The construction industry wouldn’t be where it is if it weren’t for scaffolding. Without these temporary structures, we wouldn’t have the buildings we enjoy today. But with these valuable tools comes plenty of danger. Many Clovis workers’ compensation claims are the result of scaffolding accidents, which can potentially lead to debilitating and even permanent injuries that prevent victims from ever working in the same field again.
If you have recently been hurt in a scaffolding accident at work, contact the Clovis workers’ compensation attorneys from Maison Law today. We can help ensure you get the compensation you deserve, whether it’s through California’s workers’ compensation system or other legal action. Let’s get started with a free consultation and no-obligation case evaluation.
Injury Risks from Scaffolding Hazards
The primary purpose of scaffolding is to hold workers, their tools, and materials in locations and at heights not otherwise accessible. Because of this, there’s an increased risk for injury not typically present in other parts of a worksite. Below is a list of some of the more common hazards that scaffolding workers have to deal with:
- Falls: According to the U.S. Occupational Safety and Health Administration (OSHA), falls from elevation (which can happen with scaffolding) account for roughly one-third of all construction deaths.
- Falling objects: Scaffolds are used to hold tools and materials at great heights, where a falling object can easily lead to death. Securing objects is a necessary protocol for scaffold use, but it’s not always followed.
- Improper scaffold construction: When a scaffold isn’t erected in accordance with local codes, manufacturer instructions, and federal regulations, it drastically increases the risk of a worker falling or the scaffolding platform collapsing.
- Electrocution: Scaffolding frames are usually made of metal, which can lead to electrocution injuries if safety protocols aren’t adhered to.
Common Causes of Scaffolding Accidents
The majority of scaffolding accidents can trace their cause to human error. Even when there’s a mechanical failure, there’s often a mistake made by a person that contributed to that failure. The following are some of the more common causes of scaffolding injuries:
- Mixing different scaffold components in the same scaffold.
- Insufficient guard rails or missing guardrails.
- Missing scaffolding components, such as toeboards.
- Lack of proper training for proper scaffolding construction and use.
- Inadequate scaffold design.
- Poor scaffold maintenance.
- Weak or defective planking.
- Failure of a scaffold support.
Filing a Workers’ Compensation Claim for a Scaffolding Injury in Clovis
If you receive a scaffold injury on the job, your first source of compensation will probably be workers’ compensation. To receive benefits, you’ll need to go through several steps.
Step 1: Get Medical Treatment
If your injuries aren’t immediately life-threatening, you may be able to go to an urgent care clinic or make an appointment with your primary care physician. For more serious injuries, you may have to call 9-1-1. Wherever you get your medical care, be sure to get copies of your medical records and invoices as they’ll come in handy later.
Step 2: Tell Your Employer About the Injury
Under California law, you must report your injury to your employer within 30 days of the date of injury. Failing to meet this deadline could prevent you from obtaining any workers’ compensation benefits.
Step 3: Complete and Submit Workers’ Compensation Paperwork
Once informed about the accident, your employer should give you a Workers’ Compensation Form (DWC 1). You’ll need to fill out the “Employee” section before returning it to your employer, who then fills out the “Employer” section. Your employer will then submit the completed form to the claims administrator (and send you a copy of the completed form).
Step 4: The Insurance Investigation
After getting your DWC 1, the claims administrator has 14 days to let you know if it’s been accepted or if further investigation is required. If there’s an investigation, you should expect the claims administrator to interview witnesses, request copies of medical records, and ask that you meet with a Qualified Medical Examiner (QME).
If your workers’ compensation claims get to the investigation stage, you should strongly consider consulting with a workers’ compensation attorney. They can offer guidance about the process and how to improve your chances of obtaining sufficient benefits.
Step 5: Continue Treatment
It’s important to follow your doctor’s orders and instructions regarding treatment. You don’t want to ignore key advice or delay a critical treatment, as that could limit your physical and financial recovery.
If your treatments are going well, see if returning to work is possible. Even if you’re not 100%, your employer may be able to offer you modified job duties.
Typical Workers’ Compensation Benefits
Workers’ compensation benefits depend on a host of variables, including severity of the scaffolding injury and the worker’s job duties. That said, the possible benefits available to eligible employees are:
- Medical treatments
- Temporary disability
- Permanent disability
- Travel expense reimbursement
- Supplemental job displacement voucher
- Death benefits
Filing a Civil Suit for Scaffolding Injuries
For most on-the-job injuries, including scaffolding injuries in Clovis, workers’ compensation benefits will be the exclusive remedy for the injured worker. However, in limited situations, the injured worker may be able to sue those responsible for their injuries in a personal injury lawsuit. One of the most common scenarios where this occurs is when a third party caused the scaffolding injuries.
Potential Damages From a Personal Injury Lawsuit
There are three main categories of damages possible in a third-party lawsuit: non-economic damages, economic damages, and punitive damages.
Non-Economic Damages
The goal of non-economic damages is to compensate the employee for non-economic harm that’s difficult to quantify. These often include forms of psychological pain, such as:
- Loss of consortium
- Emotional distress
- Pain and suffering
Economic Damages
Economic damages attempt to make the employee whole again for the financial harm they endured because of their injuries. This means reimbursement for things like:
- Lost wages
- Medical bills
Punitive Damages
If a defendant acts in an especially reprehensible way, courts may award the plaintiff punitive damages. These are designed to punish the defendant, not compensate the plaintiff. Plaintiffs don’t normally receive punitive damages unless the defendant acted recklessly, intentionally, or was grossly negligent.
Potential Defendants in a Scaffolding Personal Injury Lawsuit
If you decide to file a personal injury lawsuit, there will likely be multiple liable parties, depending on the facts of your case. Most scaffolding lawsuits have one or more of the following parties as defendants:
- Scaffolding manufacturers
- Scaffolding suppliers and distributors
- General contractors
- Subcontractors
- Property owners (although the Privette Doctrine may apply)
- Equipment rental companies
- Equipment inspection companies
- Government entities
Sometimes, the hardest part of a personal injury scaffolding lawsuit is figuring out who to sue and what their level of legal liability is. In other words, it’s clear someone messed up, but every defendant is pointing their finger at the other defendants.
In rare cases, you may also be able to sue your employer. But because workers’ compensation benefits are usually the sole remedy, this is only possible if an exception applies. Some of these exceptions include your employer not having a workers’ compensation policy in place at the time of the accident or your employer acting intentionally to cause your injury.
Talk to a Clovis Scaffolding Workers’ Compensation Attorney at Maison Law
Scaffolding injuries at construction sites are an everyday risk that many Clovis employees face each day. Safety precautions should minimize these risks, but accidents can still happen. If they do, it’s often the result of someone’s mistake. Depending on who makes the mistake and what the mistake is, you may have legal claims that go beyond workers’ compensation rights.
Whether your workers’ compensation claim is your only source of compensation, or you have a third-party personal injury legal claim, the workers’ compensation attorneys of Maison Law can help. Whatever your options are, there are time limits in place on when to act. Don’t wait until it’s too late and contact Maison Law today for a free case evaluation and consultation.
