Fatal Fall: Pursuing a Wrongful Death Claim After a Preventable Scaffolding Accident

The construction industry, while vital to our infrastructure, carries inherent risks. Among these, scaffolding accidents stand out as particularly dangerous, often leading to severe injuries or, tragically, fatalities. According to the United States Bureau of Labor Statistics (BLS), scaffold-related accidents result in roughly 60 deaths and 4,500 injuries every year. When a fatal fall occurs due to negligence, the surviving family members have the right to pursue a wrongful death claim.

Understanding the Scope of the Problem

Scaffolding provides temporary support for workers at elevated heights during construction, maintenance, and repair projects. While scaffolds are generally safer than ladders, providing a more stable and solid platform, the rise in construction activities and the use of scaffolding has led to a higher number of scaffolding accidents. According to OSHA data, scaffolding accidents at job sites or construction sites account for approximately 80 deaths annually and over 10,000 injuries a year!

Falls from scaffolds account for roughly 25% of fatal falls from all working surfaces. A recent BLS study revealed that 72% of scaffold accidents can be attributed to:

Scaffold support or planking giving way due to defective equipment or improper assembly.
Slipping or tripping while on a scaffold due to factors such as slippery surfaces or lack of guardrails.
Falling objects hitting either a worker on a scaffold or those below.

The remaining 28% of scaffold accidents can be caused by:

Electrocution as a result of scaffolds and equipment being too close to power or utility lines.
Environmental conditions, such as wind, rain, and the presence of hazardous substances.
Inadequate fall protection.
Collapse of scaffold due to overloading.

Common Causes of Fatal Scaffolding Accidents

Many factors can contribute to deadly scaffolding accidents. Identifying these causes is the first step in preventing future tragedies and building a strong legal case for a wrongful death claim. Some of the most common causes include:

Falls from Heights: This is the most prevalent cause of scaffolding-related fatalities. It often occurs when scaffolding is improperly secured or unstable, or when workers lack adequate fall protection like guardrails or harnesses.
Scaffolding Collapses: Incorrect assembly, overloading, or inadequate securing can lead to catastrophic collapses.
Falling Objects: Tools, equipment, and construction materials that are not properly secured can strike workers below, causing fatal head injuries or internal trauma.
Electrocution: Scaffolding that comes into contact with power lines can cause electrocution, especially if safety precautions are ignored.
Structural Failures: Poorly maintained scaffolding, corroded support beams, or defective components can weaken the structure, leading to sudden collapses.
Negligent Manufacturing: Substandard equipment with flaws can compromise worker safety. Inferior materials or subpar workmanship can lead to structural failure, collapse, or unexpected malfunctions.
Unsafe Scaffold Design: Scaffolds may lack essential safety features or be inadequately engineered for the intended loads and environmental conditions.
Lack of Overhead Protection: The absence of overhead protection exposes workers on scaffolds to falling objects.
Lack of Guardrails: When scaffolds lack appropriate guardrails or are improperly installed, workers are at greater risk of accidental falls.
Insufficient Bracing/Anchorage: Insufficient bracing or anchorage to prevent the movement of scaffolds.
Scaffolding Erected by Incompetent Professionals: Scaffolding erected by incompetent professionals can lead to instability and increased risk of accidents.

Establishing Liability in a Wrongful Death Claim

In the aftermath of a fatal scaffolding accident, determining who is liable is crucial for pursuing a wrongful death claim. Several parties may be held responsible, depending on the circumstances:

Employers: Employers have a legal duty to ensure a safe working environment, including proper scaffolding installation, maintenance, and inspections.
Contractors and Subcontractors: Those responsible for the construction project may also be liable if they were negligent in supervising, planning, or executing the project, leading to unsafe scaffolding.
Scaffolding Companies: Companies providing or erecting scaffolding must ensure its safety and compliance with regulations.
Manufacturers: If the accident was caused by defective equipment, the scaffold manufacturer may be liable.
Site Owners: The owner of the construction site may bear some responsibility if they were aware of hazards or failed to address safety concerns.
Negligent Employees: A negligent employee’s actions or failure to give proper warning before a dangerous action before a scaffolding accident leaves them responsible for any subsequent injury.

