It occurs far too often that workers are simply doing their job when a scaffold gives away and they become seriously hurt. If you have suffered in a scaffolding accident, you must take immediate action, whether that be via a workers’ compensation claim or a third-party claim. Read on to discover the common causes of scaffolding accidents and how a seasoned Morris County work injury attorney at Lutz Injury Law can help you recover your damages.
What are the most common causes of scaffolding accidents in the state of New Jersey?
A scaffolding accident is the most common type of construction accident. What’s worse is that they are almost always preventable, but they still occur due to the negligence of an employer or otherwise a third party. Common examples of why scaffolding accidents occur read as follows:
- OSHA guidelines are violated.
- Overhead protection is not present.
- Brakes are malfunctioning.
- Pulleys are defective.
- Fall safety systems are defective.
- Scaffolds are not properly secured.
- Scaffold design is unsafe.
- Scaffold manufacturing is negligent.
What type of claim should I file for a scaffolding accident?
Depending on the circumstances of your accident, you will either file a workers’ compensation claim or a third-party claim to help cover the cost of your medical bills and lost wages. If your injuries are due to an employer’s negligence, then you will file a workers’ compensation claim, which is basically a lawsuit against your employer’s insurance provider. However, if your injuries are due to a third party (i.e., the company that manufactured the defective safety equipment), then you will file a third-party claim. Regardless, the statute of limitations to file your claim will be two years from the date of your accident.
What evidence do I need for my scaffolding accident claim?
You hold the responsibility of fulfilling the burden of proof for your scaffolding accident claim. That means that you must collect evidence to directly tie your injuries to the negligence of another party. Examples of such evidence read as follows:
- A copy of the police report conducted at the scene of the accident.
- Pictures and videos of your injuries, damages, and hazards that contributed to your accident.
- Surveillance camera footage of your accident occurring.
- A doctor’s note that highlights the date, time, and severity of your injuries.
- Medical bills that highlight the cost of your required treatment.
- Past pay stubs that highlight your current and future lost wages due to your injuries.
If you require assistance with gathering any of this proof, do not hesitate in contacting a competent Morris County personal injury attorney today.
CONTACT OUR MORRIS COUNTY FIRM
If you have been the victim of the negligence of another in an accident, please contact a qualified New Jersey personal injury attorney at Lutz Injury Law as quickly as possible following the subject accident.