Scaffolding and Ladder Falls
Construction accidents are a common occurrence. The industry is one of the most dangerous in the US with workers facing serious injuries from any number of causes, especially on large projects with large numbers of workers from various trades and different contractors on the construction site at the same time.
Injuries also occur on much smaller projects such as residential remodeling, painting or roofing jobs where workers routinely use and rely on scaffolding and ladders each day of their job.
Faulty or inadequately constructed scaffolds and ladders are the cause of many serious accidents. Because workers are several feet above the ground and the potential for serious injuries is great, it is essential that scaffolds and ladders be carefully erected, that workers below be aware of those working above them and that proper training and oversight be paramount.
If you have been injured in a fall from a defective scaffold or a ladder, you may have a claim for compensation along with any workers’ compensation benefits. Call the Los Angeles personal injury attorneys from The Law Offices of Alex G. Tovarian to determine your legal rights.
Common Types of Scaffolding and Ladder Fall Injuries
As you can imagine, falling from a ladder or scaffold even from a relatively short height can produce catastrophic injuries that can instantly alter your life. Some of these injuries include:
- Spinal cord injuries
- Broken necks
- Damage to internal organs
- Traumatic brain injuries
- Broken limbs
- Severe back and neck injuries
Any of these injuries can cause your life and that of your family to be changed dramatically. Although workers’ compensation can pay for your medical bills and most of your lost wages, and pay some compensation if you are permanently injured, you may not be able to return to work or may have to retrain for a different career if possible.
You need to explore the possibility of a separate civil action where you could recover compensation for your pain and suffering, which are damages not available in a workers’ compensation claim. The personal injury lawyers at The Law Offices of Alex G. Tovarian can do a case evaluation for you.
If you were injured in the course and scope of your employment, such as by being on a scaffold or climbing or just standing on a ladder while engaged in the performance of your job duties, you have a right to workers’ compensation benefits from your employer’s insurer without having to prove fault. This would include not having to prove that a fellow employee negligently constructed or set up the scaffold or neglected to hold a ladder for you.
There are, however, other circumstances where someone from another trade or contractor was negligent when they erected the scaffold, or where the scaffold or ladder was defectively made or where negligent oversight or supervision by an independent party led to the injury accident.
These types of cases require extensive discovery and investigation to determine the responsible parties and to prove that their conduct was negligent in either designing or manufacturing the scaffold or ladder, or that their lack of supervision contributed to the accident. Often, principles of product liability that include strict liability, negligence and breach of warranty come into play. Also, state and OSHA regulations need to reviewed to see if a violation occurred and if it contributed to the accident.
Retain The Law Offices of Alex G. Tovarian
Our attorneys are sensitive to the concerns of injured workers and work diligently to find all avenues of compensation. Call the accident lawyers at The Law Offices of Alex G. Tovarian today for a free, confidential consultation. We are available to work on claims throughout California.