San Diego Scaffold Accident Attorney - - San Diego Scaffold Accident Lawyer. Seriously injured workers in California and their families need to understand California work injury law. In order to illustrate these points here is a workplace scaffold accident case study. The discussion includes a California workers compensation analysis and a third party work injury liability analysis.

California Work Injury Attorney: A Case Study Analysis - - A Scaffold Accident

California Work Injury Attorney
California Work Injury Lawyer
San Diego Scaffold Injury Lawyer
San Diego Scaffold Injury Attorney

A Scaffold Injury Case Study

Seriously injured workers in California and their families need to understand California work injury law. In order to illustrate these points here is a workplace scaffold accident case study. The discussion includes a California workers compensation analysis and a third party work injury liability analysis.


A Case Study - Scaffold Collapse Accident

Dizzy Scaffold, Inc. erected scaffolding so that work could be performed on an industrial tank. The scaffolding that was erected was a two-point suspension scaffold 15 - 25 feet above the ground. Employees of Coast and Turf Painting Co. were working on the scaffold when the scaffold attachment point failed, releasing the scaffold cables. The scaffold was not equipped with an independent attachment system and fell to the ground. Causing two painters to be severely injured.

One of the painters was not tied off independently, as a result he fell to the ground below suffering severe injuries, including brain damage, hip replacement, and multiple broken bones. The painter that was tied off suffered a severe elbow injury when his arm was caught in a cable.


Investigation:

An investigation of the scaffolding revealed:

1. Dizzy Scaffold, Inc. did not use scaffold tie backs as secondary anchorage on two-point suspension scaffolds. This is in violation of 29 CFR 1926.451(i)(4) and the equivalent CAL-OSHA section.
2. There were no employee lifelines to substantial members of the structure. Instead the lifelines were to the scaffold. This is in violation of 29 CFR 1926.451(i)(8) and the equivalent CAL-OSHA section.
3. They failed to use scaffold attachment components capable of sustaining four times the maximum load. This is in violation of 29 CFR 1926.451(i) (2) and the CAL-OSHA equivalent section.


California Workers Compensation Analysis:

The Coast and Turf Painting Co. employees were entitled to benefits under the California workers compensation system. The benefits were low - California has some of the lowest workers compensation benefits in America. And the workers were in a constant battle with the California workers compensation carrier over medical treatment. The workers compensation carrier continually used the Utilization Review Procedure to cut-off the workers medical treatment. Both workers and their families were further traumatized by California's unfair workers' compensation system.

After a couple of years enduring the unfair California workers' compensation system these workers and their families were barely making ends meet.


California Work Injury Lawsuit (Third Party Work Injury) Analysis:

The employees of Coast and Turf Painting Co. had a strong liability case against Dizzy Scaffold, Inc. The scaffolding structure was erected negligently and carelessly. The accident was caused by Dizzy Scaffold, Inc.'s failure to use scaffold tie backs as a secondary anchorage. They cut-corners by not rigging employee lifelines to substantial members of the structure and in doing so caused this accident.

The painter with the brain injury recovered seven figures and the painter with the elbow injury received a high six figure recovery. Both workers were able to settle their third party work injury cases against Dizzy Scaffold, Inc. and they were able to keep their life-time medical the California Workers Compensation Insurance carrier. The only way these workers and their families survived economically was because they were able to successfully prosecute third party work injury lawsuits.


Disclaimer:

The foregoing is a case study. It is not legal advice. Any resemblance to actual events, persons or companies is purely coincidental. I am simplistic to achieve clarity. Each case is different and has separate challenges, difficulties and/or nuances. There is no guarantee that your case will have a similar result as discussed in this case study.


Discuss your case with a Scaffold Injury Attorney

The Turley Law Firm understands that you have questions about your rights and safety, and are probably concerned what might happen to you if you were injured in a Scaffold accident in California. We are committed to fighting to get you the justice you deserve, and maybe help you regain your peace of mind in the process. Contact The Turley Law Firm today to discuss your case with a California Scaffold Accident Lawyer or a Construction Accident Lawyer in California.



The Turley Law Firm has a “State-wide” practice and accepts cases in the following California counties: Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humboldt County, Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Plumas County, Riverside County, Sacramento County, San Benito County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, Sierra County, Siskiyou County, Solano County, Sonoma County, Stanislaus County, Sutter County, Tehama County, Trinity County, Tulare County, Tuolumne County, Ventura County, Yolo County, Yuba County.  The Turley Law Firm accepts cases in the following California cities:  Los Angeles, San Diego, San Jose, San Francisco, Fresno, Long Beach, Sacramento, Oakland, Santa Ana, Anaheim, Bakersfield, Riverside, Stockton, Chula Vista, Fremont, Irvine, Modesto, Glendale, San Bernardino, Huntington Beach, Oxnard, Fontana, Moreno Valley, Oceanside, Rancho Cucamonga, Santa Clarita, Garden Grove, Ontario, Pomona, Santa Rosa, Salinas, Palmdale, Hayward, Pasadena, Torrance, Corona, Lancaster, Escondido, Orange, Elk Grove, Sunnyvale, Fullerton, Thousand Oaks, El Monte, Simi Valley, Concord, Visalia, Vallejo, Inglewood, and  Santa Clara.

 

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