Scaffolding accidents can lead to severe injuries. And the aftermath often involves navigating complex legal waters.
If you or a loved one has been injured in a scaffolding accident, read on. It’s crucial to understand the factors influencing settlement amounts.
After all, the final compensation hinges on various elements. Knowing these factors can empower you as you pursue a worker’s compensation claim.
Let’s dive in!
1. The Severity of the Injury
One of the factors affecting scaffolding accident settlements is the severity of the injury sustained. Falls are one of the leading causes of death in the construction industry. It has contributed to 37% of all construction fatalities in recent years.
Some of the injuries result in long-term disability or require extensive medical treatment. These factors substantially increase the settlement value.
Severe injuries not only affect your physical health. They also impact your emotional well-being.
Insurance companies often consider historical data on injury severity. They take into account settlement outcomes when determining their offers.
Therefore, documenting your injuries, treatments, and their impacts on your daily life is vital. This will help effectively support your claim.
2. Employer Liability
The determination of employer liability plays a critical role in scaffolding accident settlements. Employers are mandated to provide a safe working environment and meet OSHA regulations.
It may be established that the employer failed to uphold safety standards. They may have proven to have neglected necessary maintenance on scaffolding. In this case, they can be held liable for resulting injuries.
Workers are more likely to receive higher settlements when employer negligence is proven. An experienced construction accidents lawyer can help investigate the circumstances. They can identify liability and strengthen your case.
3. Contributory Negligence
Contributory negligence refers to the degree to which the injured party may share blame for the accident. There are states that apply contributory negligence rules. Any fault on the worker’s part can reduce or even negate their ability to collect damages.
This often leads to contentious debates. Responsibility and blame can be argued when settling scaffolding accident cases.
For example, if it is claimed that a worker did not follow safety protocols, this may be used against them in court. So it’s imperative to document every aspect surrounding the accident. You need to consult with your legal team to prepare a strong argument that minimizes contributory negligence claims.
4. Loss of Wages
The financial impact of lost wages is another crucial aspect of scaffolding accident settlements. Injuries that lead to time off from work can create huge economic hardship for the injured party and their families.
The average construction worker in the United States can expect to lose thousands in wages. Their time away from work following an accident can be financially damaging.
To calculate loss of wages, various factors must be considered. This includes the worker’s salary, overtime, and potential future earnings.
You need to document all lost wages. This includes pay stubs and employer statements, if necessary. They will help ensure a fair assessment of your economic losses.
A knowledgeable construction accident lawyer may help. They can assist in evaluating these costs in settlement negotiations.
Understanding Your Rights in a Scaffolding Accident
Several factors play a pivotal role in determining scaffolding accident settlements. The four factors identified above affect the compensation you can secure.
If you or someone you know has experienced a scaffolding accident, it’s essential to consult a construction accidents lawyer to assess your claim effectively. They can ensure that you get the compensation you deserve.
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