Scaffolding Accidents On The Job: Who Is At Fault?

by zchod on September 23, 2013

Whenever there is a scaffolding collapse on a work site there can be serious injuries and issues. A worker can be seriously hurt from a fall or from equipment falling upon them. Scaffolding failure is a frightful thing on a job site and for the victim it can lead to a lengthy headache of missed work and medical bills. It is important whenever a scaffolding incident occurs in the workplace that the proper actions are taken.

Who is liable in a scaffolding accident?

Depending on the nature of the scaffolding accident there are different parties who hold liability. It should be noted first off whether or not a scaffolding erection company was used to set up the structure. If this is the case then they will hold some of the liability seeing as they were in charge of properly constructing the scaffolding levels and making sure they were suitable for use. Most common issues are loose base screws that allow the scaffolding to lose it’s balance at the bottom. Proper scaffolding erection is regulated by OSHA. Liability may also fall on the actual contractor in charge of the work site. They are the overseer and make decisions on the procedures and working times and conditions. In a sense they are responsible for all contracted workers and employee’s safety.

What do I do in the event of an accident?

It is important to seek a scaffolding investigation as feasibly close to the accident time as possible. This is to more accurately determine the cause of the accident and who is at fault. Sometimes it can even be a failure in a cross beam or supporting joint that makes the actual manufacturer of the scaffolding hardware at fault for distributing faulty products. It can also be the case that the placement and conditions surrounding the scaffolding structure were instructed by the foreman of the site or even the contractor, which in turn makes them responsible. Many personal injury lawyers have experience, either first hand or with a close account, with investigating the scene of a scaffolding accident and assessing the damages, the injuries sustained, and what exactly occurred. It will then be more clear on how to file a claim and work with a lawyer to assure the most just process in handling a case.

Proving the accident and it’s liability?

Proving an accident can obviously be done through an examination of the accident site by someone familiar with scaffolding incidents. However when an investigation doesn’t provide substantial evidence this does not mean that there was not negligence on the job site. Eye witness accounts and circumstantial evidence are common ways that a personal injury lawyer can build a case around a company or contractor. It is important to have an account of the accident and whether it was a toppling situation or a buckling scenario.

Scaffolding accidents on the job are very serious issues that result in injuries and prolonged time out of work if a worker is hurt. Steps to assure a proper case and just compensation for such a wrongful scenario can be taken by being familiar with scaffolding accident components as well as being in close communication with a law firm that handles personal injury suits.

Writing on behalf of central Texas personal injury lawyers Colley & Colley L.L.P., with over 25+ years of experience, I can assure you that scaffolding accidents should not be ignored and an injury on the job site calls for investigation for compensation.

Aspiring law blogger on behalf of Colley & Colley L.L.P.

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