Scaffolding and Ladder Falls
Massachusetts Scaffolding Accident Attorneys
Ladder and Scaffold Injury & Falls in the Workplace
A scaffolding accident, ladder fall, or other job site accident that involves falling from an elevated position can easily result in a serious and devastating injury that will leave you unable to work. This can affect not only your health but also your financial stability and peace of mind.
Regardless of what your employer may or not be telling you, it is important to understand that you have rights and you should not take any settlement before you speak with a Burlington workers' compensation lawyer. At DiBella Law Offices, P.C., we help our clients recover financially and achieve justice after being hurt in a work related accident involving a scaffold or ladder.
Handling Workers' Comp Claims Involving a Fall from a Ladder
If you are hurt in Massachusetts, our team will be by your side to help you get the compensation you deserve through thorough preparation and skilled advocacy in and out of the courtroom. We have three offices located in Boston, Methuen, and Burlington.
Our skilled and compassionate Methuen scaffolding accident lawyer have experience handling workers' compensation claims where you have suffered any of the following injuries:
- Other broken bones
- Extensive bruising, fractures, and muscle tears
The Occupational Safety and Health Administration (OSHA) has strict guidelines regarding construction sites, workers, and the equipment they use. These guidelines were put into place to ensure that the lives of construction workers are never at risk.
The basic OSHA guidelines regarding scaffolding are:
- Scaffolding must be able to support at least four times the maximum intended load.
- Employees who are working ten feet or more above a lower level must wear fall protection/harnesses.
- Scaffolding must have guardrails on all sides, or at least the three sides facing away from the building or structure.
- Scaffolding must be inspected before each worker’s shift to look for visible defects.
- All employees must be properly trained to work on scaffolding.
Unfortunately, injuries and falls still occur, particularly when construction companies or supervisors are negligent and don’t adhere to industry standards.
Who's to Blame for a Scaffolding Accident?
Depending on the circumstances of the accident, a few parties may be liable for a worker’s injuries. If the company that rented the scaffolding to the construction company sold a defective product, that rental company could be liable. Or if a construction site supervisor didn’t ensure that the scaffolding was properly secured, he could be liable.
When a supervisor or owner of a company is to blame for the accident, workers’ compensation will protect the employer from being sued and will also provide benefits to the employee. In Massachusetts, an employee cannot sue an employer for injuries that happened on the job, unless the employer did not carry workers’ compensation.
If the employee caused his own injury, workers’ compensation would still cover expenses related to the injury. Workers’ compensation is no-fault insurance, which means it does not matter if the employee contributed or caused the accident; he or she is still entitled to benefits.
When workers’ compensation does not cover all expenses related to the injury and another party was partially responsible, the injured worker may file a third-party claim. This would be the case if the scaffold was defective, if an independent contractor ran into a ladder and caused it to fall, or if a party other than the employer caused the accident. Third-party claims are personal injury lawsuits.
Skilled Workers' Compensation Attorneys in Methuen
At our firm, our attorneys are familiar with the complexities of Massachusetts workers' compensation laws as well as pursuing an effective and successful claim when there is third-party involvement. We know how to use the proper procedures required to get you the maximum compensation for your job site injury.
Contact our firm today at (781) 262-3338 schedule a free consultation at one of our three office locations. We look forward to working with you to help recover the damages required to cover your expenses.
- Safety and Health Topics - Scaffolding - Occupational Safety and Health Administration
- Occupational Ladder Fall Injuries - United States, 2011
- Ladder Safety One Rung at a Time
- Falls in the Workplace - CDC - NIOSH Workplace Safety and Health Topic