Construction sites are nevertheless a precarious working environment, and falling off scaffolding is among the most hazardous risks workers face.
As construction projects rise in Tampa, the need for qualified employees and safe conditions for every worker has become more pressing.
However, measures are often not taken when required, and this causes severe accidents that have the potential to leave the involved worker with more than physical, emotional, and financial repercussions.
Accordingly, everyone should hire a skilled Tampa scaffolding accident attorney when such incidents occur to obtain the money they are entitled to and enable them to move on with their lives.
Notes on Scaffolding Accidents in Tampa
Scaffolding is also widely used in construction to support tasks that must be done at a higher level, from painting to structural repair work. However, scaffolding can be a grave threat when standards are not followed.
The Occupational Safety and Health Administration (OSHA) estimates that over 60% of construction workers operate scaffolds. Neglect of safety categories can cause severe injuries to individuals and, in some cases, deaths.
There are different reasons scaffold accidents occur among construction workers; below are some of the most common ones.
Accidents related to scaffolds happen due to numerous different causes. Some of the most common causes include:
- Improper Scaffolding Assembly: Scaffolding failure, particularly its collapse, may occur due to a poor setup or assembly of the structure, which places the workers gravely at risk.
- Incorrect or Quality Materials: These structures may be made from low-quality or even faulty materials that, when pressured, will collapse, resulting in falls.
- Insufficient Training: Employees who have yet to undergo training will not be able to identify the risks involved, and even if they do, they will not be aware of how to work while on the scaffolding.
- Inadequate Safety Measures: Lack of safety harnesses, guards, and other protection facilities will likely make falls more frequent.
- Weather Conditions: Working on scaffolding when the wind or rain blows is dangerous because this can cause mishaps.
These conditions if met can cause severe harm with complications such as fractures, head injuries, spinal damage, or even death.
The result of scaffolding-related accidents is typically severe injuries that need a lot of both medical care and time to recover from, not to mention the added expenses given the costs associated with treatment.
Legal Rights of Scaffolding Accident Victims
If you or a member of your family has become a victim of scaffold handling, you need to be aware of your legal rights as a Florida worker.
Florida workers’ compensation laws offer compensation for any injury that occurs while working, but the compensation does not necessarily mean full reimbursement for losses.
In the event that any third party contributed to the accident, then the victims may be further entitled to compensation.
- Workers’ Compensation: Employees get compensation in Tampa if injured at work or during work-related events. This assistance assists in situations when people incur bills for medical attention, loss of wages due to sick days, or disability. Nevertheless, only some advantages fail to be realized, especially if the injury is severe.
- Third-Party Liability Claims: If a scaffolding accident is caused by the negligence of a third party, such as the contractor or manufacturer of the equipment, an injured worker may bring a personal injury lawsuit. Such a claim can provide a means of recovering more than workers’ compensation, including for pain, suffering, future medical bills, and much else.
- Product Liability: In cases where the scaffolding equipment was at issue, victims may be able to recover through a product liability action against the manufacturer of the defective equipment. A Tampa scaffolding accident lawyer can therefore help find out if a defective product caused the accident, and then they build their case on that.
In this way, a Tampa scaffolding accident lawyer can help.
It might be challenging to know what legal rights to pursue and how to proceed after a scaffolding accident, mainly for those injured in the calamity.
A competent Tampa scaffolding accident attorney can be a tremendous help to an injured employee, particularly when dealing with legal issues.
Here are several ways they can help:
- Investigating the Material Rightfully: A lawyer can gather all the details surrounding the accident to ascertain all the persons to blame. He or she will assemble all the evidence, talk to the witnesses, and analyze safety reports to strengthen the case.
- Evaluating Responsibly and Filing Claims: An attorney with AAAI accreditation for handling scaffolding accidents will appreciate the persons at fault and bring forth rightful lawsuits. Depending on the situation, such costs may be in the form of workers' compensation, third-party costs, or product liability costs.
- Calculating Fair Compensation: A good lawyer in Tampa could consider several factors and decide on a just amount to seek. Such damages may include present and future medical care costs, lost income, rehabilitation expenses, and others.
- Dealing with insurance companies: Insurance suppliers are usually interested in avoiding long trials and thus offer the victim a smaller amount than he deserves. An attorney will fight for you at the negotiating table and try to get you what you rightfully deserve.
- Representing You in Court: If the case goes to trial, a Tampa scaffolding accident attorney will stand for his or her client with the best evidence possible in the courtroom.
Characteristics to Consider When Choosing a Tampa Scaffolding Accident Law Office
It is crucial to decide on the best lawyer if your case is to be successful. Look for an attorney with the following qualities:
- Proven Track Record: Conduct previous cases or testimonies to determine the lawyer’s effectiveness in achieving reasonable compensation for the victim.
- Compassionate Approach: Scaffolding injuries can be severe and transform the life of the individual who has suffered them. An excellent and concerned lawyer understands your pain and distress and can make a world of difference to your healing process.
- Good Communication Skills: Your attorney should inform you, and that attorney should be ready to respond to your inquiries. Of course, communication is a particularly crucial aspect of any legal action that needs to be spotlighted.
- Perseverance and Reliability: Situations in the room cannot be simple, so they demand a lot of hard work and attention to detail. A determined lawyer will go to any extent possible to ensure that justice has been served.
Often Offered Forms of Damages in Scaffold Accident Litigation
Victims of scaffolding accidents may be eligible for several types of compensation, including:
- Medical Expenses: This includes present and future healthcare expenses for operations, drugs, therapy, and every other related expense that one is likely to incur in the future.
- Past Wages, Future Earnings: Loss of income during recovery and wages and salaries that may be earned in the future but in a limited capacity.
- Pain and Suffering: Compensatory damages one party should pay to another due to bodily harm include Past and future medical expenses.
- Disability and Disfigurement: Damages for perdurable bodily harm for disfigurement or functional loss of a human body organ.
- Loss of Consortium: It is also seemingly possible to recover for other, noneconomic damages when the accident led to the death of a loved one due to lost society.
Conclusion
If you or your friend or close one were involved in a scaffolding accident in Tampa, it would be good to know that you do not have to go through the trial of the injuries alone.
You can get help from a skilled Tampa, Florida, accident attorney pursuing justice and damages for your scaffolding mishap.
From gathering evidence to beginning a trial process, an effective lawyer is with you at each stage. Time is always an issue in legal cases, so save time when you need help.
FAQs
After a scaffolding accident in Tampa, what should I do as soon as possible?
Get checked by a doctor, inform your employer of the incident, take photos or record the site, and contact an experienced Tampa scaffolding accident attorney.
Can I sue my employer if I am receiving workers' compensation benefits?
Yes, in certain cases. Nevertheless, in cases of third-party negligence, the victim can still seek a second legal claim to obtain more compensation.
What prescriptive period applies to the courts in scaffolding accident lawsuits in Florida?
Normally, the legal time frame for filing civil cases of personal injuries in Florida is four years. However, such time limitations may still differ from case to case, so it is advisable to consult a lawyer as soon as possible.
What should I receive from my scaffolding accident claim?
The amount varies depending on your case and such circumstances as the degree of the condition of your injuries, the effect on the earning capacity in the future, and more. The costs will vary depending on the case and the lawyer you hire, but a Tampa scaffolding accident lawyer can give an estimate.
Do I need an attorney for a worker's compensation case?
Although it is not obligatory, the presence of an attorney guarantees that all of the possible benefits will be received. It will also come in handy in situations when disputes may occur regarding the amount of compensation or additional claims.
