Construction Accident Compensation Claims: Maximizing Your Recovery After a Scaffolding Injury

Construction Accident Compensation Claims: Maximizing Your Recovery After a Scaffolding Injury

Each year, construction sites witness numerous accidents, and scaffolding incidents contribute significantly to these unfortunate events. According to the Bureau of Labor Statistics, approximately 65% of construction workers use scaffolding on the job, leading to roughly 4,500 injuries and 60 fatalities annually. If you’ve been injured in a scaffolding accident, understanding your rights and how to maximize your potential compensation is crucial. This guide provides a comprehensive overview of construction accident compensation claims, focusing specifically on scaffolding injuries.

Understanding the Risks of Scaffolding Accidents

Scaffolding, while essential for many construction tasks, presents inherent dangers. A recent study by the U.S. Bureau of Labor Studies revealed that 72% of workers injured in scaffolding accidents attributed the cause to planking or support failure or being struck by a falling object. Some of the common causes of scaffolding accidents include:

  • Improper Erection: Scaffolds that are not correctly assembled, with loose planking, faulty guardrails, or worn connections, are prone to failure.
  • Lack of Fall Protection: Absence of guardrails, safety harnesses, or personal fall arrest systems significantly increases the risk of falls. OSHA mandates guardrails on all open sides of scaffolds above 10 feet.
  • Falling Objects: Tools, equipment, or debris falling from scaffolds can cause severe injuries to workers below.
  • Overloading: Exceeding the scaffold’s weight capacity compromises its structural integrity, leading to collapses. OSHA requires scaffolds to support at least four times their maximum intended load.
  • Electrical Hazards: Contact with power lines can result in electrocution, especially with metal scaffolding.
  • Unstable Surfaces: Scaffolds placed on uneven or unstable ground are at a higher risk of collapse.
  • Adverse Weather Conditions: High winds, rain, or ice can compromise scaffold stability.

Common Injuries Resulting from Scaffolding Accidents

Scaffolding accidents can lead to a wide range of injuries, from minor to fatal. Some of the most common include:

  • Fractures: Falls often result in broken bones, particularly in the legs, arms, spine, and ribs.
  • Traumatic Brain Injuries (TBI): Head trauma from falls can cause concussions, contusions, and other severe brain injuries.
  • Spinal Cord Injuries: These can lead to paralysis, loss of sensation, and other neurological problems.
  • Internal Organ Damage: Impact from falls can cause internal bleeding and damage to organs.
  • Sprains and Strains: Overexertion or sudden movements can lead to muscle pulls and back injuries.
  • Lacerations: Cuts and abrasions from falls or contact with sharp objects on the scaffold.
  • Electrocution: Contact with power lines can cause severe burns, cardiac arrest, and death.

Seeking Compensation After a Scaffolding Injury

If you’ve been injured in a scaffolding accident, you have several avenues for seeking compensation:

  1. Workers’ Compensation:

    • Workers’ compensation is a no-fault system designed to provide benefits to employees injured on the job, regardless of who was at fault.
    • It covers medical expenses, lost wages, and disability benefits.
    • In many states, including New York, if your employer subscribes to workers’ compensation coverage, you cannot file a lawsuit against them. Instead, you must seek compensation through the workers’ compensation claim system.
    • However, workers’ compensation benefits may be limited and may not cover all your losses, such as pain and suffering.

    • Personal Injury Lawsuit (Third-Party Claim):

    • If your injury was caused by the negligence of a party other than your employer, you may be able to file a personal injury lawsuit against that third party.

    • Potentially liable third parties include general contractors, subcontractors, property owners, equipment manufacturers, or rental companies.
    • To win a personal injury claim, your attorney has to show how negligence from the third party was the direct cause of your injury.
    • Successful claims can result in financial compensation for medical costs, lost wages, and pain and suffering

    • New York Labor Law:

    • New York has specific laws, such as Labor Law Section 240 (the “Scaffold Law”), that provide additional protection for construction workers.

