California Scaffolding Accident Lawyers
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- Scaffolding Accident Statistics
- Common Scaffolding Accidents
- OSHA Scaffolding Regulations
- Scaffolding Safety List
- Scaffolding Accident Injuries
- Workers' Compensation
- Recoverable Damages
- What Should I Do After a Scaffolding Accident?
- Wrongful Death in a Scaffolding Accident
- Benefits of Hiring The Best California Scaffold Accident Lawyers
- Free Case Consultation
Top-Rated Personal Injury Lawyers Representing Scaffolding Accident Victims Throughout California
Scaffolding accidents are an all-too-common occurrence in construction sites, often resulting in severe injuries or even fatalities. Despite strict safety regulations, inadequate setup, faulty materials, and human error can lead to devastating accidents. There’s no telling when a tragedy might happen. But when it does, call Arash Law’s scaffold accident lawyers at (888) 488-1391 to know your legal rights to compensation.
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 is dangerous, 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 appearance 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 has some of the largest populated cities in the United States, and as such, scaffolding use has increased to create more businesses, establishments, and houses. The more scaffolding work has increased, the more scaffolding-related accidents have occurred. When these accidents occur, it is usually due to the scaffolding collapsing, which causes construction workers to fall from them. Moreover, bystanders can also sustain injuries due to the scaffolding collapsing. Whether you are an employee or a bystander, the scaffolding accident can be life-changing, leading to a difficult road to recovery.
If you suffered an injury in a scaffolding collapse or accident, contact the attorneys at Arash Law. Our lawyers have decades of experience handling personal injury cases. Having represented thousands of satisfied clients, we know how to handle insurance company negotiations and guide you successfully through the legal process. Here at Arash Law, you only need to focus on your recovery and return to a fulfilled life.
For decades, the attorneys at Arash Law, founded by famous attorney Arash Khorsandi, Esq., have helped accident victims get the compensation they deserve – recovering over $500 Million for personal injury victims and their families throughout the Golden State. The effects of suffering a scaffolding accident can be daunting and extensive. Our California scaffolding accident lawyers are completely dedicated to helping victims navigate the legal process. No matter the case’s complexity, we’re here to guide you and fight for your rights all the way. Contact us today at (888) 488-1391 or via online chat to schedule a free no-obligation case evaluation.
Scaffolding Accident Statistics
According to the Occupational Safety and Health Administration (OSHA), at least 5,250 constructors 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 works from scaffolding collapses and accidents. Contractors and building owners must comply with these guidelines and ensure safety equipment is provided for the workers on site. These include correctly maintained hoists, secure ladders, safety lanyards, and safe scaffolding.
The provided guidelines:
- 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 it will bear.
- Number one-grade lumber must be used on all platforms.
Moreover, all employees must be adequately trained to meet the proper criteria for working at heights. This training is mandatory for all constructors on site 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
There are a few basic precautions to ensure the scaffolding is 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 width-wise or length-wise. They should be extended about one foot beyond the scaffold.
- Properly assemble – Constructors 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
- Falling debris – Scaffolding accident statistics show that approximately 75 percent 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. Contactors should regularly inspect scaffolds to ensure they are structurally secure. Site operators may be at fault for a constructor’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 and spinal cord injuries that occur due to falling materials from the scaffold
- Wrongful death
Workers' Compensation
In a workers’ compensation claim, employees can ensure that their medical expenses are paid and receive compensation for their losses if their injuries prevent them from working. Workers can file these claims 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 some cases, workers’ compensation may not be enough to recover 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 recoverable 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 recover all losses. In such cases, victims of scaffolding accidents can file a negligence claim, where contractors, sub-contractors, owners, manufacturers, or any other parties can be held liable.
Recoverable Damages
Scaffolding accidents can lead to an abundance of loss, especially financial loss. Medical expenses and lost income from needing time off work can pile up. Experienced California scaffolding accident lawyers can help victims recover all their sustained damages.
The summation of the damages that can be recovered from a scaffolding accident is 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, non-economic, and punitive losses.
Economic Damages
- Current and future medical expenses include the cost of rehabilitation, medical equipment, and future surgery.
- The accident victim can recover current and future lost income, including lost earning capacity.
Non-Economic Damages
- Pain and suffering
- Loss of consortium
Punitive Damages
Punitive damages are usually not utilized to repay the victim. Instead, they are attached to the defendant to ensure they will not again cause a similar accident.
What Should I Do After a Scaffolding Accident?
Your steps after an accident can affect your physical well-being and access to legal options. You must take the following correct steps after an accident to protect yourself.:
- Seek medical attention – Following an accident, the victim’s health is the most important thing to attend. 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 after receiving medical care. This evidence can include pictures of the damages, witness statements, witness contact information, and any medical treatment. Also, document all medical expenses. Necessary documentation can include paramedic bills, ambulance bills, and even insurance claims. This evidence can help the victim’s case’s validity and help them recover the financial losses.
