A Lawyer's Guide for Scaffolding Accidents in North Carolina
Raleigh Construction Injury Lawyer Explains Scaffolding Accident Laws and Claims in North Carolina:
Scaffolding collapse accidents can be devastating, leading to serious injuries and even fatalities. In North Carolina, as in other states, there are laws in place to hold those responsible for such accidents accountable and to provide compensation for victims and their families.
Who Is Liable for a Scaffolding Accident in North Carolina?
Liability in scaffolding collapse accidents can depend on a number of factors, including the cause of the collapse and the parties involved. In general, however, those who are responsible for maintaining and inspecting the scaffolding, as well as those who use it, may be held liable if an accident occurs.
Scaffolding Manufacturer or Distributor
One potential source of liability in a scaffolding collapse is the scaffolding itself. If the scaffolding was poorly designed, constructed, or maintained, it may be defective and the manufacturer or distributor could be held liable. Similarly, if the scaffolding was rented or leased, the company that provided it could be held liable if it was not in proper working order.
Company that Maintained and/or Inspected the Scaffolding
Another potential source of liability is the company or individual responsible for maintaining and inspecting the scaffolding. This could include the general contractor on a construction project, as well as any subcontractors or engineers involved in the project. These parties have a duty to ensure that the scaffolding is safe and in good repair, and they may be held liable if they fail to meet this duty and an accident occurs as a result.
Construction Company Who Trained Employees or Managed Jobsite
In addition to the parties involved in the construction and maintenance of the scaffolding, those who use the scaffolding may also be held liable for a collapse. For example, if a worker on the scaffolding was not properly trained or was using the scaffolding in a way that was not intended, they could be found partially or fully responsible for an accident.
Can a Building Owner Be Liable for a Scaffolding Accident in North Carolina?
There are also certain circumstances under which the property owner may be held liable for a scaffolding collapse. For example, if the property owner knew or should have known that the scaffolding was unsafe and did not take steps to fix the problem or to prevent workers from using it, they could be held liable.
Basic Laws for Scaffolding Collapse Cases in North Carolina
In North Carolina, there are several laws that may be relevant in a scaffolding collapse case. Those include:
North Carolina Workers’ Compensation Act
For example, the North Carolina Workers' Compensation Act requires employers to provide workers' compensation benefits to employees who are injured on the job. This can include coverage for medical expenses and lost wages.
North Carolina Tort Claims Act
In addition, the North Carolina Tort Claims Act allows individuals to bring claims against the state or a local government agency for injuries or damages that were caused by the negligence of a government employee. This could be relevant if the scaffolding collapse occurred on a government-owned property or was caused by a government employee.
Occupational Safety and Health Act (OSHA)
There are also various other state and federal laws that may apply in a scaffolding collapse case, depending on the specific circumstances. For example, the Occupational Safety and Health Act (OSHA) sets standards for workplace safety and requires employers to provide a safe and healthful workplace. If an employer fails to meet these standards and an accident occurs, they may be held liable under OSHA.
What Should You Do After a Scaffolding Accident in North Carolina?
If you’re injured in a scaffolding accident, your first step is to begin the medical care and treatment necessary for your recovery. Your second step is to contact an experienced construction accident injury lawyer to begin an investigation on your behalf. Unfortunately, construction sites are constantly changing, and the accident that injured you may only slow or stop the construction process for a brief amount of time. It is important to get a legal representative onto the construction site as soon as possible to document the conditions and preserve evidence before it is destroyed (whether intentionally or negligently).
Schedule a Free Case Evaluation With Our Raleigh Scaffolding Accident Lawyers.
It is important to note that each case is different, and the specific laws and regulations that apply will depend on the circumstances of the accident. If you have been involved in a scaffolding collapse in North Carolina, it is important to speak with an experienced personal injury lawyer in Raleigh, NC who can help you understand your legal options and pursue the compensation you deserve.
