Maison Law represents injured scaffolding workers in Clovis. 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 a Lawyer Can Help with a Scaffolding Workers’ Compensation Claim
Workers’ compensation claims in California can be complicated, especially when it comes to scaffolding injuries. This is due to the potentially liable third parties. At a construction site where scaffolding is typically used, there will be contractors, site managers, and property owners. Depending on the details of your accident, every party could be held responsible for your injury. However, regardless of who is at fault, it is important to remember that you are always entitled to workers’ compensation if you’re injured at work.
If another party is at fault, then a Workers’ Compensation Lawyer at Maison Law will 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
Get a Free Consultation
Maison Law offers a free consultation to all injured victims in California. Our Workers’ Compensation Lawyers are here to discuss the details of your incident at no cost to you. Our firm will evaluate if you have an injury claim and the next steps you should take, free of charge. Everything you discuss with us is protected under attorney-client privilege, even if you decide not to take legal action. For more information, contact Maison Law today for a no-cost, no-obligation consultation.
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.
Filing a Lawsuit Against Workers’ Compensation
Any injured worker has the right to compensation and can file a lawsuit against workers’ compensation. If an injured person feels as though they have been treated unfairly at any time during the workers’ compensation process, they can file a lawsuit to get the workers’ compensation benefits they need. Other reasons for filing a lawsuit against workers’ compensation include:
- Your claim is denied: if your workers’ compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
- Your claim is neglected: in some cases, injured workers can be left waiting for weeks or months for the workers’ compensation claim to be processed and to begin receiving benefits. This is unacceptable, and a workers’ compensation attorney can help.
- Your benefits are inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other expenses, an attorney can help you seek the full benefits you deserve.
- Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.
It is important to note that filing a lawsuit against workers’ compensation does not affect or change the status of your employment with your employer. In fact, employees are protected from retaliation by their employers. If an employer terminates an employee within 90 days of the employee filing a workers’ compensation claim, the employee is protected under the California Law of presumption of retaliation.
Suing an Employer for a Scaffolding Injury
It is possible to sue your employer after a work-related scaffolding injury. To sue your employer, you must be able to prove that their actions caused you to fall and suffer injuries. This could mean your employer created an unsafe work environment or knowingly failed to warn you about a hazardous condition. Under OSHA law, an employer must provide its employees with a safe working environment, meaning they are tasked with adhering to all the regulations that govern the work.
Another way you can file a lawsuit against your employer is if they failed to provide you with workers’ compensation after your injury. Failing to have workers’ compensation coverage is a misdemeanor criminal offense punishable by either a fine of up to $10,000 or imprisonment for up to one year. If you suffer a fall injury in Salinas and your employer is not insured, then your employer is responsible for paying all of the bills related to your injury.
Common Clovis Scaffolding Hazards
Scaffolding is prominent in the Clovis construction industry, serving as a platform for working in elevated spaces. Scaffolding, however, carries a number of risks, such as the potential for falling, being hit by falling objects, or collapsing. The following hazards are the most typical scaffolding risks construction workers must face:
- Construction deficiencies: scaffolding is not always erected according to code, or the structure will have faulty or loose parts, making it an unsafe place to work.
- Electrocution: construction sites always need power sources and power tools. Unfortunately, scaffolding is mostly made of metal, which can cause workers on the metal platforms to get electrocuted when safety protocols are not followed.
- Falls: According to OSHA, falls account for 10% of all scaffolding accidents and more than 50% of deaths in the construction industry.
- Falling objects: Even small objects falling from great heights on scaffolding structures can cause serious injury or death. For that reason, keeping objects secure is an essential safety protocol when working on scaffolding.
Typical Compensation for a Scaffolding Injury Workers’ Compensation Claim
While workers’ compensation claims will vary on a case-by-case basis, certain factors will largely determine the amount of compensation you can receive. These items can be calculated based on your economic damages and non-economic damages, which include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity, you’ve suffered from your work-related accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
The more severe your damages are, the more compensation you will typically receive. However, for a more specific amount, one of the Workers’ Compensation Attorneys at Maison Law can help you understand the value of your case.
Contact Maison Law | Clovis Scaffolding Workers’ Compensation Lawyers
At Maison Law, we recognize the risks of scaffolding injuries construction workers face every day, especially when proper safety precautions are not followed. If you’ve suffered a scaffolding injury and workers’ compensation has been inadequate at covering your medical bills or providing you with adequate compensation, the attorneys at Maison Law can help. If you believe a third party is at fault for your injuries, we will file a lawsuit to get you the compensation you need to get your life back.
Don’t wait until it’s too late to protect your right to workers’ compensation. Contact Maison Law today for a free consultation and case evaluation.
