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If I Have Been Injured By Rental Scaffolding At Work, What Happens Next?

  • By: Thomas L. Hause
  • Published: June 11, 2021

All employees are entitled to a safe workplace. However, anyone in the construction industry will tell you that workplace injuries happen. Every year, thousands of construction workers are injured on the job, and one of the most common causes of construction site injuries is scaffolding.

If or a loved one have been injured by scaffolding while working construction, you have rights. First things first, in the immediate aftermath of a scaffolding accident, take the following steps:

  • Seek Medical Attention: If you are injured in any way, make sure to get medical attention as soon as possible. This is important both for your health and in order to document your injuries. Be very careful to follow all the doctor’s instructions and follow up with all appointments. This is also both in the interest of health and in order to show that you are complying with treatment, which will deflect future challenges to your case.
  • Report The Accident To Your Employer: You should report the accident to your employer as soon as possible. If they comply with state law, they will then report the accident to Labor and Industries. Both your employer and Labor and Industries are likely to launch their own investigations into the accident. This is why step 3 and 4 are essential.
  • Gather And Document All Evidence: It is essential to get as much documentation of the accident as you can. This includes getting the contact information of anyone who may have witnessed the accident. It also includes getting photographs of the scene and the resulting damage, as well as gathering and keeping all of your related medical records.
  • Call An Attorney: It is essential to contact an experienced personal injury attorney as soon as possible. The sooner an attorney gets involved, the less likely you are to inadvertently harm your own case.

Who Will Pay My Medical Bills?

Worker’s Compensation will usually cover your medical expenses. In some cases, specifically if you were not an official full employee, you may not be eligible for Worker’s Compensation coverage. If that is the case, you may need to pursue a personal injury lawsuit to get your medical bills covered.

Can I Sue For Damages?

As mentioned above, it is possible and sometimes necessary to sue for damages if you were injured by scaffolding on the job. If you received Worker’s Compensation, it prohibits you from suing your employer, though it does not prevent you from suing other responsible third parties. Depending on your situation, you may be able to sue for medical damages as well as loss of wages (if your injury prevented you from being able to work), future or potential wages (if your injury prevents you from working indefinitely), and damages such as pain and suffering.

Who Is Liable For The Accident?

The party liable for the accident depends on a number of factors, largely decided by rules and laws put in place by OSHA (a federal agency which regulates workplace safety), and Washington State laws (including WISHA, the Washington State Industrial Safety and Health Act).

When all appropriate safety measures and regulations are followed, there are very few—if any—scaffolding accidents in the workplace. Therefore, your accident was likely caused by someone cutting corners, be it your employer or a contractor.

In order to claim damages, you must first make a case for liability. That’s where a good personal injury and worker’s compensation attorney comes in. If you are in the St. Snohomish, WA area, the best attorney for your scaffolding injury case is Craig Gourley. With over 30 years of experience and a stellar reputation, Attorney Gourley knows what it takes to make a compelling personal injury case. He will work tirelessly on your behalf so that you can get the settlement you need to move on from your injury. Don’t wait: Let Craig Gourley start building your case today. Call (360) 323-2885 for a free consultation.

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