How to File a Successful Personal Injury Claim Resulting from a Scaffold Accident

Scaffolding work poses a very high risk of injury. An accident can lead to catastrophic and life-altering injuries. An injured victim may file a personal injury claim to recover compensation for the injuries. However, in order to file a successful personal injury claim, a victim must prove the following:

The defendant had a duty to provide for the safety of the worker

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 safety of its employees. Negligence in performing these duties may make these parties liable in the event of an accident.

The defendant breached that duty

Violation of safety standards is considered a breach of duty. If an OSHA regulation is violated, or if there are any other violations 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 a worker suffers injuries because of breach of that duty, the defendant may be held liable for the injuries.

Types of damages recoverable in a scaffold accident case

Here is a list of damages recoverable after a scaffold accident:

·         Compensatory damages

·         Lost wages

·         Loss of future earning capacity

·         Medical expenses

·         Costs of living with a disability or injury

·         Non-monetary damages

·         Physical and mental pain and suffering

·         Loss of ability to enjoy life