Introduction
Creating a medical record review business for attorneys across the country calls for an appreciation of the legal hurdles associated with properly determining liability for aerial lift incidents, as such incidents are the most severe. It is detailed how injury may be sustained by different types of lifts, the consequences that follow such injuries, and the ways in which we can aid attorneys who wish to pursue such aerial lift injury cases.
Overview of Aerial Lift Accidents
Common Types of Aerial Lift
Boom Lifts: Designed to reach high areas, these lifts have their fair share of perils.
Scissor Lifts: Used frequently in attending to buildings, they require proper anchoring or else they may collapse.
Cherry Pickers: Mostly utilized for trees’ maintenances and trims, these machines are not without distinctive dangers.
Statistics on Aerial Lift Accidents
Current Data (2024): As estimated by The Occupational Safety and Health Administration (OSHA), construction worker fatalities resulting from aerial lift incidents constitutes 25% of the total figure.
Even more shocking, the Bureau of Labor Statistics announces the figure of 1,000 to be the typical number of injuries that stem from aerial lift accidents every single year.
Who Is Liable for Aerial Lift Accidents?
Employer Liability
Workers’ Compensation: An employer could sue in case of accidents, but with comp insurance, the case is closed. Although in states like Texas where employers can choose not to pay comp insurance, they would be liable for negligence cases.
Negligence Examples:
Not supplying sufficient employee training.
Implementing deficient safety measures.
Improperly maintaining machinery.
Contractor and Subcontractor Liability
Responsibility for Safety: Although lifts are operated by workers, contractors and subcontractors are significantly liable for safe use of aerial lifts.
Negligence Examples:
Work done by unqualified operators is always a problem.
Improper use of the machines by inadequately trained personnel.
Inadequate securing of the lifts.
Manufacturer Liability
Defective Equipment: A720g malfunctioning as a result of design defect or any manufacturing flaw, the likely liable is a manufacturer.
Common Defects:
Control failures.
Hydraulic system breakdowns.
Safety features incompetence.
Safety Equipment Provider Liability
Importance of Safety Gear: If safety equipment fails, liability may fall on the manufacturer or distributor of that equipment.
Examples of Equipment Failure:
Defective harnesses.
Malfunctioning fall arrest systems.
Other Potentially Liable Parties
Project Managers: Responsible for missing obligations to implement safety procedures.
Property Owners: Ensure security and danger free working conditions.
Inspectors: May be obligated but have not pinpointed many dangers mentioned above.
Proving Liability in Aerial Lift Accidents
Evidence Collection
Witness Accounts: Collecting remarks from individuals who saw the accident.
Record Keeping: Includes accident records, inspection activities, and personnel qualifications.
Conservation of The Aerial Lift: Keeping the aerial lift and the safety gear used during the incident for examination.
Expert Consultation
Engineering Professionals: Required for determining the potential causes of failure of the equipment.
Safety Professional: Has information regarding compliance with safety requirements.
Common Injuries in Aerial Lift Accidents
Types of Injuries
Severe TBIs: Most common severe head injuries resulting from hitting ground after a fall or being hit by heavy objects.
Injuries Of The Spine: May cause complete immobilization and permanent disability.
Cuts, Fractures, And Scrapes: Sustained as a result of falling or misusing machinery.
Death through Electric Shock: Can result if there is contact with lift and overheard power supply lines.
Long-Term Implications
Rehabilitation Needs: Many injuries require extensive medical treatment and rehabilitation.
Impact on Employment: Injuries can lead to lost wages and diminished earning capacity.
What to Do After an Aerial Lift Accident
Immediate Steps
Medical Help: Health should always come first, no matter how mundane the injuries appear.
Inform About the Accident: Inform your superior about the accident and fill in the paperwork.
Evidence Gathering: Video recording and witness information should be collected.
Evidence Retention: The equipment related to the accident should not be touched.
Legal Considerations
Contact a Lawyer: An experienced attorney can help navigate the complexities of liability and compensation.
Case Studies
Case Study 1: Boom Lift Accident
Overview: A construction worker fell from a boom lift when the safety harness malfunctioned securely strap the employee in place.
Challenges: Identifying if the harness was faulty or if it was a case of poor maintenance.
Solutions: Medical records indicated surgery was needed for the extensive injury. The manufacturer was held responsible for the defective harness.
Compensation: The claimant received compensation for medical treatment and income that the employee was not able to generate as a result of the injury.
Case Study 2: Scissor Lift Tip-Over
Overview: During the operation of the lift, the unit fell over because it was set upon uneven surfaces leading to injuries for the operator.
Challenges: Determine where the operator had adequate training, and where the site was appropriately examined.
Solutions: Medical records revealed significant injuries, including bone breaks and damage to muscles and soft tissue. Contractor site safety expert testimony to the defect proved negligence on site.
Compensation: The plaintiff received compensation from medical and rehabilitation assistance along with damages after their ordeal.
Conclusion
Accidents involving aerial lift equipment are often very dangerous and complicated. Identifying who could potentially be liable and what action to take post-accident is important for lawyers representing clients with injuries. Lawyers can obtain and scrutinize relevant records through our medical records review services, enabling them to establish solid claims and push for adequate compensations.
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