New Jersey Scaffolding Accident Attorneys

Workplace safety is essential to the smooth operation of any worksite. Scaffolding accidents disrupt workplace safety and can cause serious injuries. At the Todd J. Leonard Law Firm, our experienced New Jersey workplace injury attorneys help workers navigate workers’ compensation and other legal needs after an on-the-job injury. We’re here to help you secure the benefits you deserve. 

Common Causes of Scaffolding Accidents in the Workplace

A scaffold is a temporary structure erected to allow workers to reach parts of a construction site or other project that they cannot reach from the ground. The combination of the temporary nature of scaffolding and its height raises the risks for those who use scaffolds. The Occupational Safety and Health Administration (OSHA) identifies four common hazards related to scaffold use:

• Falls from a height, often resulting from a lack of fall protection or defective fall protection.
• Collapse of the scaffold, which can result from instability, overloading, improper erection, or hidden defects.
• Being struck by falling objects, such as tools, materials, or debris that fall from the scaffold or the work area accessed by the scaffold.
• Electrocution is most likely to occur when scaffolding is erected near overhead or underground power lines, or are near a power source. 

Both supported and suspended scaffolds pose these risks to workers. Supported scaffolds are platforms supported by poles, legs, or frames. Suspended scaffolds use platforms suspended by ropes or other overhead supports. 

OSHA often treats equipment like scissor lifts and aerial lifts as a form of supported scaffold. The agency notes that lift equipment poses many of the same accident risks as other types of scaffolding. 

New Jersey law requires workplaces to provide a safe work environment that follows the requirements of state and federal law. These requirements include providing properly maintained and suitable work equipment like scaffolds. When an accident causes injuries, determining the accident’s cause is essential to ensuring the injured worker receives the necessary compensation. 

Common Injuries Sustained in Scaffolding Accidents

Falls are one of OSHA’s “Big Four” most common causes of serious workplace injuries. Falls from a height are typically more dangerous than falls from ground level. 

Common injuries that result from falls or dropped materials due to scaffolding accidents include:

• Spinal cord and nervous system injuries
• Traumatic brain injuries
• Shoulder and knee injuries
• Damage to ligaments, tendons, and other body tissues
• Whiplash, also known as neck sprain or strain
• Lacerations and puncture wounds
• Broken and fractured bones
• Organ damage, including eye injuries or internal bleeding

Multiple injuries in a scaffolding accident are common. For example, a worker who falls from scaffolding may suffer internal bleeding, broken bones, and a spinal cord injury. A worker injured by items falling from a scaffold may experience brain injuries, puncture wounds, lacerations, scarring, disfigurement, and other injuries. 

Workers’ Compensation After a Scaffolding Accident

Nearly all New Jersey employees may access workers’ compensation benefits after a workplace accident, including a scaffold-related injury. Workers’ compensation benefits cover losses like:

• Permanent Total Disability (PTD) – If the claimant is determined to be permanently totally disabled, they continue to receive 70% of their average weekly wage. 
• Medical Expenses – For doctor appointments and other reasonable treatments, such as rehabilitation.
• Temporary Disability Benefits (TDB) – Receive 70% of their average weekly wages for days missed from work. 
• Permanent Partial Disability (PPD) – Payments for a permanent impairment of bodily function, but the New Jersey EMT can still work. Benefits are granted according to the type and degree of impairment or disability.
• Death Benefits: If a workplace injury proves fatal, workers’ compensation offers death benefits to surviving dependents. 

The types of benefits available depend on the facts of each injury. For example, if your injury heals fully and you can return to your usual job, you may not need permanent benefits. 

Navigating the workers’ compensation process can be challenging. For many workers, the injury is the first time they’ve ever had to deal with workers’ compensation. Dealing with the paperwork and demands while you’re already struggling to overcome a serious injury can be tough. 

Seek medical attention as soon as possible after a workplace injury. In an emergency, have someone at the worksite call 911. For non-emergencies, ask your employer for a list of approved medical providers and visit one as soon as you can. A doctor will assess your injuries, give you a treatment plan, and create a record of your injuries and needs. 

Addressing Common Challenges in Workers’ Compensation Claims

New Jersey employers are generally required to provide workers’ compensation benefits for work-related injuries and illnesses. Various challenges can arise during this process, however.

Common challenges in New Jersey workers’ compensation claims include:

• Challenges to your employment status. Only employees are covered by workers’ compensation. Your employer may claim you are an independent contractor rather than an employee to avoid extending coverage to you. 
• Challenges to the severity of your injury or its cause. Your employer or their workers’ compensation insurer may claim your injury isn’t as severe as your doctors claim or that a pre-existing condition is the real cause of your medical needs. 
• Challenges to how the injury occurred. In some cases, an employer or workers’ compensation carrier may argue the injury didn’t occur during work-related activities – meaning that workers’ compensation shouldn’t cover your needs. 
• Challenges to how the case was carried out. If the proper notice wasn’t given within 90 days of your work injury, a workers’ compensation insurer may raise objections to the claim. 

Working with an experienced attorney can help you overcome these challenges and obtain the benefits you need and deserve. The New Jersey scaffold injury attorneys at the Todd J. Leonard law firm can help. 

Third-Party Liability in a Scaffolding Accident Claim

In New Jersey, employees typically cannot sue their employers for a workplace injury. Workers’ compensation exists to ensure employees receive needed benefits without having to file a lawsuit against their employers. 

However, an injured worker can file a lawsuit against a third party who was partly or wholly responsible for the injury. For example:

• If a defect in the scaffolding caused an accident, you may have a claim against the company that manufactured or designed the scaffold.
• If a subcontractor put the scaffold together incorrectly or operated a lift incorrectly, you may have a claim against the subcontractor.

You may have a third-party claim even if you are denied workers’ compensation benefits. Speak to a knowledgeable New Jersey scaffold accident attorney to learn more. 

Time Limits for Filing a New Jersey Workers’ Compensation Claim

New Jersey requires injured employees to file a workers’ compensation claim within two years of the date of injury. Delays can complicate your case, raise more challenges from insurers, and even jeopardize your benefits. 

To avoid delays, speak to an experienced New Jersey workers’ compensation attorney as soon as possible. Your lawyer can help ensure your case is filed within the legal time limit. 

Contact the New Jersey Scaffold Accident Attorneys at Todd J. Leonard Law Firm Today!

Recovering from a scaffold injury can be tough. You may struggle with multiple complex, serious injuries, affecting your entire body. Doctor’s appointments, surgeries, rehabilitation, and therapy become part of your daily life. You may wonder how you will support your family. You may worry that you’ll never be able to work again. Taking on one more task, like fighting for your workers’ compensation benefits, may feel impossible.

If you or a loved one sustained a work injury, or sadly a wrongful death, don’t wait to seek legal assistance. Whether it be through a workers’ comp claim and/or a third-party personal injury case, our worker’s compensation and personal injury lawyers will help you navigate the complexities of the process, so you can focus on your recovery. We have recovered over $100 million for our clients and can effectively negotiate on your behalf with even the largest insurance companies. We have successfully served thousands of clients throughout New Jersey.  To learn more about how we can help you pursue a workers’ compensation claim, give us a call today at (973) 920-7900 to request a FREE and confidential consultation. You can also connect with us through our online form. There is never a fee unless we win. We have two conveniently located offices in Denville and Morristown, New Jersey.