Los Angeles
Scaffolding Accident Lawyer

A scaffolding accident involves falls, structural collapses, or falling objects, leading to injuries or fatalities for workers or bystanders. If you have fallen victim to this type of construction accident, you have important legal rights to take note of, including filing a lawsuit or workers’ compensation claim. Scaffolding accident lawyers help you through the legal process, striving to get you the most possible compensation and justice. Below, Law Offices of Samer Habbas & Associates, PC explains important information about scaffolding accidents, including their types and causes, the legal options available to you, the possible types of financial compensation, and the role of scaffolding accident lawyers.

Scaffolding Explained

Scaffolding is a temporary structure used in construction to provide a safe working platform for workers. Made from metal tubes, wooden planks, and other materials, it supports people and materials during building, repair, or maintenance tasks. Scaffolding allows workers to reach high areas of buildings, bridges, and other structures. It’s essential for ensuring safety and accessibility on job sites. Workers assemble and dismantle scaffolding as needed, adapting it to different heights and configurations. Proper use of scaffolding prevents falls and injuries, making it a crucial part of construction and renovation projects. Safety regulations guide its use and construction.

In California, OSHA regulations require employers to provide a safe working environment, including proper scaffolding construction and maintenance.

Types of Scaffolding Accidents

You might experience a fall while working on scaffolding. This happens if you slip, trip, or lose balance and fall, often resulting in serious injuries due to the height.

• Scaffolding collapse is another risk. This occurs when the scaffolding structure fails, causing you to fall along with the scaffolding materials. This can happen if the assembly is done improperly or if faulty components are used.
• You could also be involved in struck-by accidents, where objects, tools, or materials fall from the scaffolding and hit you. This can occur if materials are not properly secured.
• Electrocution is a danger if the scaffolding is too close to power lines. Contact with live wires can lead to severe electrical injuries.
• Lastly, scaffold tipping accidents happen when the scaffolding tips over due to uneven ground, improper weight distribution, or overloading. This can cause you to fall and get injured.

Causes Of Scaffolding Accidents

• Poor construction and assembly can lead to accidents. If the scaffolding isn’t built correctly or uses substandard materials, it can collapse or tip over, causing you to fall.
• Lack of proper training is another cause. If your employer didn’t provide adequate training, you might be at greater risk.
• Using faulty equipment also contributes to accidents. Worn-out or defective parts can make the scaffolding unstable and unsafe.
• Inadequate supervision can result in accidents. If supervisors don’t enforce safety protocols or inspect scaffolding regularly, the risk increases.
• Environmental factors like strong winds or unstable ground conditions can also cause accidents. These are beyond your control and can make scaffolding unstable.

Scaffolding Accident Hotspots in Los Angeles

Scaffolding accidents in Los Angeles can happen on construction sites throughout the city. High-rise buildings in downtown Los Angeles are particularly risky, as they require extensive scaffolding. These areas are busy with construction projects, increasing the chance of accidents.

Accidents are common in residential areas undergoing renovation or new construction. These projects often use scaffolding, posing a risk to you.

Industrial sites in Los Angeles, where maintenance and new construction are frequent, also see a higher incidence of scaffolding accidents. These areas typically involve complex scaffolding setups, increasing the risk if not properly managed.

Determining Liability in a Scaffolding Injury Case

In a scaffolding injury case, you could hold the employer, property owner, the general contractor, subcontractors, and the scaffolding manufacturer responsible. Each has specific duties, and failing these can result in liability.

The property owner might be liable if they didn’t maintain the premises safely or warn you of potential hazards. General contractors and subcontractors must ensure scaffolding is erected and used correctly, train workers on safety procedures, and inspect the scaffolding regularly. If they neglect these duties, they can be held accountable for accidents.

Manufacturers of scaffolding equipment must ensure their products are free from defects. If a scaffold collapses due to a design or manufacturing flaw, the manufacturer could be liable for your injuries.

Filing a Workers’ Compensation Claim or Lawsuit

If you’ve been in a scaffolding accident, you might think about filing an insurance claim or a lawsuit. Start by filing a workers’ compensation claim if the accident happened at work. This will cover your medical bills and lost wages without needing to prove fault.

If someone else’s negligence caused your accident, you might file a third party personal injury claim. This means seeking compensation from someone other than your employer, like the property owner, general contractor, subcontractors, or the scaffolding manufacturer. To prove negligence, you must show that the other party failed to meet their responsibilities and that this failure led to your accident.

In California, you typically have one year from the accident date to file a workers’ compensation claim and two years to file a personal injury lawsuit.

Damages in Scaffolding Injury Cases

Scaffolding accidents can seriously affect your life. These accidents often cause severe injuries, such as broken bones, head trauma, and spinal cord damage. You might face long recovery periods, permanent disabilities, or even death. The physical pain and emotional trauma can be overwhelming, affecting your ability to work and perform daily activities. The financial burden from medical bills, rehab costs, and lost income can also cause significant stress for you and your family. For this reason, you can recover several types of damages. These include medical expenses, both past and future, related to your injury. You can also claim lost wages if the injury prevents you from working, as well as compensation for loss of future earning capacity. Pain and suffering damages, which are available in personal injury lawsuits, address the physical and emotional distress caused by the accident.

If a scaffolding accident victim dies on the job in California, the family can claim workers’ compensation death benefits. However, if the victim’s death was caused by a third party, then the victim’s family could bring a traditional wrongful death lawsuit for damages. In California wrongful death claims, the family can seek specific compensation for various losses. This includes funeral and burial expenses, as well as any medical bills related to the deceased’s final injury or illness. The family may also recover the loss of financial support that the deceased would have provided, which can be crucial for their ongoing well-being. Additionally, they can claim compensation for the loss of companionship, care, and protection that the deceased offered.

What You Should Do After the Scaffolding Accident

After a scaffolding accident, seek medical attention right away. Prompt care is crucial for diagnosing and treating injuries, which may not be immediately apparent. Report the accident to your employer or site supervisor to create an official record of the incident. Gather evidence at the scene, like photos of the accident site and contact information of any witnesses. This information can be vital for any future legal action. Keep detailed records of your medical treatment, expenses, and any time missed from work.

Contact Los Angeles Scaffolding Accident Attorney Samer Habbas

If you or a loved one has been involved in a scaffolding accident, it’s crucial to understand your legal rights and options. Contact Law Offices of Samer Habbas & Associates, PC by calling 949-727-9300 or contacting us online for a consultation with a skilled scaffolding accident attorney. Our lawyers will guide you through the legal process, aiming to secure the maximum possible compensation for your injuries and suffering. In a consultation, you will learn about your rights, potential compensation, and next steps.

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