Personal Injury On Monday, October 30, 2023
Scaffolding accidents are serious and often deadly catastrophes that can occur in the construction industry. If you get injured in a scaffolding accident, you should take certain steps to protect yourself physically, as well as legally and financially. One important action to take is to contact an experienced New Haven personal injury lawyer for legal advice that you can trust.
Your personal health and safety should always come first. Get medical care for your injuries right away. Go to the nearest hospital or request an ambulance in an emergency. Since scaffolding accidents are typically serious due to falls from heights or falling objects striking workers, victims may not need treatment from a medical provider that is on the Connecticut Workers’ Compensation Commission’s approved list of physicians. This is not necessary for emergency medical care. However, appointments after your initial care may need to be with an approved provider if you wish to be covered by workers’ compensation insurance.
Report the scaffolding accident to the construction site manager or your employer as soon as possible. The workers’ compensation program requires the reporting of work-related injuries immediately. Workers’ comp claims are common after scaffolding accidents and other types of construction disasters, as this type of insurance offers no-fault benefits to injured workers. Ask for an accident report when you tell your employer about the incident and your injuries.
Do your best to document the scaffolding accident, even before you leave the scene. This can include writing down eyewitness information and taking photographs of the accident site. Gather documentation of all relevant details or information, such as scaffolding safety requirements, your employment documents and your medical records.
It is important to obey your doctor’s orders when recovering from a scaffolding accident. This is for your own physical safety and ability to heal from your injuries as well as for the insurance claims process. An insurance provider may deny coverage to a worker who ignored the instructions given by a doctor, as this could be used as proof of failure to mitigate losses.
Before you proceed with a workers’ compensation claim, discuss your legal rights with an attorney at Loughlin FitzGerald, P.C. during a free consultation. Once you accept a workers’ compensation settlement, you give up the right to sue your employer for negligence. If there is evidence showing that your employer failed to keep workers free from injury by ensuring a safe work environment, you may qualify for greater financial compensation through a personal injury case. An attorney can review your situation and can give you advice about which type of claim to file.
If a workers’ compensation claim is the right choice for your case, inform your employer that you wish to file. He or she can submit your claim for you. If you were badly injured in a scaffolding accident, such as if you were diagnosed with a catastrophic or disabling injury, you may need assistance from an attorney to help you negotiate a fair workers’ comp settlement for your past and future losses.
Your situation may be better suited to a personal injury lawsuit if one or more parties contributed to the scaffolding accident. A personal injury lawsuit could lead to a greater payout, such as compensation for pain and suffering. You may have grounds to file a lawsuit if negligence caused the accident, such as a careless coworker who did not construct the scaffolding properly or an employer that failed to properly train workers. An attorney can help you examine the possibility of a lawsuit and file the required claims paperwork if this is in your best interest.