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The answer depends on what caused him to fall. If it was a defective harness which failed and led to the fall, then a products liability lawsuit may be filed. If the company which erected the scaffold did so negligently, there may be a negligence lawsuit against the scaffold company.
Generally, employers are protected from being sued by employees. This is known as the workers’ compensation exclusivity principle. However, there are some exceptions to this rule. For example, in Pennsylvania, an employer may be sued for egregious intentional conduct.
In any construction accident case, especially scaffold accident cases, it is crucial to have the mechanism of injury investigated and inspected as soon as possible after the accident. Doing so helps determine what caused the accident and who was responsible. In some situations, an immediate investigation may not be feasible. This does not foreclose the ability to file a lawsuit, it may, however, make it more difficult to determine the cause of the accident.
Related PA & NJ Scaffold Accident Posts:
- How do I prove that my work related scaffold accident was due to negligent construction?
- Scaffolds & Fall Protection
- Scaffold Collapse Accident Prevention – The Importance of Proper Bracing
About Pennsylvania and New Jersey Work Accident Lawyer, Jeff Laffey
Jeff Laffey is passionate about workers’ rights and accident safety. Jeff’s law firm proudly represents union and nonunion workers, such as:
- carpenters,
- plumbers,
- electricians,
- steel workers,
- iron workers, and
- laborers.
