Improper Assembly Accident LawyersLast updated on: July 12, 2020
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As construction injuries become more and more prevalent, instances of on-the-job construction accidents have increased as well. Incidents involving scaffolding falls or collapses are some of the most common types of construction site accidents as these jobs often require workers to be raised up high in order to perform quality work. When a tool like scaffolding is necessary for everyday work, then it is imperative that the necessary steps are taken to ensure the safety of every employee when they use it. Those who are in charge of overseeing construction sites have an obligation to keep the work environment reasonably safe. When they fail to do so, serious accidents and injuries may result and lead to legal consequences.
After suffering an injury due to a workplace accident such as falling off scaffolding, you should take the proper steps to make sure your rights are protected. The best way to do that is to speak with an attorney. Our attorneys at Zinda Law Group are experienced and may be able to assist you with your claim starting today.
If you or someone you love has been injured by improper scaffolding assembly, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with an improper assembly accident attorney today.
WHEN IS SCAFFOLDING IMPROPERLY ASSEMBLED?
The Occupational Health and Safety Administration (OSHA) makes it a priority to protect workers. In order to achieve this goal, the agency sets federal standards to ensure safety and promote education for those in the workplace. The following are some of the requirements in place to ensure that employers are using and assembling scaffolding properly:
- Putting guardrails in place for fall protection
- Making sure that those guardrails are of a specific regulatory height depending on when the scaffolding was manufactured
- Installing midrails
- Installing platforms to support each scaffolding
- Ensuring scaffolds can support 4 times the maximum intended load
- Requiring each employee to participate in scaffolding hazard and safety training
- Inspecting scaffolding before each shift work and after any incidents that may call into question the integrity of the structure
Scaffolding safety requires workers to use the equipment for its intended purpose, follow all safety protocols, refrain from using equipment that they know to be faulty or damaged, and do their due diligence to check the scaffolding before use.
IMPROPER ASSEMBLY INJURY STATISTICS
The United States Department of Labor estimates that 2.3 million construction workers, or roughly 65% of the construction industry uses scaffolds. . More recent studies from the Bureau of Labor Statistics shows that 72% of workers injured in scaffold accident can attribute their injuries to either improper support, slipping, or being struck by an object while on the scaffolding.
While proper assembly cannot necessarily prevent every scaffolding accident, proper safety and assembly protocols can certainly make a difference in preventing needless workplace accidents and injuries.
COMMON INJURIES DUE TO IMPROPER ASSEMBLY
Some of the common injuries that may result from a scaffold-related accident include:
- Spinal cord injury
- Traumatic brain injury
- Broken bones
- Organ damage
- Emotional distress
WHAT TO DO AFTER AN INJURY DUE TO IMPROPER ASSEMBLY
Seek Medical Attention
After an improper scaffolding assembly accident in the workplace, the first and most important step you should take is to make sure that you receive medical attention. Even minor injuries can lead to severe consequences if left unattended. Thus, it is always in your best interest to make your health and safety a priority. In addition to prioritizing your health, visiting a medical professional to treat your injuries creates medical records that can be used as important evidence when filing a personal injury lawsuit or workers’ compensation claim.
Documentation is critically important. When dealing with a legal claim of any kind, the more documentation you have to support your version of the events, the better. It is important to document where the accident happened and any visible injuries. You want to be able to show your employer and the insurance companies where the accident happened and what damage it caused. Injuries can change quickly, and the site of the accident may be cleaned up or tampered with. You want to preserve an accurate depiction of what happened as close to the time of the accident as possible.
Speak with an Attorney
Speaking with and securing an attorney who has experience with improper assembly accidents in the workplace may drastically help you when filing a claim. Our attorneys at Zinda Law Group may speak with you about your accident to better understand how we may be able to help you seek the maximum compensation for your injury.
WHO IS LIABLE FOR IMPROPER ASSEMBLY INJURIES?
Scaffolding accidents often occur while you are at work. If this is the case, then your employer may be liable and workers’ compensation will likely be your avenue for relief. This will limit your ability to sue your employer unless you can show some evidence to suggest that your employer knew of the workplace hazard or willfully disregarded federal regulations.
Learn More: Workplace Injuries
On the other hand, if the scaffolding broke while you were using it properly and according to all regulations, then you may have a product liability lawsuit against the manufacturer. In that instance, it is the manufacturer who would be responsible to compensate you for any injuries.
A Third Party
Another third party, such as a coworker, may be responsible if you can show that somehow their actions led to your injuries. Maybe you were pushed, your coworker was not using the equipment properly, or your coworker was negligent in some way that caused you to become injured.
Essentially, the key to determining who is liable for your scaffolding-related injury is to identify whose negligent or willful conduct caused your injuries.
IMPROPER ASSEMBLY LAWSUITS
Whether you are filing a claim for workers’ compensation, filing a personal injury lawsuit, or pursuing a product liability claim, the process is likely to be long and complicated. When seeking compensation for injuries from insurance providers after an accident, you have to remember that insurance companies pay their attorneys a lot of money to try to figure out a way to pay you as little as possible. Insurance companies will try to find inconsistencies in your story as a way to escape liability for your accident.
Aside from keeping organized documentation, one of the best things you can do for yourself is to speak with and hire an experienced attorney. Attorneys play an important role in making sure that all relevant parties in the case are treating you appropriately. At Zinda Law Group, we have a group of experienced attorneys who have dealt with improper assembly accidents and other workplace injuries. We may be able to help you with your claim by negotiating on your behalf, making recommendations throughout the legal process, and making sure that you are being treated fairly.
IMPROPER ASSEMBLY COMPENSATION
When you are injured due to a workplace hazard such as improperly assembled scaffolding, you may be able to recover both economic and non-economic damages. While these are both compensatory damages that are meant to help make you whole after suffering a serious injury, there are differences in each of these damages that may be important for you to know. Economic damages refer to costs like medical bills, loss of income, loss of future earnings, and other things that are easily quantifiable. These are the expenses that come with a price tag. Non-economic damages, however, are less quantifiable and will cover things like pain and suffering. Your attorney will be able to help you determine an amount of money that is appropriate to compensate you for pain and suffering based on the severity of your injuries and the impact that they will have on your life.
If you are pursuing a workers’ compensation claim, damages are generally limited to paying for medical expenses and providing a wage replacement when the employee cannot work due to the nature of their injuries.
CALL THE IMPROPER ASSEMBLY ACCIDENT LAWYERS AT ZINDA LAW GROUP
The attorneys at Zinda Law Group believe that quality legal representation should never be out of reach for anyone. We work on a contingency fee basis, which means that unless we can secure you compensation for your injuries, you don’t owe us anything. Call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation today in order to discuss your claim with our personal injury attorneys to determine if we may be able to help you going forward.
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