Scaffolding is a structure that is temporarily erected in order to reach high levels of buildings that are being built, painted, cleaned, or renovated. Construction jobs, as well as other occupations that use scaffolding, may pose hazards to workers in the form of serious or fatal injuries when scaffolding has not been properly supported or when it collapses. According to the Illinois Workers’ Compensation Act, workers hurt when scaffolding collapses or fails may recover the costs of medical expenses, lost wages, and disabilities caused by a workplace injury. At Katz, Friedman, Eisenstein, Johnson, Bareck and Bertuca, our Chicago scaffolding accident attorneys help injured workers seek benefits. We can bring decades of combined experience as workers’ compensation lawyers to protecting your rights.Exploring Your Options After a Scaffolding Accident
Scaffolding is common at construction sites, and it is an efficient way for workers to maneuver around the exterior of a building or structure. When a worker falls or otherwise suffers injuries in a scaffolding accident, they may pursue a workers’ compensation claim against their employer to seek benefits. In exchange for being able to pursue a claim through this no-fault system, the injured worker will not be entitled to directly sue their employer for more compensation.
Two types of scaffolding may be used on job sites: supported or suspended scaffolding. The Department of Labor, Occupational Safety and Health Administration (OSHA) has made clear that frame scaffolding, a supported type of scaffold that is built from the ground up, must have a personal fall arrest system or guardrail. Suspended scaffolding hangs from ropes or other flexible material but must also meet the requirements for frame scaffolding. OSHA also maintains important safety rules regarding employee training and other safety measures that decrease the likelihood of workplace injuries.
Scaffolding accidents may be caused by a variety of factors, ranging from inadequately installed structures to an employer’s failure to take appropriate safety measures. Improperly installed or dismantled scaffolding often causes scaffolding accidents. Since workers’ compensation is a no-fault system, the injured worker will not be required to demonstrate legal fault in order to recover benefits. Instead, eligibility depends on successfully demonstrating causation with the assistance of a scaffolding accident lawyer in the Chicago area. Workplace injuries must directly result from job-related duties and obligations.
In the event that another individual or entity, rather than an employer, caused a scaffolding accident, an injured worker may have a legal claim against that person or entity. This claim would be filed as a personal injury claim, and it may be appropriate if a different company from the employer erected the scaffolding or supplied the materials. Through a third-party claim, the injured worker might recover compensation for pain and suffering, lost income, and other losses beyond those provided by workers’ compensation. Generally, workers’ compensation benefits include payments for medical expenses and lost wages from work. Damages that may be recovered in a third-party claim thus are more extensive than those potentially available through workers’ compensation.Contact a Scaffolding Accident Attorney in Chicago
The job injury lawyers at Katz, Friedman, Eisenstein, Johnson, Bareck and Bertuca represent Illinois workers who have been hurt in scaffolding accidents, as well as other work-related accidents. We can investigate the details of the accident and explain your legal options. By working to pursue workers’ compensation benefits and, in some cases, bringing a third-party claim, our Chicago scaffolding accident lawyers help ease the financial pressures that accompany a serious workplace injury. Contact our office today for a free consultation online or at (800) 444-1525. We also help people in Champaign, Rockford, Springfield, Aurora, and Quincy, as well as other areas of Champaign, Sangamon, Cook, Kane, Adams, and Winnebago Counties.