California scaffolding accident lawyers are dedicated to helping you with your case, no matter the complexity. Call us at (888) 488-1391 or complete our “Do I Have A Case?” form for a free initial consultation.
Scaffolding Accident Statistics
According to the Occupational Safety and Health Administration (OSHA), at least 5,250 construction workers died while working on construction sites in the year 2018. This statistic equates to more than 14 fatalities a day. Among OSHA standards, scaffolding on construction sites ranks among the most cited violations.
OSHA Scaffolding Regulations
OSHA has provided detailed guidelines and regulations to protect construction workers from scaffolding collapses and accidents. Contractors and building owners are required to adhere to these guidelines and guarantee the provision of safety equipment for the workers on site. These include correctly maintained hoists, secure ladders, safety lanyards, and safe scaffolding.
Guidelines on the use of scaffolds:
- All scaffolding platforms must be at least 18 inches wide.
- Platforms higher than 8 feet must have a full deck.
- Each scaffold must be designed, tested, and approved by a professional engineer.
- All scaffolds must be regularly inspected.
- All scaffolds must have a guardrail.
- All scaffolds must support at least four times the weight of the load they will bear.
- All platforms must use number one-grade lumber.
Moreover, all employees must be adequately trained to meet the proper criteria for working at heights. This training is mandatory for all constructors onsite due to the present risk of falls. The correct protective equipment must also be used when workers operate at 10 feet or greater. These regulations have been implemented to decrease hazardous situations and reduce the probability of accidents.
Scaffolding Safety List
Here are a few basic precautions to keep the scaffolding safe to use:
- Select the Correct Scaffolding — There are several types of scaffolding, each suited to perform a specific type of task. Identifying what scaffolding is most appropriate to complete the task successfully is important. For example, there are frame scaffolds that work best for heavier loads and longer worker periods. Contrarily, rolling scaffolds are also best used for electrical work and shorter work periods.
- Locate Hazardous Spaces — Inspectors should look for hazardous slopes or unlevel surfaces before a scaffold is constructed. The soil must be compacted and even with mudsills or planks if constructed on the soil. The scaffolds also should be laid underneath the frame either widthwise or lengthwise. They should be extended about one foot beyond the scaffold.
- Properly Assemble — Construction workers should properly assemble the scaffold before erecting and using it. Assembling a scaffold too quickly or failing to be detailed can result in potentially fatal accidents. A major safety component of any scaffold is the guardrail. Lack of guardrails can result in injuries, especially at lower heights.
- Inspection — All scaffold parts should be correctly inspected before and after use. Some things to be checked are cracks, breakage, rust, warping, and deterioration.
- Do Not Overload — It is crucial not to exceed the weight limit of the scaffold. Overloading can cause the scaffold to overturn, resulting in the injury of workers or bystanders.
- Dismantling — Workers should wear the proper fall protection equipment when dismantling a scaffold. Each tier should be taken apart one at a time. It is important to note that scaffolds that have been up for longer periods can produce rust or deteriorated parts.
$6,800,000.00
Does v. California Farm (confidential) –settlement for a group of farmworkers who were killed when the car they were transported in to work flipped over in Merced County.– Benny Khorsandi
Common Scaffolding Accidents
The Bureau of Labor Statistics (BLS) estimates that scaffolding accidents lead to thousands of injuries and dozens of fatalities each year. Most of these accidents occur due to falls from heights, being struck by falling materials, or the plank giving out. Common scaffolding accidents include:
- Falling Debris — Scaffolding accident statistics show that approximately 75% of all scaffolding-related injuries result from falls or being struck by falling materials. All tools and materials should be properly secured at elevated heights.
- Faulty or Lack of Guardrails — Construction operators who do not provide secure guardrails and safety lines may be responsible for injuries sustained by a worker who falls. In 2009, 54 workers were reported to have died after falling from a scaffold.
- Electrocution — Workers often have to work on scaffolds raised several feet in the air, nearing electrical power lines. Site operators should be dedicated to keeping a safe distance between the workers and the power lines.
