Scaffolding is a must for construction work, it gives us access to high and hard to reach areas. But when something goes wrong – like a scaffolding collapse or a fall from a scaffold platform – the consequences can be catastrophic. Injuries from these accidents can range from minor cuts to serious injuries like fractures, spinal damage or worse.
If you’ve been injured in a scaffolding accident, you may be entitled to compensation. From medical bills to lost wages the workers compensation claim process is designed to help injured construction workers recover and get back to work. Knowing your rights and what to do after a work accident is key to getting the most out of your claim and getting the support you need.
Causes of scaffold injuries
Scaffolding accidents can happen for many reasons, often due to failure to follow safety guidelines. Knowing the causes can help identify liability and strengthen a claim. Common causes are:
- Scaffolding collapse: Faulty construction, overloading of platforms or poor maintenance of scaffold structures can cause sudden collapse and put workers at risk.
- Falling objects and debris: Tools, building materials or other objects falling from scaffolding can cause serious injuries to workers or others below.
- Unsound work practices: Not following a safe work method statement or not providing a stable work platform can lead to falls or other injuries.
- Incorrect setup or use of scaffolding: Scaffolding must be erected and used in accordance with workplace health and safety laws. Issues like missing mid-rails or access ways can increase the risk of accidents.
- Environmental hazards: Power lines, strong winds or unstable ground can compromise the safety of scaffold platforms and those on or near them.
By knowing the exact cause of the accident injured workers can prove negligence and pursue a workers compensation claim or other legal avenues.
Injuries from scaffold accidents
Scaffold accidents can result in many types of injuries from minor to life changing. The severity often depends on the height of the fall, the condition of the scaffold structure or the impact of falling debris. Common injuries from these incidents are:
- Fractures and broken bones: Falls from a scaffold platform or contact with heavy objects can cause serious injuries like broken limbs or ribs.
- Spinal cord injuries: A fall from a great height or onto a hard surface like a concrete floor can cause permanent damage to the spine and potentially paralysis.
- Head and brain injuries: Even with hard hats workers are at risk of traumatic brain injuries if objects fall on them or they fall from a height.
- Soft tissue injuries: Sprains, strains and muscle tears can occur from sudden impact or awkward landings.
- Lacerations and bruising: Falling debris or contact with sharp edges on scaffolding can cause cuts and bruising which may seem minor but can lead to infections.
These construction injuries often require extensive medical treatment including surgeries, physical therapy and long-term care. Compensation claims can cover medical expenses, lost income and other costs of recovery.
Who is responsible for scaffold injuries?
Determining liability is key to pursuing compensation for scaffold injuries. Several parties may be responsible depending on the circumstances of the accident. Commonly responsible parties are:
- Employers: Employers have a primary duty to provide a safe workplace including ensuring scaffolding is erected and maintained properly and workers have the right training and safety gear.
- Scaffolding companies: If a scaffolding company supplied a faulty temporary structure or didn’t follow safety regulations during installation, they could be held liable for injuries.
- Contractors or site managers: Those in charge of activities on a construction site must ensure all workers including scaffold workers follow workplace health and safety laws and reduce risks wherever possible.
- Manufacturers: If a scaffolding accident is caused by a defective component the manufacturer of that component may be liable under product liability laws.
Liability often depends on proving negligence – showing someone or something failed to take reasonable care to prevent the hazard. Consulting expert lawyers can help identify who is at fault and ensure the claim process considers all parties responsible.
How to claim for scaffold injuries
If you’ve been injured in a scaffolding accident, follow these steps and you’ll increase your chances of getting fair compensation. Here’s what you need to do:
- Report the incident: Tell your employer or site manager as soon as possible. Not reporting the accident promptly may affect your workers compensation claim.
- Get medical attention: Your health is first. Document your injuries with medical records will also support your claim for medical expenses and other damages.
- Get evidence: Collect as much evidence as you can from the scene. This includes photos of the scaffolding, the accident site and any hazards or unsafe conditions. Witness statements from other workers can be very helpful.
- Know your rights: Understand workplace health and safety laws and your entitlements under workers compensation. For example, you may be entitled to compensation for lost wages, medical expenses and rehabilitation costs.
- Lodge your claim: Submit your workers compensation claim within the time limit. Include all relevant documents such as your injury report, medical records and evidence collected.
- Get legal advice: The legal process can be tricky especially if there’s a dispute about liability or the extent of your injuries. Consulting expert personal injury lawyers can make sure your claim is thorough, and you get the most compensation.
By following these steps you’ll be in a better position to pursue your claim and get the support you need to recover.
What can you claim?
If you’ve been injured in a scaffolding accident, you may be entitled to:
- Medical: Coverage for treatment costs including hospital stays, surgeries, medications, physical therapy and ongoing care for serious injuries.
- Lost wages: Reimbursement for wages lost while recovering from your injuries and compensation for reduced earning capacity if you can’t return to your previous role.
- Pain and suffering: Compensation for physical and emotional damage from the accident including long term consequences like chronic pain or mental health issues.
- Rehabilitation and support services: Financial support for programs to help you get back mobility, independence or employment after the accident.
- Other: This can include travel costs for medical appointments, home modifications or the need for domestic assistance during recovery.
The amount you can claim will depend on the nature of your injuries, the circumstances of the accident and whether negligence was involved. A scaffolding accident claim will support injured construction workers throughout their recovery and get them back to their lives.
Time limits for scaffolding injury claims
When claiming for scaffold injuries it’s important to act fast. Time limits apply to workers compensation claims and personal injury lawsuits. Missing these deadlines will mean you’ll miss out on the compensation you’re entitled to.
Here are the timeframes:
- Workers’ compensation claims: You should notify your employer of the accident as soon as possible or within a reasonable time. Formal workers compensation claims should be lodged within 6 months of the accident, but exceptions can apply in certain circumstances.
- Personal injury claims: If a third party (like a scaffolding company or manufacturer) was negligent and caused your injuries you may have up to 3 years to claim in most states. But this can vary depending on your state or territory so check the laws in your area.
- Exceptions for serious cases: In some cases, like long term disability courts may extend the time limit. But these are rare and need strong justification.
Acting fast not only meets the deadlines but also strengthens your claim by preserving important evidence and witness statements. Consulting with expert lawyers early will help you understand your options and avoid delays.
How South East Injury Lawyers can help
After a scaffolding accident it can be overwhelming especially when you’re injured and recovering. That’s where we come in.
At South East Injury Lawyers we help injured workers understand their entitlements and get the compensation they’re owed. From workers compensation claims to legal action for negligence we’re with you every step of the way.
We’ll get the evidence, build your case and make sure nothing is missed. Whether it’s medical costs, lost wages or long-term rehabilitation costs we’ll work hard to get you the most out of your claim so you can get back to recovery.
If you’ve been injured in a scaffolding accident, don’t wait. Contact South East Injury Lawyers today for a free consultation and take the first step towards getting the support you need. Let us help you move forward with confidence.
