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    • Martin D. Smalline, Esq.
    • JoAnn P. Harri, Esq.
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  5. Third-party negligence claims after a scaffolding accident

Third-party negligence claims after a scaffolding accident

On Behalf of Smalline and Harri | Apr 24, 2024 | Construction Accidents

Construction sites are inherently busy and potentially dangerous environments. Scaffolding, a crucial element for many construction projects, presents a significant fall risk for workers. While safety regulations are in place, accidents can still happen due to negligence.

If you’ve been injured in a scaffolding accident caused by someone other than your employer, you might have grounds for a third-party negligence claim.

Understanding third-party claims

Workers’ compensation is typically the primary source of financial support after a work-related injury. However, it may not cover all your losses. This is where third-party claims come in. These claims allow you to pursue compensation from parties other than your employer whose negligence contributed to your accident.

Potential third-parties in scaffolding accidents

Several parties on a construction site might be liable for a scaffolding accident, depending on the specific circumstances. Scaffolding companies are responsible for erecting, inspecting and dismantling scaffolding safely. They could be held liable if faulty assembly, defective components or improper maintenance led to your accident.

The general contractor oversees the entire project and has a responsibility to help ensure a safe work environment. They might be liable if they fail to supervise subcontractors or implement safety protocols regarding scaffolding use properly.

Similar to general contractors, subcontractors responsible for specific tasks like installing drywall or electrical wiring could be negligent if, for example, they overload the scaffolding or remove safety guardrails.

If the design plans for the scaffolding were faulty or didn’t comply with safety standards, the architects or engineers who created them could be liable. In cases where a malfunctioning component, like a faulty bracket or plank, caused the accident, the manufacturer might be responsible.

Scaffolding accidents can result in devastating consequences. While workers’ compensation can offer initial support, a third-party negligence claim might be necessary to recover full compensation for your injuries. If you’ve been injured in a scaffolding accident, legal counsel to explore your options related to a possible third-party claim. You shouldn’t have to shoulder financial burdens that rightfully belong to somebody else.

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