- File an accident report – There is usually a 30-day window to file a report following an accident. However, you should file as soon as possible. If more than 30 days elapse without an accident report, California law determines that the victim forfeited any right to receive compensation. The report should be as detailed as possible, including all parties involved. Filing a report is a crucial component of the claim.
- Contact California’s trusted scaffold accident lawyers – Experienced and dedicated scaffolding accident attorneys in California can help victims navigate the legal process by helping them recover for their losses.
Wrongful Death in a Scaffolding Accident
In the case of a wrongful death, where a loved one may have died in a scaffolding accident, a wrongful death lawsuit can help to recover 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 wrongful death and personal injury cases, the victim or victim’s family can receive punitive awards if the defendant acted recklessly. Good scaffolding accident lawyers in California will fight tooth and nail to ensure that the victim gets the justice he or she rightfully deserves.
Third-Party Liability
Sometimes, accidents occur due to scaffolding manufactured by a third party rather than the employers. If there are defective parts, workers have an increased chance of enduring an accident and sustaining injuries. Also, improperly installed parts by a third party can cause workers to endure an accident and sustain injuries.
When a third party is negligent in their manufacturing or installation, victims or the families of a wrongful death case can hold the third party liable when seeking compensation. Injured workers and families can also seek workers’ compensation benefits while filing a personal injury lawsuit against a third party.
Premises Liability Lawsuit
A large portion of construction sites are located on properties that are owned by homeowners or businesses. 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 seeks to recover 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 must rectify them immediately. Like third-party lawsuits, victims or their families who file premises liability lawsuits can recover benefits.
Benefits of Hiring The Best California Scaffold Accident Lawyers
Scaffold Attorneys Have Experience
Your California scaffolding accident lawyers have experience handling the various parts of an accident case. Their experience handling the legal, insurance, and healthcare systems can help the victim receive the compensation they are entitled to. Understanding the system ensures that the case is not just a closed one but a successful one.
Scaffold Attorneys Can Manage Your Legal Claim
The primary concern of a scaffolding accident victim is to make a full and healthy recovery while recovering any compensation owed to them. Physical recovery can be stressful enough, so an attorney can use their legal experience to relieve the victim’s stress by handling the legal side of recovery.
Scaffold Attorneys Help Maximize the Claim
Any victim of a scaffolding accident is entitled to full compensation. Skilled California scaffolding accident lawyers will value the case, ensure the victim receives all money owed to them, and ensure they do not miss any coverages where extra money can be left out. Your attorney will strive to go the extra mile so you receive all compensation available to you.
Scaffold Attorneys Can Help You Receive Medical Treatment
Top scaffolding accident lawyers in California typically have a network of medical field contacts. Attorneys will not offer medical advice or recommendations, but their contacts do understand the mental, physical, and emotional effects that a victim bears. They can recommend physicians and therapists to aid the victim in recovering.
Free Case Consultation
When someone is involved in a scaffolding accident, whether they did or did not suffer an injury, they can seek a free case consultation. This consultation will typically consist of reviewing the relevant documents, pictures, and statements to help start the individual in the right direction. Additionally, the consultee will have the opportunity to ask the attorney any questions about the case. The consultation will be the attorney giving the consultee personalized legal advice tailored to the case details.
What follows are a couple of things the consultee should have in their possession to make the most of their consultation.
All Necessary Evidence
- Photographs of the scene of the accident
- Statements from any witnesses
- Medical records
- Invoices from 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 difficulties resulting from them. Difficulties resulting from a scaffolding accident can cause the inability to perform basic tasks, hobbies, or overall pain accident victims endure. Bringing this journal to the consultation can assist the lawyer in discussing the victim’s damages.
Contact Arash Law’s Award-Winning California Scaffolding Accident Lawyers Today!
The construction industry is an inherently dangerous line of work. Many people are responsible for operating and maintaining heavy machinery to ensure they and others are safe. As cities and states grow, construction sites grow, increasing the probability of scaffolding accidents. California has several of the largest populated cities in the United States, and you can easily find an active construction site. Cities like Los Angeles, San Francisco, San Diego, and Oakland are steadily growing. As such, construction workers and bystanders need to be aware of what to do to prevent an accident and how to react in the case of a scaffolding collapse and other types of construction accidents.
Recovering compensation after a scaffolding accident can be quite difficult. In addition to the property damage and bodily harm, there is much mental, emotional, and financial damage from which the victim must recover. Knowing the subsequent steps to take can be difficult, but there are experienced scaffolding accident lawyers in California who can help people through this process. From investigating and engaging with the insurance company, your attorney will act to ensure you receive full and fair compensation for your economic, non-economic, and punitive losses.
The scaffolding accident attorneys at Arash Law, headed by Arash Khorsandi, Esq., have decades of experience helping our clients get the compensation they are entitled to after a construction-related accident. Victims who suffer a loss from an accident need a legal team to help them recover. Our legal team takes pride in making sure victims get what they deserve. Contact us today at (888) 488-1391 or via online chat to schedule a free no-obligation case evaluation. At Arash Law, we are here to help.
