Construction is booming. As a construction worker, that's great news for you. But that can also mean you face tighter deadlines, which can mean safety takes a back seat. Scaffolding injuries are common at construction sites, but that doesn't mean you are to blame. If you suffer injuries in a scaffolding accident, a Bronx scaffolding accidents lawyer at Diamond Injury Law can help you recover the compensation you deserve.
How Common Are Ladder and Scaffolding Accidents?
The Occupational Safety & Health Administration (OSHA) that more than 4500 injuries and 60 scaffold and ladder-related deaths occur each year. You don't deserve to be one of these statistics. If you or a loved one has been hurt in a scaffolding accident, you need an advocate on your side you can trust. Ivan M. Diamond has devoted his legal practice to helping injured workers just like you recover fair compensation for their injuries and other damages.
Types of Accidents
Construction sites are ripe for scaffold accidents. There are many sharp objects, large equipment, and often tall structures. These accidents can include:
- Falling objects
- Improper signaling
- Poor maintenance
- Improper heavy machinery use
- Improperly assembled scaffolding
- Negligent oversight
Many times, these injuries are easily preventable, and that can make the senselessness of your injury seem even worse. When you know someone else is to blame for your pain and suffering and that it could have all been prevented, you are rightfully and understandably frustrated or angry. But it's important that you focus on your recovery and let a trusted Bronx construction accident attorney worry about the legal process.
Common Causes of Scaffolding Accidents
There are countless reasons why scaffolding and ladder accidents occur, but some are more common than others. These include:
- Defects in the scaffold or ladder
- Exceeding the weight limit
- Faulty design
- Lack of adequate safety equipment
- Failure to secure the scaffold or ladder
- Lack of qualified supervision
Construction accidents are more common than we would like, but they are preventable. Every cause listed above is preventable with some common-sense foresight, and every cause has a person or company who acted negligently and caused your injury.
As a construction worker, you have a right to a safe and secure construction site. If you or a loved one has been injured on a job site, however, someone did not provide you with a safe site in which to work. As a result, your life has now changed for the worse, and you deserve to receive compensation for your injuries.
As a scaffold and ladder accident injury lawyer, I make it my mission to help you get better. I work with you to determine who is at fault for your injuries and help you hold them accountable. You deserve an experienced and vigorous advocate by your side.
Types of Scaffolding Injuries
Injuries vary as much as construction sites do. Your injuries may be severe or mild. Injuries can include:
- Broken bones
- Concussion
- Burns
- Lacerations
- Eye injuries
- Traumatic brain injuries
- Spinal cord injuries
- Amputations
- Paralysis
- Death
No matter what type of injury you've suffered or how severe it is, you deserve to have an advocate on your side fighting to protect your rights. I am the trusted and skilled scaffolding and ladder accident lawyer clients trust to help them get results, and I can do the same for you. Whether we can settle for a fair amount quickly, or you need support all the way through a trial, I am here to guide you every step of the way.
Compensation Available to Scaffolding Accident Victims in New York City
If you’ve been injured in a scaffolding accident, your physical and financial well-being could be at serious risk. Medical bills, physical therapy, and medications can add up quickly, and you may be unable to work until your injuries heal.
Fortunately, there are ways to secure the compensation you need. Speaking with a lawyer experienced in scaffolding accident cases can help you understand your legal rights and the steps you should take to protect your claim to seek compensation. Two primary sources of compensation for scaffolding accident injuries include:
Workers’ Compensation Claim
Most New York employers are required to carry workers’ compensation insurance. If you are injured in a scaffolding accident at work, you can file a claim to cover your medical expenses and lost wages.
One of the main advantages of workers’ compensation is that you can begin receiving medical treatment without delay, as benefits are provided regardless of fault. However, workers’ comp has limitations. You typically receive only up to two-thirds of your average weekly wage, and compensation for non-economic damages, such as pain and suffering, is not available.
Third-Party Lawsuit
In addition to workers’ compensation, you may have the option to file a third-party or personal injury lawsuit against anyone other than your employer. This type of personal injury claim is based on a breach of duty owed to you by another party, such as a contractor, equipment manufacturer, or property owner.
Examples of third-party lawsuits related to scaffolding accidents include:
These lawsuits can provide compensation for a broader range of damages, including full lost wages and non-economic losses like pain and suffering. A third-party lawsuit is not limited to workplace injuries, allowing you to pursue compensation even if the accident occurred off-site.
Grounds for a Third-Party Lawsuit
Third-party lawsuits are generally based on negligence, which occurs when someone breaches a duty of care owed to you. For example:
In some cases, strict liability applies, particularly in product defect claims. If a defective scaffolding component caused your injury, you need only prove the existence of the defect, not that the manufacturer was aware of it.
To protect your rights and maximize your compensation, it’s important to consult a scaffolding accident lawyer as soon as possible. Legal deadlines can be short, especially if a government entity is involved, so quick action is crucial.
Damages Available in Personal Injury Claims
Your first thought after your scaffolding and ladder accident isn't about how you will pay your bills or how you will get compensated for your injuries. Your first thought is usually about how you will get better, and how your life may change after. I can fight to help you recover damages for your preventable injury, such as:
- Pain and suffering
- Emotional distress
- Lost wages
- Loss of companionship
- Past, present, and future medical bills
- Living expenses
- Rehabilitation costs
- Prescription medicine costs
Much of your healing will cost money. Many people do not account for their future medical costs, and these can add up quickly, especially if your injury is severe. After your accident, an insurance representative will probably contact you. They are looking to settle your case quickly and as cheaply as possible. Don’t agree to any offer until you’ve sought counsel beforehand.
Their job is to settle your case for as little as possible. When you settle, you may also waive your right to collect further damages from the people or company that caused your injury. The insurance company is hoping you accept an offer of quick cash. After all, you need the money. You’re out of work, going to doctor visits, and still have bills to pay. But you may not account for all of your future medical costs. That’s where I can help.
I’ve been down this road before. I’ve helped many clients just like you, and I encourage you to hear what they have to say about my services. I know the tactics the insurance company will use, and I know how to help you calculate an accurate estimate of what your future medical costs will be. You did not cause your injury and you should not have to pay anything out of pocket for your injury. Make sure you get everything you’re entitled to by speaking with someone you can trust.
Contact the Bronx Scaffolding Accident Lawyers at Diamond Injury Law
The first thing you should do after your accident is seek medical help. You need to make sure you don’t have any life-threatening injuries, and need existing injuries treated as quickly as possible to prevent any further complications.
If you can and are able, also take pictures of the scene of the accident. Pictures will help me give you a full and complete evaluation of your case. It will also help in negotiating with the insurance company. Good pictures of the accident scene will show us what went wrong and who is to blame.
Finally, call me at (718) 588-2000. Figuring out your benefits and dealing with insurance companies all while trying to heal is not something you need added to your plate right now. I have devoted my practice to helping victims like you. Let me show you how I can help you, too. Contact our Diamond Injury Law Bronx Personal Injury Attorney online today to make sure your rights are protected, and you recover the compensation you deserve to get back to the life you love.
