Using scaffolding to erect, demolish, repair, or otherwise alter a building can be incredibly dangerous when the appropriate safety precautions aren’t taken. If you’ve been harmed in a scaffolding accident that could have been prevented by your employer or site manager, you deserve to hold the guilty party liable for your injuries and losses.
That said, pursuing compensation may be difficult for you, especially if you’re trying to recover from a painful construction accident injury. Fortunately, a Newark scaffold accident lawyer from Morelli Law can take on your case, build a sound strategy, and fight for the damages you need to recuperate from the incident.
Filing a Workers’ Compensation Claim After a Scaffolding Accident
One of the most common paths to compensation after a scaffold accident is filing a workers’ comp claim. To protect your right to workers’ comp benefits, you’ll want to report your accident to your employer no later than 90 days after the incident.
The longer you wait to notify your employer about the accident and your injury, the less likely their insurance provider will take your claim seriously. To make sure all time requirements are met and that your claim is filed correctly, you’ll want to work with a Newark scaffold accident attorney.
Dealing With Your Employer’s Insurance Company
The last thing you want to do after a serious scaffold accident is deal with dishonest and stubborn insurance adjusters. Luckily, our team can represent you in negotiations with your employer’s provider.
Our scaffold accident lawyers in Newark, NJ, can review the insurer’s offer, determine if it’s sufficient, and, if it’s not robust enough to cover your losses, demand that it be raised. In the event that the insurance company rejects your claim, our attorneys can file an appeal and take the actions necessary to recover a fair payment.
Our team will be happy to take care of all communication and negotiations with the insurer. That said, there is one thing you can do to help satisfy your employer’s insurance company. To ensure that the insurer offers fair compensation for your medical bills, you’ll want to only seek medical attention from providers that are approved by the insurance company.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Filing a Personal Injury Lawsuit After a Scaffold Incident
In some cases, it may be appropriate to file a personal injury lawsuit alongside or in place of a workers’ comp claim. For example, our scaffold accident attorneys in Newark, NJ, may advise you to file a suit if the insurer rejects your claim or your employer’s policy doesn’t cover all your losses.
Suing a Third Party
Your attorney may help you pursue a lawsuit in addition to a claim if the party who’s responsible for the scaffold incident isn’t your employer. Depending on the details of your accident, you may file a suit against any of the following third parties:
- A contractor
- A site manager
- A property owner
An attorney from our team can investigate your accident to determine if a third party should be held liable and whether or not you’re eligible to pursue a lawsuit alongside your workers’ comp claim.
Filing a Suit Against Your Employer
Depending on the specifics of your case, it may be appropriate to file a civil suit against your employer. For instance, you may be able to hold your employer liable for damages if they intentionally caused your accident or if they don’t carry the workers’ comp insurance that employers in New Jersey are required to have.
How a Scaffolding Injury Lawyer Can Help You
If you’ve never pursued a workplace accident claim or lawsuit before, you’re probably unaware of the immense amount of time and effort that goes into a case. To give you the time you need to focus on getting medical treatment and resting, a scaffold accident attorney in Newark, NJ, can take care of the following aspects of your case:
According to OSHA’s guide for scaffolding use, all work sites that use scaffolding must have the following:
- Fall protection systems
- Proper guardrails
- Proper crossbracing
- Proper Footings
- Sufficiently trained workers
- “Competent” individuals who can look out for safety issues
- And more
If our team finds evidence that your site manager or contractor violated OSHA standards, we’ll use it to strengthen your case against them. Your attorney can use video footage of the incident, witness testimony, and other forms of evidence to build a strong case against the guilty party.
Determining how much you’re owed is one of the most critical parts of a claim. Knowing how much your claim is worth will help your lawyer obtain a settlement that covers all of your economic losses and helps you deal with the challenges your injuries have caused.
Depending on how the scaffold accident has affected your life, a Newark attorney may request any of the following damages:
- Medical bills
- Ambulance expenses
- Rehabilitative therapy costs
- Lost wages
- Disability benefits
- Future monetary losses caused by lasting injuries
- Pain and suffering
- Loss of enjoyment of life
- Death benefits, if your loved one has passed away in a scaffold accident
Once your attorney has determined which damages you’re owed and calculated how much your claim is worth, they’ll fight for the payment you need to get back on your feet. Whether they represent you during negotiations or a jury trial, they’ll demand that the relevant party offer the compensation you deserve.
Meeting Filing Deadlines
According to N.J. Stat. §2A:14-2, scaffold accident lawsuits must be filed no later than two years after the date of the initial incident. Missing your filing deadline could result in your case getting thrown out, barring you from receiving the damages you need to pay your bills and cope with the setbacks you’ve been burdened with.
Fortunately, a scaffolding attorney from our team in Newark can make sure your suit is filed before the two-year mark.
That said, they’ll only be able to abide by the statute of limitations if you give them the time they need to do so. If you wait too long to hire a lawyer, they might not be able to get all the necessary documents submitted in time. Contacting an attorney as soon as possible will help you protect your right to a fair jury award.
Contact a Newark Scaffold Accident Attorney Today
Even a minor scaffold accident injury can leave you with expensive medical bills, lost wages, and chronic pain. Whether you’ve suffered a severe condition or a slight injury, you have the right to join forces with an experienced attorney and explore your legal options.
At Morelli Law, our team is committed to getting the highest amount of compensation possible for your injuries. Whether filing a workers’ comp claim, a lawsuit, or both is the best option for you, we’ll tailor a strategy to your unique situation and work tirelessly to recover a fair payment. Contact us today to schedule a free case evaluation and find out if we can help you.