A scaffolding collapse is one of the most frightening accidents that can occur on a construction site. It often results in severe injuries or even fatalities. In such situations, the steps an injured worker takes afterward can significantly affect their recovery, legal rights, and ability to receive compensation. While immediate medical attention is critical, workers must also be mindful of protecting their legal interests. If you or someone you know has been hurt in a scaffolding collapse, speaking with a trusted Portland construction accident lawyer is one of the first things you should consider.
Understand Your Rights as a Worker
Injured construction workers in Oregon are generally covered under the state’s workers’ compensation system. This coverage includes medical care, partial wage replacement, and compensation for long-term disabilities. However, there are limits to what workers’ compensation can provide. For example, it typically does not cover pain and suffering, nor does it allow you to sue your employer in most cases.
That said, third-party liability claims may be an option. Suppose a scaffolding collapse was caused by a defective product, unsafe property conditions, or negligence from someone other than your employer (such as a subcontractor or equipment manufacturer). In that case, you may have grounds for a separate personal injury claim. An experienced legal professional can evaluate these possibilities to ensure no opportunity for fair compensation is overlooked.
Preserve Evidence Related to the Incident
Even while focusing on recovery, it’s important for injured workers to make sure that evidence from the scene is preserved. This can include photos of the collapsed scaffold, witness statements, safety inspection reports, and any correspondence from supervisors or site managers. If you’re unable to gather this information yourself due to your injuries, a trusted coworker or attorney can help ensure this vital documentation is secured.
Maintaining records of your injuries and treatment is equally important. Keep copies of all medical evaluations, test results, prescriptions, and follow-up appointments. These documents not only prove the extent of your injuries but also support your compensation claim.
Avoid Signing Anything Without Legal Advice
After a workplace accident, it’s not uncommon for employers or insurance companies to ask injured workers to sign statements or settlement agreements quickly. These documents might include waivers that limit your ability to pursue further legal action or recover the full amount you’re entitled to.
You should never sign anything without first consulting an attorney. Legal guidance ensures that your rights are protected and that you don’t inadvertently accept less than what your case is worth. In many cases, a Portland construction accident lawyer can negotiate on your behalf, allowing you to focus on healing while your legal team handles the paperwork and discussions.
Know When to Return to Work
Returning to work too soon after a scaffolding accident can not only delay healing but also compromise your compensation claim. Always follow your doctor’s recommendations and be cautious of any pressure to resume duties before you’re physically and mentally ready.
In some cases, employers may offer light-duty work or modified tasks to accommodate employees with disabilities. While this can be a step toward recovery, any changes to your work responsibilities must be approved by your physician. Your attorney can also provide input on how returning to work could impact your workers’ compensation benefits or any ongoing legal claims.
Legal Representation Can Strengthen Your Claim
Navigating the aftermath of a scaffolding collapse is a challenging task. There are complex legal procedures, strict filing deadlines, and high financial stakes involved. The assistance of a construction accident lawyer is invaluable in these scenarios. Legal professionals assist injured workers in building a strong case, gathering necessary evidence, and representing them in negotiations or court proceedings as needed.
Many lawyers work on a contingency basis, meaning they only get paid if you receive compensation. This allows injured workers to access high-quality legal representation without upfront costs.
Conclusion
Scaffolding accidents can leave lasting physical, emotional, and financial scars. Beyond receiving medical care, injured workers must also protect their legal rights and financial future. Preserving evidence, avoiding rushed decisions, and consulting with an experienced Portland construction accident lawyer can make a significant difference in your recovery journey.