    • This law holds contractors, owners, and other responsible parties accountable for scaffolding-related injuries and fatalities if safety violations contributed to the accident.
    • Victims pursuing claims under the scaffold law must prove that safety regulations were breached and that this breach directly caused the accident.

Maximizing Your Recovery: Key Steps to Take

  1. Seek Immediate Medical Attention:

    • Your health is the top priority. Get prompt medical treatment for your injuries.
    • Ensure the physician properly records the relationship between the injury and the employee’s workplace.

    • Report the Accident:

    • Notify your employer of the accident as soon as possible.

    • Workers are often required to provide written notification of the accident to their employer within 30 days.

    • Document Everything:

    • Write down a summary of the events leading to the accident.

    • Take pictures of the accident scene, including the scaffolding, safety equipment, and any hazards.
    • Gather contact information from witnesses.

    • Consult with a Construction Accident Attorney:

    • An experienced attorney can evaluate your case, explain your legal options, and help you navigate the claims process.

    • They can investigate the accident, gather evidence, and negotiate with insurance companies to maximize your compensation.

    • Understand Your Rights and Options:

    • Learn about workers’ compensation benefits, third-party claims, and any state-specific laws that may apply to your case.

    • Be aware of the statute of limitations for filing a claim, which is the time limit within which you must take legal action. In New York, a three-year statute of limitations typically applies to construction accident cases.

Types of Compensation You Can Pursue

Depending on the circumstances of your case, you may be able to recover compensation for the following damages:

  • Medical Expenses: Payment for all medical care, including emergency room visits, surgeries, physical therapy, rehabilitation, and future medical needs.
  • Lost Wages: Compensation for wages you have already lost while unable to work, as well as loss of future earning capacity if your injuries prevent you from returning to your former job or earning the same income.
  • Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish you have experienced as a result of the accident.
  • Other Out-of-Pocket Costs: Coverage for related expenses like prescription medications, necessary medical equipment, or modifications to your home or vehicle to accommodate a disability.
  • Disability: Damages apply if injuries impair the ability to do tasks involved in construction work or prevent working at elevated heights again due to scaffold accident injuries.
  • Punitive Damages: In some cases, if the defendant’s conduct was particularly egregious, you may be able to recover punitive damages, which are intended to punish the defendant and deter similar conduct in the future.

Common OSHA Violations in Scaffolding Accidents

The Occupational Safety and Health Administration (OSHA) sets strict regulations for scaffold safety. Common violations that contribute to scaffolding accidents include:

  • Absence of guardrails
  • Overloaded scaffolds
  • Improper assembly
  • Placing scaffolds on uneven or unstable surfaces
  • Lack of proper training
  • Failure to inspect scaffolding regularly

The Importance of Legal Representation

Navigating a construction accident compensation claim can be complex and challenging. An experienced construction accident attorney can provide invaluable assistance by:

  • Investigating the accident to determine the cause and identify all liable parties.
  • Gathering evidence, including accident reports, witness statements, and expert opinions.
  • Negotiating with insurance companies to reach a fair settlement.
  • Filing a lawsuit and representing you in court if necessary.
  • Maximizing your compensation by pursuing all available damages.

Recent Scaffolding Accident Case Examples

  • \$6 Million Settlement: A union waterproofer in Brooklyn, New York, fell from an exterior scaffold due to the lack of safety devices and suffered herniated discs.
  • \$1.5 Million Settlement: A mason in New York City fell 25 feet from a scaffold lacking guardrails and secured planking, sustaining injuries to his shoulders, knees, and back.
  • \$900,000 Settlement: A worker received this amount after a scaffolding collapse due to improper assembly and lack of safety equipment.
  • \$23.5 Million Settlement: The family of a construction worker killed when a scaffold collapsed at a University of Chicago Medicine construction site received this settlement.

Conclusion

Scaffolding accidents can have devastating consequences, but understanding your rights and taking the right steps can help you maximize your recovery. By seeking prompt medical attention, documenting the accident, and consulting with an experienced construction accident attorney, you can protect your interests and pursue the compensation you deserve. Remember, you don’t have to face these challenges alone.