Construction work is a hazardous occupation, and it often ranks among the most dangerous jobs in America. On construction sites, workers face dangers like heavy equipment, machinery, tools, heavy lifting, and working in high places—sometimes with no harness. Any of these situations can cause a dangerous construction accident in South Florida.
Scaffolding accidents are particularly hazardous. When scaffolding is unstable or insecure, it can cause a worker to fall from a significant height. Serious back injuries , brain injuries, and other trauma can result. These falls can even be fatal.
If you suffered injuries in this type of fall, a scaffolding accident and injury lawyer in Miami, FL, can help. At the Law Offices of Anidjar & Levine, we help scaffolding accident victims in Miami pursue the fair compensation they deserve for their injuries. To schedule a free case evaluation with a member of our team, call 1-800-747-3733 today.
What Makes Scaffolding so Dangerous?
When scaffolding is secure, it is reasonably safe, though the risk always exists of a worker falling off the edge or through a gap. However, because scaffolding is usually put together in a rush so that a job can get done, it is often insecure. In addition, workers are often balanced several stories in the air while they work. Insecure scaffolding poses a great hazard to the workers it supports and to any pedestrians in the vicinity.
The U.S. Bureau of Labor Statistics (BLS) reported that over 50 fatalities attributed to scaffolding occurred in 2009. Nearly three-quarters of injured workers said their accident was the result of a plank giving way, a slip, or being hit by a falling object. In each of these scenarios, someone other than the employee could bear liability.
The Occupational Safety and Health Administration (OSHA) maintains strict standards regulating the safety of scaffolding. Sadly, many companies skimp on the required safety measures for scaffolding or omit them entirely. Because most construction workers injured in scaffolding accidents have not read the OSHA rules themselves, they remain unaware that negligence on behalf of their employer or the job site owner directly contributed to their injury.
However, the party who neglected to adhere to OSHA is financially liable for your damages. Our attorneys can help you determine who was responsible for your accident.
Who Is Responsible for a Scaffolding Accident?
A good chance exists that the scaffolding failure that caused your injuries was preventable. It might not have happened if other parties on the jobsite had been more scrupulous about quality control and adhering to regulations. When our attorneys take your case, we first conduct a thorough investigation into your accident to find out exactly what happened and why. From our investigations, we often find that one of the following caused the scaffolding failure:
- Poor, shoddy, or improper scaffolding construction;
- Unsafe or defective equipment;
- Lack of safety features; or
- Inadequate supervision.
Each of these points to a type of negligence, which can expose another party to financial liability for your injuries. We gather evidence, build a case on your behalf, and seek fair compensation.
How Can I File a Claim and Win Compensation?
How we file a claim for a scaffolding injury depends on the circumstances of your accident. If it occurred on the job, we can file a workers’ compensation claim.
Our workers’ compensation lawyers will pursue your claim. We will counter any argument your employer or the insurance company puts forth that you are ineligible for benefits.
But just because your accident happened on the job does not necessarily mean that workers’ compensation is your only option for recovering damages. It is possible that a third party other than your employer bears some or all of the liability for your accident.
Common third parties we have encountered who are responsible for scaffolding accidents include:
- Job site owners;
- Scaffolding manufacturers;
- Property owners; and
- Property managers.
If one of the above parties—or anyone else other than your employer—is responsible for your accident and injuries, we can hold them liable for your losses. Our options include filing a claim against their insurance company for damages or, if the insurer does not agree to pay fair compensation, filing a personal injury lawsuit and taking your case to court.
What Damages Can I Win for My Scaffolding Accident Injury?
After we conduct a thorough investigation, we can determine the value of your damages. Your compensation will depend on who was at fault, the circumstances of the accident, and the severity of your injuries, along with several other factors.
We have fought and won many cases stemming from scaffolding accidents. Many of our clients have won settlements and jury verdicts including some or all of the following damages:
- Current and anticipated future medical bills;
- Lost income from work;
- Reduced future ability to earn;
- Compensation for pain and suffering, emotional anguish, and loss of consortium; and
- Punitive damages, in cases where the responsible party was not only negligent but malicious or grossly reckless.
Call 1-800-747-3733 to Schedule a Free Case Evaluation With a Scaffolding Accident Injury Lawyer in Miami.
The legal team at the Law Offices of Anidjar & Levine is ready to take your case and help you fight for the fair compensation you deserve. To schedule your free case evaluation, call 1-800-747-3733 today.