Scaffolding Accidents
You know that as a bridge painter you face risks and dangers on the jobsite that are far greater than many of the construction trades. Working on scaffolding, using heavy power equipment with much of the work above is a regular, dangerous part of the job. Your safety quite often depends on things beyond your control; the equipment that is provided, the job site conditions and the supervision of the other workers. And you know that no matter how careful you are, accidents can happen.
If you get hurt on the job you should be aware that you have legal rights that are far greater than most of the workers in New York State. You have this added legal protection because organized labor has fought for and won these rights in recognition of the dangerous work that you do. The purpose of this article is to tell you about these rights and what you need to do to protect them.
Like every other worker in New York State if you are hurt on the job you are entitled to Workers Compensation benefits. These benefits are important because they provide you with lost wages and medical expenses. All of your medical treatment for work related injuries will be paid by Workers Compensation regardless of whether you have other insurance coverage. This coverage goes on for however long you need treatment, which in some cases can be years.
Even though Workers Compensation is helpful it does not by any measure fully compensate someone who is seriously hurt and cannot work. While most New York workers are limited to Workers Compensation, you, as a bridge painter are entitled to collect comp benefits and bring a 3rd party lawsuit against the owner and general contractor. This means you can seek compensation for all of your damages including pain and suffering, loss of union benefits, pensions, loss of career wages, etc. This is an enormous advantage for you because it is the one means by which you will be able to make yourself and your family economically whole if you are seriously hurt.
In representing injured workers over the years I have discovered that a lot of misinformation gets floated around job sites. Injured workers are told not to file a comp claim because it will “hurt their chances of getting future jobs” or that the “boss will take care of them off the books”. They are not told that they may have a 3rd party case and don’t find out until a filing deadline has been missed. Or, the worker doesn’t file a claim because he doesn’t think he is seriously hurt only to find out months later that he has a long term problem.
If you get hurt on the job you don’t need to make an immediate decision whether or not to bring a lawsuit. What you need to do, however, is take the steps necessary to protect your rights so that you have preserved your options down the road.
Here are 7 important steps that you can take following an accident to make sure that your rights are protected:
I. REPORT THE ACCIDENT
- Do not let your superiors discourage you from filing a report.
- Accidents must be reported no matter how serious the injury so that your rights are protected
II. MAKE THE ACCIDENT REPORT BRIEF AND TO THE POINT
- Keep the accident report simple and to the point.
- If the accident occurred because of defective equipment or a dangerous condition say so. For example:
- "I fell because the ladder was not secure"
- "I fell because the scaffold didn’t have a toe board"
III. OBTAIN NAMES, ADDRESSES AND PHONE #’s OF WITNESSES
- Witnesses can be very important in helping prove your case.
- Get contact information for anyone who witnessed your accident or the condition that caused your accident. Tell the witness that he/she will be contacted privately by your attorney.
IV. GET PICTURES OF THE ACCIDENT SITE AND EQUIPMENT IN QUESTION
- Conditions on job sites change daily.
- Pictures that show the area of the accident or the condition that caused the accident can be very helpful in proving a case.
- Cell phone pictures are fine.
V. GET IMMEDIATE MEDICAL ATTENTION/EVALUATION
- Do not be reluctant to leave the job for medical attention.
- It’s important to get medical attention/evaluation as soon as possible after an accident so that the injury is documented and that you are properly evaluated.
VI. FILE A WORKERS COMPENSATION REPORT
- Workers compensation reports are different from accident reports.
- Even if you are only going to the emergency room a workers comp claim should be filed.
- The seriousness of many injuries does not become apparent until much later. By filing a claim you will not have a problem relating the later treatment to the accident.
VII. BE AWARE THAT IF YOU ARE WORKING ON A CITY OR STATE JOBSITE THERE ARE VERY SHORT FILING DEADLINES
- Some filing deadlines are as short as 90 days.
- Filing an accident report is not the same as filing a Notice of Claim against the City or State.
