If you or a loved one suffered injuries in a scaffolding fall at your workplace, you are entitled to workers’ compensation benefits. In some cases, you may also be able to recover compensation from a third-party claim. A scaffolding accident and injury lawyer in Melbourne, FL from the Law Offices of Anidjar & Levine can evaluate your case and determine your options for compensation.
Recovering Compensation for Scaffolding Accident Injuries
After a workplace accident, you will first turn to your employer’s workers’ compensation insurance policy to cover your medical care and a portion of your lost wages. Family members of a worker who died in a scaffolding accident are also entitled to death benefits.
While obtaining workers’ compensation benefits should be straightforward, it rarely is.
Workers’ compensation insurers are businesses and will, in many cases, do what they can to avoid paying out what you need. To deny your claim, the insurer or your employer may allege:
- You fell from the scaffolding because you were intoxicated or behaving recklessly;
- You purposefully injured yourself;
- You missed a deadline (e.g., you must report your injury to your employer within 30 days of the accident or risk receiving a claim denial).
If you received a denial, call our team at 1-800-747-3733. We can determine the reason for your denial and if possible, begin crafting your appeal to get the benefits you need.
Workers’ compensation does not cover all the losses you incur after a workplace accident. Depending on the circumstances of your accident, you may be able to hold someone liable for your injuries from the scaffolding accident.
It is important to note that workers’ compensation laws prohibit an injured party from suing their employer. If we can determine another party caused or contributed to your accident, we may be able to hold a third party liable. A third party might include:
- A construction site owner
- A building owner
- A contractor
- A manufacturer
- Scaffolding installer
Any of the following could make a third party liable for your scaffolding accident injuries:
- Failure to provide proper maintenance
- Failure to provide proper supervision
- Failure to properly erect scaffolding
- Equipment defects
- Poor scaffold construction
- Failure to follow safety standards
- Failure to provide safety training or equipment
- Failure to follow manufacturer’s instructions
Establishing Fault for a Scaffolding Accident Injury
To hold another party liable for your scaffolding injury, we must be able to prove the third party’s actions or inactions caused or contributed to your injury. The process we take depends on the liable party.
Contractor or Owner Negligence
To hold a contractor or property owner liable, we must prove they did something or failed to do something that caused you to suffer injury. Proving this requires establishing the four elements of negligence:
Duty of Care
The party in question must have owed you a duty. Examples of duty of care include:
- A property owner must keep his property safe for anyone that he invites onto it.
- A manufacturer owes consumers a duty to create safe products.
Breach of Duty
The party in question breached its duty. For example:
- The property owner knew there was a hazard on the property that could prevent safely installing scaffolding. The property owner neither warned the contractor nor remedied the hazard. This negligence led to the scaffold collapsing.
- The manufacturer created scaffolding that was defective in some way. We do not need to prove negligence on the part of the manufacturer.
Your injury must have resulted from the breach. For example, if you fell off the scaffolding because you were not paying attention, you likely cannot hold a third party liable.
To hold a manufacturer liable, we must prove you suffered injury using the product in a way that was to be expected.
You suffered damages such as medical bills, lost wages, and pain and suffering.
If you suffered a scaffolding accident, you should consider contacting a scaffolding accident and injury lawyer in Melbourne, FL to discuss your case.
A Melbourne Scaffolding Accident & Injury Lawyer Can Help
If you or a loved one suffered injuries in a Melbourne scaffolding accident, you may be entitled to compensation from workers’ compensation or a third-party claim, or both.
Our team can investigate your accident and determine your options for recovery. If we determine you are eligible to file a claim against a third party, we will gather any necessary evidence and build a strong case holding that party liable for any injuries you suffered.
We offer free consultations to learn more about your case and to explain the legal options you may have. Give us a call today: 1-800-747-3733.
Contact A Scaffolding Accident & Injury Lawyer
The personal injury attorneys at the Law Offices of Anidjar and Levine have helped many people recover compensation. We have the experience and skills necessary to handle scaffolding accident lawsuits against negligent parties. Our Florida scaffolding accident and injury lawyers in Melbourne, FL fight for the rights of injured workers. Let us put our experience to work for you.
A serious injury can affect you personally, professionally, and financially for years to come. If you suffered injury in a scaffolding accident or fall, you have rights. We will evaluate the unique circumstances of your case and guide you through the legal process for obtaining the compensation you need. Contact the Law Offices of Anidjar and Levine for a free case evaluation.
Call us today at 1-800-747-3733.