- Overloading — Scaffolds can collapse when they have exceeded their maximum weight limit. Contractors should regularly inspect scaffolds to ensure they are structurally secure. Site operators may be at fault for a contractor’s injury if they do not comply with regular inspections.
- Inadequate Employee Training — Employers are obligated to hire qualified professionals. Failure to hire an expert trainer can leave the employer open to legal liability.
- Poor Weather Conditions — Poor weather conditions can cause slippery conditions and falls. Construction site managers may face legal consequences if they require workers to climb scaffolding during inclement weather.
Scaffolding Accident Injuries
Every accident is different, and the injuries the victim will face are particular to the accident. Here is a list of common injuries scaffolding accident victims may face:
- Head Injuries
- Concussions
- Electrocutions And Burns
- Lacerations And Bruises
- Broken Bones
- Paralysis
- Crush Injuries
- Catastrophic Brain Injuries
- Spinal Cord Injuries
- Wrongful Death
Workers’ Compensation
In a workers’ compensation claim, employees can seek payment for their medical expenses and pursue compensation for their losses if their injuries prevent them from working. These claims can be filed by workers without proving a case against their employer. There are limited options a worker has when seeking compensation for non-economic losses, such as pain and suffering.
In certain circumstances, workers’ compensation may not be enough to cover all financial damages. In such a case, California’s laws provide numerous exceptions:
- Dual Capacity — This exception displays a site operator’s many duty levels to keep the workers safe. When a duty arises separately from the employer-employee relationship, valid negligence will show, which can add to the summation of the victim’s damages.
- Safety Guard Removal — Employers who remove safety guards from power presses may be at fault for negligence, in addition to the workers’ compensation damages.
- Concealing Injuries — Employers who conceal a worker’s job-related injury may be liable for damages and workers’ compensation.
The benefits from workers’ compensation laws are usually limited. As such, the benefits are often not enough for the worker to cover all losses. In such cases, victims of scaffolding accidents can file a negligence claim, where contractors, subcontractors, owners, manufacturers, or any other parties may be held liable, depending on the facts of the case.
Damages You Can File A Claim For
Scaffolding accidents can lead to devastating consequences, including financial loss. Medical expenses and lost income from needing time off work can pile up. Experienced California scaffolding accident lawyers can help victims pursue compensation for damages they sustained.
The various types of damages you can pursue in a scaffolding accident claim are divided into three categories: economic, non-economic, and punitive.
Every scaffolding accident has unique circumstances, so there is no definitive answer to what each victim will receive. Generally, a victim’s compensation is determined by economic and non-economic losses.
Economic Damages
These damages are generally easy to prove. They refer to the tangible losses that an accident victim suffers. Economic damages can include the following:
- Current and future medical expenses include the cost of rehabilitation, medical equipment, and future surgery.
- Current and future lost income, including lost earning capacity.
Non-Economic Damages
These damages are usually more abstract and difficult to account for. They usually include intangible losses caused by the accident. Examples of non-economic damages include:
- Pain & suffering
- Loss of consortium
Punitive Damages
In rare cases, the court may award punitive damages for gross negligence or intentional misconduct by the defendant. Punitive damages are usually not intended to compensate the victim. Instead, they are awarded to punish the defendant and discourage others from causing similar accidents.
What Should I Do After A Scaffolding Accident?
The steps you take after an accident can affect your physical well-being and access to legal options. Here are some precautions you can take after an accident:
- Seek Medical Attention — Following an accident, your health is the most important thing you need to attend to. If you get injured at work, the construction site manager should contact the local emergency responders to prevent further bodily injury.
- Document the Accident — Gather evidence from the accident scene if you are able to. This evidence can include pictures of your injuries, witness statements, witness contact information, and any medical treatment. Additionally, document all medical expenses, which can include paramedic bills, ambulance bills, and even insurance claims.
- File an Accident Report — Under California law, accident reports must be filed within specific timeframes. Report to the police within 24 hours if there are injuries or deaths. Submit a report to the DMV within 10 days if there is injury, death, or property damage over $1,000.
