How Much Compensation Can I Get for a Scaffolding Accident in California?

The amount of compensation for a scaffolding accident in California usually depends on the facts of your case and your status as an employee or a non-employee.

Most scaffolding accident victims are employees who are entitled to workers’ compensation benefits. These benefits usually include lost wage replacement and medical bill payment. However, insurance companies do not give away these benefits like candy on Halloween. They often dispute, delay, or underpay valid claims.

Some scaffolding accident victims, both employees and non-employees, may also file civil damage claims. The rules are a bit different in this area. More on that below.

Since many victims have multiple legal options, a Los Angeles construction accident lawyer must thoroughly evaluate your case and carefully weigh all these alternatives. This thorough evaluation, combined with diligent evidence collection and strong legal advocacy, gives you the best chance at maximum compensation for your serious injuries.

How Do Scaffolding Accidents Happen?

The first step toward determining the amount of compensation is determining how the accident occurred. This process begins with understanding that scaffolding fall injuries are not inevitable and unavoidable “accidents.”

Common Causes of Scaffolding Falls

People usually fall off scaffolding because the construction company:

• Didn’t provide sufficient safety equipment, like guardrails and safety harnesses.
• Didn’t give usage instructions to workers.
• Didn’t encourage workers to use all available safety equipment.
• Didn’t properly assemble, inspect, or maintain the scaffold.

These issues are particularly common in California and other states with a high percentage of limited English proficiency workers. Cal/OSHA scaffolding safety rules exist to prevent exactly these failures. Posting a sign does not excuse a company from following them. Learn more about how warning signs affect a construction injury claim.

Scaffolding Collapse Injuries

Other people are injured on the ground when scaffolding collapses. Frequently, these people aren’t wearing hard hats or other PPE (personal protective equipment). So, their injuries are particularly severe.

How Serious Are Scaffolding Fall Injuries?

That’s not to dismiss the danger of a scaffolding fall injury. Falls are one of OSHA’s “Fatal Four” leading causes of construction deaths. Even a fall from one or two stories can cause catastrophic injuries like traumatic head injuries, broken bones, and spinal cord injuries. When a fall is fatal, surviving family members may be able to pursue a wrongful death claim.

Workers’ Compensation and Scaffolding Accidents

If the injured party is a worker, the precise cause of the scaffolding accident is usually irrelevant. Under California workers’ compensation law, benefits are available if the claimed injury was substantially work related. Learn more about the rights of injured workers in California.

What If You Had a Pre-Existing Condition?

This issue comes up if a pre-existing or non-work condition, like a bad knee or bad back, contributed to the risk and/or severity of a work-related injury. In these situations, a Los Angeles construction accident lawyer can still fight for maximum benefits. Read more about how pre-existing conditions affect injury claims.

What Workers’ Comp Benefits Can You Receive?

As mentioned, these benefits usually include:

• Partial Lost Wage Replacement: Most injured victims receive about two-thirds of their AWW (average weekly wage), subject to state limits, while they are temporarily unable to work. Additional benefits may be available for permanent disabilities.
• Complete Medical Bill Payment: In most cases, this benefit begins with the first moment of emergency care and continues through the last day of physical therapy.

For a full breakdown, see what California workers’ comp pays and what injuries workers’ compensation covers.

Is California a No-Fault Workers’ Comp State?

Yes. California is a no-fault workers’ compensation state. So, these benefits are available regardless of fault for the accident. In other words, even if the worker was 100 percent responsible for the injury, full workers’ compensation benefits are still available.

Why Are Scaffolding Injury Claims Denied?

Despite the no-fault rule and substantial cause rule, workers’ compensation insurance adjusters deny or underpay many valid claims. That’s largely because many work injury victims must see company doctors. These doctors often downplay injuries and insist that these victims can work.

So, a Los Angeles construction accident lawyer must often appeal these claims. At the appeal hearing, which resembles a trial, a lawyer can introduce evidence, including independent medical evidence, challenge evidence, and make legal arguments.

Can You Get More if Your Employer Ignored Safety Rules?

Yes. If your employer’s serious and willful misconduct caused your injury, such as knowingly ignoring scaffolding safety citations, California law allows your workers’ compensation award to be increased by 50 percent. Evidence includes witness testimony and unaddressed Cal/OSHA safety violations.

Scaffolding Accident Civil Claims

Who Can File a Civil Claim?

If the victim was a non-employee, like a bystander, a civil claim is available. Learn more about non-worker construction accidents.

If the victim was an employee, you usually cannot sue your own employer. However, a civil claim may be available against third parties whose negligence contributed to the accident.

Who Can Be Held Liable for a Scaffolding Accident?

• A general contractor or another subcontractor on the job site.
• The scaffolding rental or installation company.
• The manufacturer of defective scaffolding parts, through a product liability claim.
• The property owner, through a premises liability claim.

A third-party claim runs alongside your workers’ comp claim, so you may be able to collect both.

Pros and Cons of a Scaffolding Accident Lawsuit

Scaffolding accident civil claims have significant pros and cons. On the plus side, additional compensation for noneconomic losses, such as pain and suffering and emotional distress, is available in civil claims. However, a Los Angeles construction accident lawyer must prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

Examples of negligence include failure to properly address safety matters, as mentioned above. And under California’s comparative negligence rule, you can still recover compensation even if you were partly to blame. Your award is simply reduced by your share of fault.

How Are Scaffolding Accident Claims Settled?

Most civil claims, like most workers’ compensation claims, settle out of court. So, a Los Angeles construction accident lawyer must be a good negotiator as well as a good legal advocate. Good negotiators know when to stand firm and when to compromise. This skill set helps secure fair compensation without unduly delaying the settlement process. Learn why your lawyer may recommend settling your case.

Important Deadlines for Scaffolding Accident Claims

Time is of the essence. Waiting only creates an opportunity for crucial evidence to be lost. Keep these deadlines in mind:

• Report your injury to your employer within 30 days.
• File a workers’ compensation claim within 1 year in most cases.
• File a personal injury lawsuit within 2 years of the accident in most cases.

Injured in a Scaffolding Accident? Contact a Los Angeles Construction Accident Lawyer Today

Scaffolding accidents often cause serious injuries. For a free consultation with an experienced construction accident lawyer in Los Angeles, contact the Law Offices of Eslamboly Hakim. We have recovered over $100 million for our clients (see our case results), and we do not charge upfront legal fees in these matters.

Call 1-800-529-8255 or contact us online today for a free consultation. We’re available 24/7. Hablamos Español. No Recovery. No Fees.