Scaffolding Accident Settlements: What is Your Claim Worth?

Falls from scaffolding are a leading cause of construction site injuries, accounting for one-third of all jobsite deaths. If you or a loved one has been injured in a scaffolding accident, you’re likely wondering about the potential value of your claim. Understanding the factors that influence scaffolding accident settlements is crucial to ensuring you receive fair compensation for your injuries and losses.

Understanding the Basics of Scaffolding Accident Claims

A scaffolding accident claim seeks to provide financial compensation to individuals injured due to negligence related to scaffolding. These accidents can result from various factors, including:

Falls from Heights: Lack of proper fall protection (guardrails, safety harnesses) is a major cause.
Falling Objects: Tools or materials falling from scaffolding can cause serious head injuries.
Scaffolding Collapse: Structural failure due to improper assembly or maintenance.
Slips and Trips: Hazardous conditions on the scaffold platform.
Electrocution: Contact with overhead power lines.

What Factors Determine the Value of a Scaffolding Accident Settlement?

Several key factors influence the value of a scaffolding accident settlement:

Severity of Injuries: The more severe the injury, the higher the potential settlement. Catastrophic injuries such as traumatic brain injuries, spinal cord damage, or amputations typically result in larger payouts due to long-term medical care and life-altering consequences. Broken bones are common in scaffolding accidents, with injuries ranging from hairline fractures to compound fractures. Traumatic brain injuries (TBIs) can result from falls, leading to cognitive impairments and long-term disability. Spinal cord injuries can lead to partial or complete paralysis, requiring lifelong medical care.
Medical Expenses: Compensation accounts for current and future medical costs, including surgeries, hospital stays, rehabilitation, physical therapy, and assistive devices. Settlements cover current and future medical costs, including surgeries, rehabilitation, and ongoing therapy. Future care needs will increase the settlement amount.
Lost Wages and Earning Capacity: You can recover lost income if you cannot return to your job or face reduced earning capacity; cases of permanent disability may include a lifetime of lost earnings.
Pain and Suffering: You can also be compensated for physical and emotional pain and discomfort caused by your injuries. Non-economic damages compensate for your intangible losses, such as pain and suffering, loss of enjoyment of life, and the impact on your relationships with family and loved ones.
Negligence and Liability: Settlements may be higher if gross negligence or OSHA violations contributed to the accident, especially in third-party liability claims.
Jurisdiction: The state and local laws where the accident occurred can significantly impact the potential settlement amount.
Insurance Coverage: The amount of available insurance coverage from the responsible parties will also affect the settlement value.

Types of Compensation You Can Claim

In a scaffolding accident claim, you may be entitled to various types of compensation, including:

Medical Expenses: Covering past and future medical treatment, rehabilitation, and therapy.
Lost Wages: Reimbursement for lost income due to the injury, including future earning capacity.
Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish.
Property Damage: Covering damage to personal property as a result of the accident.
Punitive Damages: In cases of gross negligence, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future.

Workers’ Compensation vs. Personal Injury Lawsuits

It’s important to understand the difference between workers’ compensation and personal injury lawsuits in scaffolding accident cases:

Workers’ Compensation: This is a no-fault system designed to provide benefits to employees injured on the job, regardless of who was at fault. Workers’ compensation typically covers medical bills and a percentage of lost wages. However, it usually prevents you from suing your employer directly.
Personal Injury Lawsuit: If a third party’s negligence (someone other than your employer) caused the accident, you may be able to file a personal injury lawsuit to seek additional compensation for pain and suffering, and full lost wages.

Examples of Scaffolding Accident Settlements and Verdicts

Keep in mind that every case is unique, and past results are not a guarantee of future success. However, examining some examples can provide a general idea of potential settlement ranges:

\$68.5 Million Verdict (Pennsylvania 2024): A jury awarded this amount to the family of a man who died after falling 50 feet from scaffolding.
\$23.5 Million Settlement (Chicago 2025): The family of an ironworker who died in a scaffolding collapse caused by high winds received this settlement.
\$10.25 Million Verdict (New York 2024): A construction worker was awarded this amount after falling from a scaffolding platform.
\$6 Million Settlement (New York): A union waterproofer who fell from a scaffold due to lack of safety devices received this settlement.
\$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.

The Role of OSHA Regulations

The Occupational Safety and Health Administration (OSHA) sets strict standards for scaffolding safety. Violations of these regulations can be strong evidence of negligence in a scaffolding accident case. OSHA scaffolding requirements include:

Scaffolds must be designed and built under the direction of a qualified person.
A competent person must inspect scaffolds before each work shift.
Fall protection is required for workers more than 10 feet above a lower level.
Safe access must be provided to platforms.
Scaffolds must be able to support at least four times the maximum intended load.
Platforms must be fully planked.
Guardrails must be installed on all open sides of scaffolds above 10 feet.
Top rails must be between 38-45 inches high and withstand at least 200 lbs.
Midrails must be installed halfway between the top rail and platform.

What to Do After a Scaffolding Accident

If you’ve been involved in a scaffolding accident, here are crucial steps to take:

Seek Immediate Medical Attention: Even if you don’t think you’re seriously injured, get checked out by a doctor. Some injuries may not be immediately apparent.
Report the Accident: Notify your employer and ensure an accident report is filed.
Gather Evidence: If possible, take photos of the accident scene, the scaffolding, and your injuries. Collect contact information from witnesses.
Consult an Attorney: Talk to a qualified personal injury attorney who specializes in scaffolding accidents. They can evaluate your case, advise you on your legal options, and help you pursue fair compensation.

Finding the Right Legal Representation

Navigating a scaffolding accident claim can be complex. It’s essential to seek guidance from an experienced attorney who can:

Investigate the accident thoroughly.
Identify all responsible parties.
Gather evidence to support your claim.
Negotiate with insurance companies.
Represent you in court if necessary.

Conclusion

Determining the value of a scaffolding accident settlement requires careful consideration of numerous factors. By understanding these factors and seeking guidance from a qualified attorney, you can protect your rights and pursue the compensation you deserve.