Scaffold Accident
The Hidden Dangers of Scaffolds
Most scaffold accidents are falls. Depending on the heights involved, scaffold falls can result in catastrophic injuries to the worker, and anyone in the vicinity below. Major head injuries can result in lingering cognitive problems, for instance, as well as headaches, depression, and reduced productivity. A scaffold fall can also result in paralysis, creating the need for lifelong care and levying a significant loss of income. Scaffold accidents can also lead to burns or electrical shocks if a worker makes contact with a dangerous surface, incurring major expenses in the process.
If you or someone you care about is injured or killed in a scaffold accident, it is normal to feel confused and angry. You may be wondering who to hold responsible, especially if the accident or death was caused by the poor maintenance or improper use of a scaffold. Many victims and survivors do not know that it is the responsibility of the company or individual who set up the scaffold to ensure that a scaffold is safe to use and that those entrusted with its operation know how to do so correctly. It is also the site owner's responsibility to periodically examine or inspect the scaffold, and ensure that it is safe to operate. If a company fails to follow proper scaffold safety procedures, he or she can be sued by an injured worker. If a scaffold accident results in the death of a worker, the survivors may be able to file a wrongful death claim against the negligent party.
Contractor Responsibilities
There is no way to prevent accidents from occurring completely, but there are basic steps contractors can take to reduce the likelihood of an injury. Companies should regularly perform the following maintenance activities to keep their scaffolds safe.
Make sure that scaffolds are free of debris, tools (such as nailguns), and liquids that can cause slips and falls.
Have a trained professional inspect the scaffold at least once a day.
After a storm, ensure that the scaffold platform is free of water, ice, snow and other precipitation.
Display scaffold operation instructions in a common area.
Ensure that all employees know how to correctly operate the scaffold.
Keep scaffolds away from vehicles that have the potential to run into them.
By following the precautions listed above, contractors can keep workers safe the vast majority of the time.
Filing a Wrongful Death Claim After a Fatal Accident
You can sue a negligent party for wrongful death if you can prove that their careless or reckless behavior directly resulted in the death of your loved one. In the majority of cases, parents, children, and spouses of victims, have the legal right to file a wrongful death claim. Filing a claim alone is immensely difficult and more than likely, your legal opponent will have a team of lawyers, experts, and other officials on their side, and if you lack in-depth knowledge of the law, you will probably lose your case. For this reason, you will need to hire a wrongful death attorney who knows how to handle fatal work accident cases involving scaffolds.
Here at The Husband & Wife Law Team, we understand that nothing can bring back your loved one. However, you may be entitled to financial compensation for your loss. Many wrongful death claimants seek compensation for medical bills, living expenses, loss of wages, funeral costs, and future wages that the deceased individual would have earned if they were still living. Compensation is not just limited to financial losses, but emotional as well, and you may also be able to receive funds for the pain, suffering, and trauma you and your family have been forced to endure.
Hire a Certified Wrongful Death Specialist
We are located in Phoenix, and unlike some attorneys, Mark Breyer is a certified wrongful death specialist. This means that Mark is in the top two percent of all Arizona attorneys, so you know that you will be working with one of the best. We understand the vastness and complexity of the state legal system, and we will do our very best to help you navigate it. If you need a professional lawyer, please contact The Husband & Wife Law Team today.