Maison Law represents injured scaffolding workers in Bakersfield. Falls from scaffolding can cause debilitating injuries and prevent injured victims from returning to work for a long time or permanently. The Workers’ Compensation Attorneys at Maison Law specialize in workers’ compensation and personal injury law. If you or a loved one has suffered a scaffolding injury, contact Maison Law today for a free consultation and to protect your right to compensation.
How Can a Bakersfield Scaffolding Workers’ Compensation Lawyer Help?
Workers’ compensation claims in California can be complicated, especially when it comes to scaffolding injuries. For example, at a construction site where scaffolding is typically used, there may be several parties working on that job site such as contractors, site managers, and property owners. Depending on the details of your accident, each party could be responsible for your injury. A Workers’ Compensation Lawyer can file a personal injury claim against the liable parties on your behalf. This would allow you to recover damages in addition to your workers’ compensation benefits. These damages include:
- Present and future medical costs
- Lost wages (if you have to miss work to recover)
- Retraining or re-education for job placement if you have suffered a disability from the accident
- Pain and suffering
- Loss of enjoyment of life
- Wrongful death
Privette Doctrine Protection for At-Risk Job Sites with Scaffolding
The Privette Doctrine creates protection for property owners when a contracted worker is injured on their property. To invoke Privette Drive protection, a property owner must establish the following:
- The injured or deceased person was an independent contractor
- The property owner hired the plaintiff or the plaintiff’s employer directly or indirectly
An example of this scenario would be from Miller v. Roseville Lodge 1293. Roseville Lodge hired a contractor to move an ATM on its premises. The contractor appointed the plaintiff, Ricky Lee Miller Jr., to perform the work. Miller fell when he was on a scaffold and suffered injuries. The plaintiff attempted to sue the Roseville Lodge for damages but was unsuccessful because the work was appointed to the contracted company. Therefore, under the Privette Doctrine, the contracted company was responsible for Miller’s safety, not the property owner.
So, in this case, Miller would only be able to recover damages through worker’s compensation provided by his employer. It is important to note that even if you are unable to collect damages through a personal injury lawsuit, all injured workers are entitled to workers’ compensation benefits regardless of fault according to the California Department of Insurance.
Exceptions to the Privette Doctrine
Even though the Privette Doctrine acts as a shield for property owners, it does not make them immune from liability when a contracted employee or independent contractor suffers injuries on their property. One exception of the Privette Doctrine is if the property owner is directly careless and their careless actions, or failure to act, directly result in harm to another person. For example, if the plaintiff is able to cite a statute such as Cal-OSHA, which the hirer violated, then the property owner could be held liable under California Evidence Code 669 (a)(1).
Another exception to the Privette Doctrine is if a plaintiff can prove the landowner knew a dangerous condition existed on their property and the worker could not reasonably discover the dangerous condition. Also, the landowner would have to fail to warn the contractor of the dangerous condition.
A third exception to the Privette Drive exists if the property owner retains control over any part of the independent contractor’s work and carelessly performs an action, which leads to the worker’s injuries. For example, if the property owner gives the worker damaged scaffolding material to use. Let’s say this damaged material causes a worker to fall over 20 feet to the ground and they break their hip and suffer a traumatic brain injury (TBI). In this case, the property owner would not be protected by the Privette Doctrine and could be held liable for damages.
California OSHA Regulations on Scaffolds
Cal/OSHA is California’s Division of Occupational Safety and Health. Cal/OSHA goes by the same requirements and standards for scaffolds as California Law, which is covered in California Code of Regulations Title 8 Section 1637. This law states:
“Scaffolds shall be provided for all work that cannot be done safely by employees standing on permanent or solid construction at least 20 inches wide, except where such work can be safely done from ladders.”
The law goes on to state the maximum load weight and the requirement that a qualified person must be responsible for supervising the erection and dismantling of the scaffolding to avoid accidents and potential scaffold injuries. When workers are exposed to overhead hazards while on a scaffold, employers are required to provide provision of overhead structures in compliance with California’s Construction Safety Orders. The types of scaffolds recognized under these orders include:
- Window jack scaffolds
- Metal scaffolds
- Ladder scaffolds
- Horse scaffolds
- Outrigger and bracket scaffolds
- Tower and rolling scaffolds
How to File a Bakersfield Scaffolding Workers’ Compensation Claim
You must complete the following steps to receive and submit a workers’ compensation form:
- Tell your manager, supervisor, or someone in the administration department at your job about your work-related injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation.
- Request a Workers’ Compensation Claim Form (DWC 1) from your employer. They’re required to give you one or send it via mail within one working day after your injury is reported.
- Fill out the form listed above to request benefits from the workers’ compensation program at your workplace. Describe your illness or injury in great detail and fill out only the employee section of the form.
- Give the form back to your employer as soon as possible. Any delay in filing your workers’ compensation claim may have a negative impact on your claim.
These steps will start your workers’ compensation claim and help you get the medical treatment you need. If you have any questions or need legal assistance, do not hesitate to reach out to a Bakersfield Workers’ Compensation Lawyer to help you manage your claim and maximize your benefits.
Contact a Bakersfield Scaffolding Workers’ Compensation Lawyer
Navigating the workers’ compensation process can be complex and confusing, so if you’ve suffered a scaffolding injury at work, do not hesitate to speak to one of our workers’ compensation attorneys at Maison Law. Our skilled attorneys have years of experience in managing workers’ compensation cases and helping injured workers get the compensation they need. Schedule your free consultation and case evaluation today by contacting Maison Law. There are no upfront charges for our services and you will not be charged a cent unless we win your case.
