Even though construction and worksites are safer than ever today, accidents are not uncommon. With modern safety devices and proper procedures put into place, serious workplace accidents are slim.
However, sometimes, things out of human control happen, and injuries could occur. Our scaffolding accident lawyers in Tucson at Zanes Law Injury Lawyers can help you file a claim and receive the necessary compensation following an accident.
Common Types of Scaffolding Accidents
When it comes to a scaffolding accident, many different types of accidents could occur. These include:
- Collapsing scaffolds: Simply by their nature, platforms are temporarily made structures that do have limits for weight and other things. It’s up to the contractor and company to take the necessary time to confirm the structure’s reliability and durability. If injuries occur due to collapsing scaffolds, your construction site operators could be held liable for your damages because of negligence on their part.
- Falling from scaffolds: On many scaffolds, guardrails are provided, leaving it easy to walk off or fall off at tall heights. Depending on the height, injuries like this can be extremely severe and can even result in death.
- Falling debris from scaffolds: There are proper tools that might need to be brought up when working for many working on scaffolds. You could take up tools, construction materials, or other supplies while working on a raised platform. But, with people and machinery, there is room for either of these to fall onto the ground below and injure others.
- Electrocution: Although rare, this type of accident could happen. While being up in the air, powerlines and wiring are also close by, meaning the risk is higher. Construction site operators must be sure to obtain a safe amount of space between potential dangers and their employees on a scaffold.
For a free legal consultation with a scaffolding accidents lawyer serving Tucson, call 866-499-8989
How Can a Tucson Lawyer for Scaffolding Accidents Help Your Case?
Due to all the possible outcomes that filing a scaffolding accident claim can bring, having a skilled scaffolding accident lawyer on your side could make or break your case. Cases like these can be complex, but your lawyer will likely follow the steps listed below.
Gather All the Necessary Information
First, your attorney will visit the scene of an accident and collect all the necessary information. They will need to know what has occurred and make educated observations. Here, they can also seek out witnesses who saw the accident occur and get testimony from there.
They will look at your medical records and all photographic evidence about the calamity. If you are suing a singular person, your lawyer will need to determine negligence.
Determining negligence is a crucial piece of the puzzle when deciding which type of claim you wish to pursue. Workers’ compensation would require you to prove that you could have been safe if something outside of your control didn’t happen.
Here are the parts that negligence can be tested on:
- A duty of care: Duty of care strictly states that a certain basic level of care is owed to you so that no injuries or accidents occur.
- Breach of this duty: A breach of duty has occurred if a duty of care is owed to you and then broken due to actions out of your control. Proving a breach is always relative to the case, so your scaffolding accident lawyer can determine what steps led to injury based on the situation.
- Were injuries sustained?: The answer to this question will always be yes. You suffered injuries due to a lack of care provided.
- Causation: This simply means that you must prove the injury wouldn’t have occurred if it had not been for someone else or someone’s failed actions.
File an Insurance Claim
Many of these construction site accidents will make it to court. They will likely settle with insurance companies, with workers’ compensation, or in the negotiation stages. Your lawyer will file a claim or lawsuit in hopes that you can settle quickly to receive the award compensation.
In many cases, you can recover three different forms of damage. These include:
- Lost wages
- Medical expenses or rehabilitation costs
- Job retraining experience, if applicable
However, each claim has its own specific needs, so the amount awarded to you depends on the situation. Nonetheless, our Tucson scaffolding accident attorneys work diligently on the specifics of your case.
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Filing for Workers’ Compensation After a Scaffolding Accident
Following your accident, you must report the injury to your employer as soon as possible. In many states, you must submit the injury report within 30 days of the accident. But as previously stated, the sooner, the better.
You must then fill out the injury report. This report is made available by the Occupational Safety and Health Administration (OSHA). Once this is submitted and approved, you will need to keep your copies to make filing a claim and workers’ compensation easier.
With your employer notified and proper forms filled out, you can claim workers’ compensation benefits. Your employer’s insurance company pays out workers’ compensation. This type of compensation is given out to employees who get injured at work due to negligence.
For cases where long-term rehabilitation is needed, or if you have sustained permanent disabilities due to a workplace accident, workers’ compensation will also cover this. Additionally, through workers’ compensation, family members will be compensated if death on the job occurs or serious injuries are sustained.
If this is the unfortunate case, funeral expenses and other expenses are also covered.
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Can You Get Workers’ Compensation for Scaffolding Accidents?
Yes, you can get workers’ compensation for a scaffolding accident. In Arizona, active laws make it mandatory for companies to obtain workers’ compensation insurance for all employees.
In a situation such as this one, your scaffolding accident lawyer in Tucson will ensure you get workers’ compensation benefits because no-fault needs to be proven. Due to the severity of accidents such as these, no-fault or negligence needs to be shown to reap these benefits.
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Seek the Help of Scaffolding Accident Lawyers in Tucson
In life, there are things out of our control that can result in serious injuries or long-term disability. If you, or a loved one, has suffered damages due to a scaffolding accident, you will benefit from consulting with our skilled team of scaffolding accident attorneys in Tucson.
Our team at Zanes Law will be your strongest support system in a scaffolding injury case. With our high client focus, we will do all we can to help you win your case. Contact us as soon as possible for a free case evaluation.
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