What Can You Recover? Understanding Damages in Scaffolding Accident Cases

Falls are a leading cause of death in the construction industry, and scaffolding accidents contribute significantly to these statistics. According to OSHA, approximately 4,500 injuries and 50 deaths occur each year in the U.S. due to scaffolding accidents. If you’ve been injured in a scaffolding accident, you may be wondering, “What can you recover?” Understanding the types of damages you can pursue is crucial to securing fair compensation and protecting your future.

Understanding Your Legal Options After a Scaffolding Accident

Following a scaffolding accident, it’s essential to understand your legal options. In most cases, injured workers can file a workers’ compensation claim to cover medical expenses and lost wages, regardless of fault. However, workers’ compensation benefits may not fully cover all the damages you’ve suffered. In many instances, a personal injury lawsuit against a negligent third party can provide additional compensation.

Workers’ Compensation: This is generally your initial safety net, providing medical coverage and partial wage replacement if you’re injured on the job, regardless of fault. It’s a no-fault system, meaning you don’t need to prove anyone was negligent, but benefits have limitations.

Personal Injury Lawsuit: If your accident was caused by the negligence of someone other than your employer, such as a general contractor, subcontractor, property owner, or equipment manufacturer, you may be able to file a personal injury lawsuit. This allows you to pursue compensation for a wider range of damages, including pain and suffering.

Types of Recoverable Damages

The damages you can recover in a scaffolding accident case typically fall into two categories: economic and non-economic.

Economic Damages: Covering Your Financial Losses

Economic damages are the tangible financial costs you’ve incurred due to the accident. These are generally easier to calculate as they come with verifiable documentation like bills and receipts. Common examples include:

Medical Expenses: This includes all past and future medical bills related to your injuries, such as emergency room visits, surgeries, hospital stays, physical therapy, and prescription medications.
Lost Wages: You can recover lost income for the time you’ve been unable to work due to your injuries. This includes both past lost wages and future lost earning capacity if your injuries prevent you from returning to your previous job or earning the same income.
Out-of-Pocket Costs: This covers any other expenses you’ve had to pay as a result of the accident, such as transportation costs for medical appointments, assistive devices (wheelchairs, walkers), and home modifications to accommodate your disability.

Non-Economic Damages: Addressing the Intangible Losses

Non-economic damages compensate you for the intangible losses you’ve suffered due to the accident. These damages are more subjective and can be challenging to quantify, but they are essential to acknowledge the full impact of the accident on your life. Common examples include:

Pain and Suffering: This compensates you for the physical pain and emotional distress you’ve experienced due to your injuries.
Mental Anguish: This addresses the emotional trauma of the accident, including conditions like anxiety, depression, or post-traumatic stress disorder (PTSD).
Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you once enjoyed, you may be compensated for the loss of enjoyment of life.
Loss of Consortium: This compensates your spouse or partner for the impact your injuries have had on your relationship, such as loss of companionship, intimacy, and support.
Disability and Disfigurement: Compensation can also be provided for any permanent disabilities or disfigurement resulting from the accident.

Additional Damages

In some cases, additional types of damages may be available, such as:

Punitive Damages: If the responsible party’s actions were particularly egregious or reckless, you may be awarded punitive damages to punish them and deter similar conduct in the future.
Wrongful Death Damages: In the event of a fatal scaffolding accident, the victim’s family may be able to pursue a wrongful death lawsuit to recover damages such as funeral expenses, lost wages, and loss of companionship.

Factors Affecting Settlement Value

Several factors can influence the value of your scaffolding accident settlement, including:

Severity of Injuries: The more severe your injuries, the higher the potential settlement value.
Medical Expenses: Higher medical expenses generally lead to a higher settlement.
Lost Wages: The longer you’re out of work, the greater the economic damage and the potential settlement value.
Long-Term Impact: Permanent disabilities or chronic pain can significantly increase compensation.
Negligence of the Responsible Party: If the responsible party was clearly negligent, your compensation may be higher.
Worker Age and Prior Earnings: Younger construction workers often receive higher settlements due to decades of lost future earnings.
Construction Company Safety Record: Multiple safety violations or repeated scaffold structure issues dramatically increase settlement values.

The Importance of Legal Representation

Navigating the legal process after a scaffolding accident can be complex and overwhelming. An experienced personal injury attorney can help you understand your rights, evaluate your options, and pursue the full compensation you deserve. A lawyer can:

Investigate the accident to determine liability.
Gather evidence to support your claim.
Negotiate with insurance companies.
File a lawsuit if necessary.
Represent you in court.

Examples of Scaffolding Accident Settlements and Verdicts

While every case is unique, examining past settlements and verdicts can provide a general idea of potential compensation ranges. Keep in mind that these are just examples, and the value of your case will depend on the specific facts and circumstances.

$68.5 Million Verdict (Pennsylvania 2024): A jury awarded this amount to the family of a man who died after falling 50 feet from a scaffolding due to a dangerous guardrail and OSHA violations.
$10.25 Million Verdict (New York 2024): A construction worker received this award after falling from a scaffolding platform and sustaining disc herniations, disc bulges, and meniscus tears.
$6 Million Settlement (New York): A worker who fell off an exterior scaffold due to a gap in the platform received this settlement after sustaining herniated discs in his cervical and lumbar spine.
$1.5 Million Settlement (New York 2023): A construction worker who sustained multiple fractures after falling 25 feet from a roof settled for this amount.
$1,060,000 Settlement (Bronx Supreme Court): A worker who fell from a scaffold and suffered neck and back injuries received this settlement, which was $60,000 above the defendant’s insurance policy limit.

Seeking Justice and Fair Compensation

If you or a loved one has been injured in a scaffolding accident, it’s crucial to seek legal assistance as soon as possible. Understanding what you can recover is the first step toward securing the financial resources you need to heal, rebuild your life, and protect your future. Don’t hesitate to contact an experienced scaffolding accident attorney to discuss your case and explore your legal options.