Many aspects of construction work are dangerous. However, some of the most dangerous construction jobs are those that involve working high in the air on scaffolding. Scaffolding is necessary in that it allows workers to access areas that they would not otherwise be able to reach; however, improperly assembled or defective scaffolding can present serious risks to construction workers. At Krolikowski Law, Orange County scaffolding accident lawyer Adam Krolikowski skillfully prepares and files workers’ compensation claims on behalf of injured construction workers. Krolikowski Law has been helping construction workers and their families pursue workers’ compensation benefits since 2004.Common Scaffolding Injuries
Scaffolding is a temporary structure that construction crews set up to assist in a construction project. Scaffolding accidents are among the leading causes of construction injuries. In part, this is because scaffolding presents a variety of risks, including:
- Falling from scaffolding
- Being struck by an object that fell from scaffolding or by unsecured scaffolding
- Planking slipping, breaking, or giving way
- Accidents due to improper assembly
- Accidents due to defective scaffolding
- Scaffolding touching live electric wires
Regardless of how a scaffolding accident occurred, injured construction workers may qualify for workers’ compensation benefits.Pursuing Compensation After a Scaffolding Injury
People injured in a scaffolding accident may be able to pursue a claim for compensation under two different legal theories. First, they can bring a workers’ compensation claim with the assistance of a scaffolding accident attorney in Orange County. The workers' compensation system is based on a trade-off between workers and employers. Workers can receive prompt medical treatment for workplace injuries, regardless of who was at fault. In return, they are prevented from suing employers for their injuries.
Under California’s workers’ compensation laws, employers must obtain workers’ compensation insurance. This ensures that an employer has the necessary resources to compensate an employee for their injuries. If an employer fails to obtain workers’ compensation insurance, an injured worker will not be limited to filing a workers’ compensation claim and can pursue a personal injury claim against the employer.
However, almost all employers have workers’ compensation insurance. Once an employee notifies the employer of an injury, this triggers an affirmative duty on the employer’s part to facilitate the employee’s claim. For example, employers must provide an injured employee with the necessary workers’ compensation paperwork within one day of the reported injury. And after the employee returns the form, the employer must submit the form, along with its report of the injury, to the claims administrator within one business day. An Orange County scaffolding accident attorney can explain these rights and others in greater detail.
The second type of claim that an injured worker may pursue is a personal injury claim. An injured worker typically cannot bring a personal injury claim against their employer. However, if a construction worker’s injury is a result of a third party’s negligence, the worker can pursue a personal injury claim against that party. An example of this situation is when an employee’s injury is caused by defective scaffolding. If this happens, the injured worker could pursue a workers’ compensation claim against their employer and a personal injury claim against the manufacturer of the scaffolding. Generally, injured workers cannot recover compensation twice for the same injury, so if they are successful in both claims, they will need to pay back most or all of their workers’ compensation benefits.Contact a Construction Accident Lawyer for Immediate Assistance
If you or a loved one has recently suffered serious injuries in a scaffolding accident, you may be entitled to compensation. However, the legal process can be complex, and employers and insurers may be looking for a reason to deny a claim. Attorney Krolikowski is an experienced scaffolding accident lawyer based in Orange County who handles workers’ compensation claims on behalf of injured construction workers. With his assistance, you can rest assured that your case is in good hands, allowing you to focus on your recovery and get your life back to normal. To learn more, and to schedule a free consultation, contact Krolikowski Law at (949) 274-9915 today.