Springfield Lawyers for Scissor Lift Accidents
Scissor lifts are a great asset to construction and other types of work that involve heights, which is common. These heavy machines boost workers and/or machinery into the air and are intended to do so safely. When scissor lifts are involved in accidents caused by negligent operators, negligent companies, faulty maintenance, or anything else, the results are often devastating. If you've been injured in a scissor lift accident, don't delay consulting with an experienced Missouri workers' compensation attorney.
Scissor Lift Overview
Scissor lifts come in many forms that are intended to perform a wide variety of functions, including:
- Heavy truck lifts
- Boat lifts
- Motorcycle lifts
- Mid-rise lifts
- Full-rise lifts
- Portable stacker lifts
- Hydraulic freight lifts
- Sidewalk lifts
Scissor lifts are typically used for heavy-duty work, which makes any ensuing accidents that much more dangerous.
Scissor Lift Statistics
A 2012 report by the Centers for Disease Control and Prevention's National Institute for Occupational Safety and Health shares several grim determinations related to scissor lift accidents, including:
- The dangerous fall-hazards associated with scissor lifts are well recognized in the scaffolding industry.
- The adoption of scissor lifts in construction work, telecommunications, and other relevant industries has led to an increased risk of serious injury and death in these industries.
- More than 70 percent of scissor lift fatalities occur in the construction industry
- The overall height of the extended scissor lift plays a critical role in the seriousness of any resulting accidents.
In other words, scissor lift accidents happen, and they tend to be exceedingly dangerous.
Common Causes of Scissor Lift Accidents
Scissor lifts represent heavy, dangerous equipment that requires all of the following conditions to operate at peak safety:
- An operator who has the requisite training and experience
- A worksite that is safe and well lit
- A well-maintained lift
- A safely designed and well-constructed lift
If any one of these is missing, a dangerous scissor lift accident becomes that much more likely. Negligence in such an accident can lie with the employing company, the scissor lift operator, the scissor lift manufacturer, and more.
Workers' Compensation and Third-Party Claims
If you are injured in a scissor lift accident in the course of your work, workers' compensation covers you regardless of whether you or your employer is at fault. Workers' compensation, however, will only cover you for a percentage of your lost wages and for your medical expenses. If a third-party is at fault or shares fault in your accident, on the other hand, you can pursue compensation for your full range of damages via a personal injury case. Such entities can include the manufacturer, a mechanic, a subcontractor, the owner of the construction site, and more depending upon the circumstances at hand.
Discuss Your Claim with an Experienced Missouri Workers' Compensation Attorney Today
If you've been injured in a scissor lift accident, the dedicated Missouri workers' compensation attorneys at The Law Firm of Webster & Carlton are committed to zealously advocating for your rights and for your rightful compensation. With offices in both Springfield and Joplin, our legal team is on your side.
Why Do I Need a Missouri Workers’ Compensation Attorney?A workers’ compensation claim can take several months, even years, to resolve, especially if you continue to suffer from the effects of your work-related injury. Your employer and its insurance company will be represented by highly skilled attorneys who know how to exploit an injured employee. You need to level the playing field by hiring a Missouri workers’ compensation lawyer who will fight on your behalf.
What Happens If My Employer Denies Me Workers’ Compensation Benefits?In many cases, your employer or their insurance company will promptly pay any workers’ compensation benefits. But if they deny benefits–or stop paying them before you receive what you believe you are entitled to under the law–then you have the right to file a claim with the Missouri Division of Workers’ Compensation. An administrative law judge appointed by the Division will review your claim and either conduct mediation between you and your employer, or alternatively hold a formal hearing to determine your right to compensation.
What Kinds of Injuries Are Covered?
Under Missouri law, workers’ compensation only covers injuries that arise “out of and in the course of employment.” This includes accidents that occur during your work shift. It also includes “occupational diseases” contracted at work, provided workplace exposure was the “prevailing” cause.
Workers’ compensation is not necessarily limited to injuries suffered at your normal workplace. If your job requires you to travel–i.e., make deliveries or conduct on-site work with clients–you may be compensated for injuries sustained in the course of such travel. However, Missouri workers’ compensation law specifically excludes injuries sustained while commuting from home to work and back, even if you use a company-owned car.
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