Tuesday, July 11, 2017

Filing a Successful Personal Injury Claim Resulting from a Scaffold Accident

My brother was injured when he fell down from scaffolding that malfunctioned.  He has suffered a spinal cord injury and is currently undergoing medical treatment. We are going to file a personal injury claim for his scaffolding accident. How can we ensure that our claim is successful?

In order to file a successful personal injury claim resulting from a scaffolding accident, you must prove the following:

The defendant had a duty to provide safety
Any party that supplies, maintains, or moves the scaffolding has a duty to ensure the safety of workers. Any party that possesses the power to make decisions at a construction site also has a duty to ensure the safety of its employees. Negligence in performing these duties may make these parties liable.

The defendant breached that duty
If an OSHA regulation is violated, or if there are any other violation of safety standards that have been accepted in the industry or recommended by experts, this too may be considered a breach of the standard of care.

The breach caused harm to the worker
If you have suffered injuries because of breach of that duty, the defendant may be held liable for the injuries. 

2 comments:

  1. I was injured in a scaffolding accident. A friend of mine suggested that I should hire a lawyer from Dervishi Law Group, P.C. Why should I hire a lawyer from your law firm?

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    Replies
    1. At Dervishi Law Group, P.C., we pride ourselves on staying on top of the constantly changing laws in the area of construction accidents. As experienced New York City construction accident lawyers, we are very familiar with the special provisions of the New York Labor Law that deal with injuries sustained by falls from scaffolds and ladders by construction workers on a work site. We understand the complexities of New York construction laws as well as issues of owner, agent and contractor liability. We pride ourselves on helping scaffold and ladder accident victims throughout the Bronx, Brooklyn, Manhattan, Queens, Westchester County and Rockland County obtain compensation for their injuries and financial loss. Ref: http://www.dervishilaw.com/areas-of-practice/scaffolding-accidents/

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