When a worker is injured in New Jersey, it is natural to think about the workers' compensation system. The truth of the matter is there are some cases that may involve third parties where workers' compensation benefits do not apply. A scaffolding accident that occurred in Louisiana on October 8, 2010 highlights the third party distinction.

The family of a construction worker who died in a scaffolding accident filed a wrongful death lawsuit against the separate scaffolding company that erected the scaffolding at the construction site where the accident occurred. The worker reportedly fell 42 feet to his death while he was attempting to scale the scaffolding.

The worker who died was the employee of a company doing work on a church in Louisiana. A separate scaffolding company was brought in to erect the scaffolding. The deceased worker's two sons are suing the scaffolding company for negligence in federal court.

The two young men claim in their wrongful death lawsuit the company constructed the scaffolding in an unsafe manner, failed to properly inspect the scaffolding and failed to provide the deceased worker with safety lines.

Falls from height at construction sites, including in scaffolding accidents, can leave workers with debilitating injuries. The United States Department of Labor (DOL) recognizes falls as one of the leading causes of traumatic occupational fatalities. The DOL says in recent years fatalities in the construction industry are generally lower than in years past. Last year, fatal falls were significantly lower than their peak, which occurred in 2007.

Fatal accidents still occur too frequently in the workplace. The DOL estimates in its preliminary analysis that an overall total of 4, 547 fatal work injuries were recorded across the country in 2010.

New Jersey workers who are injured on the job and the families of workers killed in construction accidents can speak with an experienced Jersey City workers' compensation and personal injury attorney about their specific situation.

Source: Louisiana Record, "Wrongful death lawsuit filed after worker files from scaffolding," Michelle Keahey, Sept. 6, 2011