Injured in a Scaffolding Accident? Find a Construction Injury Lawyer Near You

Construction sites are inherently dangerous places, and scaffolding accidents are a leading cause of serious injuries and fatalities in the industry. According to the United States Bureau of Labor Statistics (BLS), approximately 4,500 scaffolding-related injuries occur each year. If you’ve been hurt in a scaffolding accident, understanding your rights and seeking legal help is crucial. This article will guide you through the common causes of scaffolding accidents, the types of injuries that can occur, and how a construction injury lawyer near you can help you recover the compensation you deserve.

Common Causes of Scaffolding Accidents

Scaffolding accidents can stem from a variety of factors, often involving negligence or violations of safety regulations. Some of the most frequent causes include:

Falls from Heights: Falls are the most common and dangerous type of scaffolding accident. They can occur due to improper assembly, lack of guardrails or safety harnesses, or slippery surfaces. OSHA requires fall protection at heights of 10 feet or more.
Scaffold Collapse: Scaffold collapses can result from overloading, unstable ground, or using damaged components. Adhering to weight limits and ensuring proper assembly by trained professionals is essential.
Falling Objects: Tools, equipment, and building materials falling from scaffolding can cause serious injuries. Implementing strict protocols for securing objects and using tool lanyards and toe boards can prevent these incidents.
Electrocution: Contact with power lines or other electrical hazards can lead to electrocution. Scaffolds must maintain a safe distance (at least 10 feet) from power lines.
Negligent Manufacturing: Defective scaffolding design or manufacturing can lead to equipment failure and accidents.
Lack of Training: Insufficient training on scaffold safety standards and fall protection is a significant contributing factor to accidents.

Common Scaffolding Injuries

The injuries resulting from scaffolding accidents can be severe and life-altering. Some of the most common include:

Fractures: Falls can cause fractures to the legs, arms, spine, and ribs.
Head Injuries: Traumatic brain injuries (TBIs) such as concussions can result from striking the head during a fall.
Spinal Cord Injuries: Damage to the spinal cord can lead to paralysis, tingling, and chronic pain.
Internal Injuries: Falls and falling objects can cause damage to internal organs, leading to life-threatening complications.
Soft Tissue Injuries: Sprains, strains, and tears to muscles and ligaments are common in scaffolding accidents.

OSHA Regulations and Scaffolding Safety

The Occupational Safety and Health Administration (OSHA) sets forth comprehensive regulations to ensure worker safety on scaffolding. These regulations cover various aspects of scaffold design, construction, and use, including:

Guardrails: Guardrails are required on all open sides of scaffolds above 10 feet, with top rails between 38 and 45 inches high and midrails installed halfway between the top rail and platform.
Fall Protection: Fall protection, such as safety harnesses or personal fall arrest systems, is required at heights of 10 feet or more.
Access: Safe access to scaffolding platforms must be provided using ladders, stair towers, or ramps. Cross braces should never be used for access.
Weight Capacity: Scaffolds must be able to support at least four times their maximum intended load.
Inspections: A competent person must inspect scaffolds for defects before each work shift and after any event that could affect their integrity.
Training: Employers must provide training to employees on scaffold hazards, fall protection, and proper use of the equipment.

Legal Options for Scaffolding Accident Victims

If you’ve been injured in a scaffolding accident, you may have several legal options for recovering compensation:

Workers’ Compensation: In most states, workers’ compensation provides benefits to employees injured on the job, regardless of fault. These benefits can cover medical expenses, lost wages, and disability payments. However, workers’ compensation may not fully compensate you for all your losses.
Personal Injury Lawsuit: You may be able to file a personal injury lawsuit against a negligent third party, such as a general contractor, subcontractor, property owner, or equipment manufacturer. To win a personal injury case, you must prove that the other party’s negligence caused your injuries.
Scaffold Law: Some states, like New York, have “Scaffold Laws” (NY Labor Law 240) that provide special protections for construction workers injured in gravity-related accidents, such as falls from scaffolding. These laws impose strict liability on owners and contractors for failing to provide adequate safety measures.
Wrongful Death Claim: If a loved one has died as a result of a scaffolding accident, you may be able to file a wrongful death claim to recover damages for funeral expenses, lost income, and loss of companionship.

Why You Need a Construction Injury Lawyer

Navigating the legal complexities of a scaffolding accident claim can be challenging. A construction injury lawyer can help you:

Investigate the Accident: An attorney can conduct a thorough investigation to determine the cause of the accident and identify all liable parties.
Gather Evidence: Your lawyer can collect evidence such as accident reports, witness statements, safety records, and expert opinions to support your claim.
Negotiate with Insurance Companies: Insurance companies often try to minimize payouts to injured workers. A lawyer can negotiate with the insurance company on your behalf to ensure you receive a fair settlement.
File a Lawsuit: If a settlement cannot be reached, your attorney can file a lawsuit and represent you in court.
Understand Your Rights: A lawyer can explain your legal rights and options, including the potential for recovering damages for medical expenses, lost wages, pain and suffering, and other losses.
Ensure Compliance with Deadlines: There are strict deadlines for filing construction accident claims, known as the statute of limitations. A lawyer can ensure that your claim is filed on time to protect your right to compensation. In New York, the statute of limitations for personal injury claims, including construction accidents, is generally three years from the date of the injury.

Finding a Construction Injury Lawyer Near You

If you’ve been injured in a scaffolding accident, it’s essential to find a construction injury lawyer near you who has experience handling these types of cases. Look for an attorney who:

Has a proven track record of success in construction accident cases.
Is familiar with OSHA regulations and state-specific construction laws.
Has the resources to investigate your accident thoroughly.
Is committed to fighting for your rights and maximizing your compensation.
Offers a free consultation to discuss your case.

Compensation for Scaffolding Accident Injuries

The compensation you may be able to recover in a scaffolding accident case will depend on the severity of your injuries and the extent of your losses. Damages can include:

Medical Expenses: Compensation for past and future medical bills, including hospital stays, surgeries, physical therapy, and medications.
Lost Wages: Reimbursement for lost income due to your inability to work, as well as compensation for future lost earning capacity.
Pain and Suffering: Compensation for the physical pain and emotional distress you have experienced as a result of your injuries.
Punitive Damages: In some cases, punitive damages may be awarded if the defendant’s conduct was particularly egregious or reckless.

Conclusion

Scaffolding accidents can have devastating consequences for workers and their families. If you’ve been injured in a scaffolding accident, don’t hesitate to seek legal help from a qualified construction injury lawyer near you. An experienced attorney can protect your rights, investigate the accident, and help you recover the compensation you need to rebuild your life.