Have you been injured in a scaffolding accident? Are you facing thousands of dollars in medical bills and lost wages because of your injury? If so, you may be wondering who is responsible for your damages and what you need to do after being injured in a scaffolding accident.
Our Indiana scaffolding accidents attorneys can answer these questions and more questions about a claim for a scaffolding accident. Call our office at 1-800-CALL-KEN or 1-800-225-5536 to schedule a free appointment with an experienced attorney to discuss your options to recover compensation for your injuries.
Scaffold Safety Measures
Scaffolding accidents are more common than you may believe. Employers who require their workers to use scaffold must take steps to safely construct and maintain the scaffolding. The employer should also provide guidelines for the safe use of scaffolding. For example, the Occupational Safety and Health Administration (OSHA) provides a detailed list of regulations, requirements, and safety standards for the use of scaffolding.
For example, a scaffold should be able to support a minimum of four times the weight you anticipate it to support. The planking should overlap by a minimum of 12 inches, and all planks should extend between six and 18 inches over the end supports. Overhead protection must be provided when overhead work is being conducted, and scaffolding should never be supported by loose objects.
Workplace Accidents on Scaffolding
When you are injured in a scaffolding accident while on the job, your recourse is through an Indiana workers’ compensation claim. Workers’ compensation laws protect employers from being sued by an injured employee. In consideration of this protection, workers’ compensation laws provide a way for injured workers to receive medical care and other benefits without proving the employer was negligent or at-fault for the accident. In addition, the employee can be partially at fault for the accident and still receive workers’ compensation benefits.
However, there could be instances where the employee may have an additional claim for a scaffold accident.
Third Party Accident Claims
If your scaffolding accident is the result of the negligence of a third party, you may have the right to file a third-party claim. For example, if the scaffold you are using is defective, you may have a claim against the manufacturer under a product liability case.
Another example would be if you are the employee of a sub-contractor who is required to work on scaffolding set up by the property owner. If the property owner failed to follow standard safety procedures that caused you to be injured, you might have a claim against the property owner. In addition to compensation for your medical bills and all lost wages, you can receive compensation for physical pain and emotional suffering in a third-party claim.
Because you may be eligible to receive more compensation in a third-party claim, it is a good idea to consult with an experienced Indiana scaffolding accidents attorney to discuss your situation. An attorney can investigate the details of your accident to determine who is liable and determine what legal options are available for recovering compensation for your injuries.
Call an Experienced Indiana Scaffolding Accidents Attorney
If you are injured in a scaffolding accident, we urge you to contact our office to schedule a free case evaluation with one of our attorneys. Because a scaffolding accident claim may be more complex than you understand, it is best to get sound legal advice before deciding how to proceed.