- Contact a California Scaffolding Accident Lawyer — Experienced and dedicated scaffolding accident attorneys in California can help you navigate the legal process. They can assist you in pursuing compensation for your losses.
Wrongful Death In A Scaffolding Accident
If a loved one died in a scaffolding accident, a wrongful death lawsuit can help to pursue compensation for the medical bills, funeral costs, and even the pain and suffering that the family endures. Additionally, damages in wrongful death cases can include any interest that started on the date of the death.
In certain wrongful death and personal injury cases, the victim or their family might be eligible for punitive damages if the defendant acted with extreme recklessness. Our scaffolding accident lawyers in California work diligently to help victims seek justice and fair compensation under the law.
Third-Party Liability
Sometimes, accidents occur due to scaffolding manufactured by a third party rather than the construction company. If there are improperly installed or defective parts, workers are more likely to be involved in accidents and sustain injuries.
When a third party is negligent in their manufacturing or installation, the family of a wrongful death victim can seek accountability from the third party and pursue financial restitution. Injured workers and families can also seek workers’ compensation benefits while filing a personal injury lawsuit against a third party.
Premises Liability Lawsuit
Homeowners or businesses own a large portion of the properties where construction sites are located. When a scaffolding accident results from a condition on the homeowner’s or business owner’s property, the owners can be held liable when the victim files a claim for damages. Property owners, landlords, and landladies are responsible for protecting the safety of workers present for business purposes. If they are aware of hazardous conditions on their property, they should rectify them immediately. Like third-party lawsuits, victims or their families who file premises liability lawsuits can pursue compensation for their losses.
Benefits Of Hiring Experienced California Scaffolding Accident Lawyers
Handling an accident claim alone can be overwhelming. Our scaffolding accident lawyers in California can help you navigate this challenging time and assist you with your personal injury claim. Here are some reasons why hiring our attorneys can be beneficial to your case:
Years Of Experience
Our California scaffolding accident lawyers have decades of combined experience handling accident cases. We help victims navigate the legal, insurance, and healthcare systems and help them pursue compensation for their losses.
Legal Representation
The primary concern of a scaffolding accident victim should be healing from their injuries. Our attorneys can handle the legal matters while you focus on recuperating.
Claim Value Assessment
Our skilled California scaffolding accident lawyers can assess the validity of your claim and estimate the compensation that may be available under the law.
Connection With Medical Professionals
Our scaffolding accident attorneys in California can refer you to a network of medical professionals. Depending on your injuries and health concerns, we can recommend physicians and therapists to help you regain your health.
Free Initial Consultation
When you are involved in a scaffolding accident, whether you suffered an injury or not, you can seek a free case review with Arash Law. During the consultation, you can talk to our attorney about your case and find out what legal options might be available for you.
What follows are a couple of things you should have to make the most of your consultation.
All Evidence Gathered
Before the consultation, gather all evidence from the accident. Include anything that shows any damages you sustained and any proof showing liability. Evidence may include:
- Photographs Of The Scene Of The Accident
- Statements From Any Witnesses
- Medical Records
- Invoices For Injury-Related Expenses
A Personal Injury Journal
Consider keeping a personal injury journal to help you express your feelings and keep an accurate timeline of events following the accident. Not only should victims record their injuries, but they should also record the challenges arising from them. Mention how the injury affected basic tasks or hobbies, as well as the pain and suffering you experienced. Bringing this journal to the consultation can assist the lawyer in discussing the victim’s damages.
Contact Our California Scaffolding Accident Lawyers!
Pursuing compensation after a scaffolding accident can be quite difficult. Arash Law’s experienced scaffolding accident lawyers in California can guide you through this process. From investigating the accident to presenting your case in court, our attorneys can stand by your side as you seek just compensation for your losses.
Our dedicated scaffolding accident attorneys at Arash Law have decades of combined experience helping clients pursue compensation after construction-related accidents. Contact us at (888) 488-1391 for a free, no-obligation consultation.
