NORTH BAY SCAFOLDING ATTORNEY
If you or someone that you love has been injured in a scaffolding accident in the North Bay including Santa Rosa, Marin County, Napa, Solano, Lake or Mendocino Counties, please do not hesitate to contact the Law Offices of Michael A. Fiumara for help. Our team of experienced and highly skilled attorneys can guide you through the claims process while helping you to fully understand your best legal options at every step of the way. We have the skills, experience and knowledge to not only help you achieve the maximum recovery that you are entitled to but we will also expedite your case so that you can start rebuilding your life sooner rather than later.
To discuss the specifics of your case with one of our compassionate and dedicated legal team of attorneys please do not hesitate to call us at our 24/7 telephone number at (855) 247-3190 or (707) 571-8600 in Santa Rosa/Sonoma County or (760) 832-6118 at our centrally located Palm Springs office in Marin County. We always offer a free, comprehensive case evaluation at no obligation. We are here for you.
COMMON MISHAPS LEADING TO SCAFFOLDING ACCIDENTS
Scaffolding accidents can be caused by a lack of maintenance to the scaffold itself and some or all of its parts and components. If pieces of a scaffold are damaged or missing, the structure will not be as secure and the worker could be gravely injured as a result. Most injuries from scaffold accidents occur when a worker falls from a scaffold.
Scaffolding injuries are typically very serious injuries causing traumatic brain injury, spinal cord injury, damage to internal organs, and broken bones. If equipment or materials fall from a scaffold and strike an innocent bystander, that can also cause devastating injuries if not death. Regardless of the circumstances, you deserve to be fully compensated for your injury.
Although scaffolds are an integral part of construction, they may experience structural failure in a number of ways but most are attributed to human error and negligence. Some of the more common structural flaws caused by human error are as follows:
- The scaffolding has not been adequately tested.
- The scaffolding is not maintained in good condition and/or repairs.
- The scaffolding is assembled without proper handrails or guards.
- The scaffolding is not properly secured.
- The scaffolding is not assembled correctly or according to the design and plans.
In addition to the above, scaffolding accidents often occur due to slippery or loose scaffolding which could have been mitigated or prevented. All of the above common problems oftentimes lead to scaffolding deterioration, collapse, and failure causing catastrophic injuries and even death.
HORRIFIC SCAFFOLDING ACCIDENT STATISTICS
The Occupational Safety and Health Administration (OSHA) outlines and enforces the rules for the use of scaffolding which includes such directives as the type of material used in a scaffold, platform construction, and who is allowed to assemble and remove a scaffold. When these rules are not followed, accidents can and do happen. Failing to follow safety regulations can be the foundation of a personal injury lawsuit which we are fully equipped to handle for you and/or a family member.
Pursuant to U.S. Department of Labor statistics, scaffolding accidents severely injure more than 5,000 people a year and kill more than 60 every year. Most of these accidents involve violations of the OSHA safety standards. The standard violations also include the absence of secure guardrails or ladders, inadequately trained workers, and the usage of damaged or weakened scaffolding coupled together with excessive loads. Further, if employees are not properly warned about the dangers of aluminum scaffolding, electrocution, and burn injuries, and even death can result when the scaffolding comes in contact with power lines and other electrical wiring. In these types of cases, our law firm has had to file a wrongful death claim on behalf of the surviving spouse and family members.
POSSIBLE THIRD-PARTY LIABILITY
Because most scaffolding accident injuries occur during the scope of employment, workers’ compensation laws allow the injured employee to receive medical and disability benefits through the employer’s insurance compensation plan. However, this exclusive remedy under workers’ compensation also bars the injured party from suing their employer for non-economic damages including pain and suffering. Pain and suffering can only be obtained from an employer if there is a liable third-party other than the employer whose negligence or gross negligence in most cases was the major contributing factor of the construction accident injury. A scaffolding accident victim may be able to pursue a third- party liability lawsuit in addition to workers’ compensation benefits under a number of scenarios which you should explore with a qualified and skilled attorney from the Law Offices of Michael A. Fiumara. Some of the possible scenarios for a separate third-party liability lawsuit include some of the following:
- The scaffolding was defective along with other equipment.
- The property owner for which the scaffolding was erected is liable for some reason.
- The scaffolding subcontractor is liable for something they did or did not properly do under the OSHA Rules and Regulations.
These are only a few of the ways that our law firm’s personal injury lawyers can work up a third-party liability lawsuit. You can find out whether you have a viable third-party lawsuit by making an appointment to discuss the specifics of your case with one of our qualified and highly skilled construction accident lawyers.
WE FIGHT HARD FOR INJURED WORKERS
If you are a construction worker in the North Bay who has suffered from a scaffolding injury, then don’t hesitate to call us for a free and confidential case evaluation. You are entitled to full compensation for all of your medical and financial damages—and we will help you get what you deserve! Even if you are not a permanent resident or do not have your legal papers, we can still help you achieve maximum recovery for your losses.
Please do not hesitate to call our office at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County to schedule a free and confidential case evaluation.