To establish liability, your attorney must demonstrate negligence on the part of the responsible party. Negligence generally consists of:

Duty: The responsible party owed a duty of care to the deceased.
Breach: The responsible party breached that duty of care by acting inappropriately.
Causation: The breach of duty caused the fatal accident.
Damages: The surviving family suffered damages as a result of the death.

Who Can File a Wrongful Death Lawsuit?

When a worker loses their life in a scaffolding accident, surviving family members may be able to file a wrongful death lawsuit. In most cases, the following individuals may be eligible to seek compensation:

Spouses: A surviving husband or wife may file a claim for the financial and emotional loss caused by their spouse’s death.
Children: Dependent children can pursue compensation for the loss of parental support, care, and financial security.
Parents: If the deceased worker had no spouse or children, surviving parents may be eligible to file a claim.
Estate Representatives: In some cases, the worker’s estate may bring a wrongful death claim on behalf of surviving beneficiaries.

Damages Recoverable in a Wrongful Death Claim

A wrongful death claim can provide financial compensation for family members, which can be crucial in allowing loved ones to survive. Economic damages are those which have a specific financial amount attached, including:

Medical expenses incurred before the death of the individual.
Funeral and burial expenses.
Lost income that the decedent would have earned, including benefits like health insurance and contributions to retirement.
Loss of household services like home maintenance.
Loss of support and consortium.
Loss of inheritance.

Punitive damages can also be awarded if the death was the result of especially egregious negligence or malicious or intentional misconduct. While compensatory damages are meant to make up for the losses experienced by loved ones, punitive damages are meant to punish while also deterring similar conduct in the future. Punitive damages may apply when willful disregard for worker safety or safety rules is part of the equation.

The Importance of OSHA Regulations

The Occupational Safety and Health Administration (OSHA) sets and enforces standards to ensure safe and healthful working conditions. OSHA has established extensive and detailed safety rules regarding the assembly and use of scaffolds and the training and precautions workers need to take.

OSHA scaffold requirements are intended to ensure that scaffold platforms are safe and to prevent accidents like accidental falls and scaffold overload. OSHA scaffold requirements include:

Scaffold planking must be able to support its own weight and at least four times the intended load.
Scaffold platforms and walkways must be at least 18 inches wide.
Scaffolding must not be scattered with debris when scaffolding is in use.
Guardrails and/or personal fall arrest systems must be used on scaffolds.
Guardrails are required on scaffolding more than 10 feet above the lower level.

Failure to comply with OSHA standards will leave your employer or the establishment liable for your injuries and able to be sued through a personal injury claim.

Statute of Limitations

It’s crucial to be aware of the statute of limitations for filing a wrongful death claim, which varies by state. This is the legal time limit within which a family must file a lawsuit after a loved one’s death due to negligence. Missing this deadline can result in losing the right to compensation.

The statute of limitations for wrongful death cases in Texas is two years. That means you would have to file a wrongful death claim within two years, and if you don’t, you can lose the chance to file a case forever. Keep in mind that the two years for filing a wrongful death claim in Texas begins as of the date of: The accident or incident that caused the death; The death itself, if the victim survived the injuries for some period of time after the injury-causing event.

While the three-year limit is the general rule, there are exceptions. For instance, if the deceased person had a valid personal injury claim at the time of death, the statute of limitations for that claim might apply instead. This could potentially extend the filing deadline.

Seeking Legal Assistance

If you have lost a loved one in a preventable scaffolding accident, it is essential to seek legal guidance from an experienced wrongful death attorney. A knowledgeable attorney can:

Investigate the accident to determine the cause and identify all liable parties.
Gather evidence to build a strong case, including accident reports, witness statements, and OSHA inspection results.
Navigate the complex legal process and ensure all deadlines are met.
Negotiate with insurance companies to reach a fair settlement.
Represent you in court if a settlement cannot be reached.

A wrongful death lawsuit can help surviving family members recover damages and prevent similar tragedies from happening in the future.