Do I Need a Scaffolding Accident Attorney?

Each year, scaffolding accidents lead to approximately 4,500 injuries and 60 deaths in the United States. If you’ve been injured in a scaffolding accident, you’re likely facing medical bills, lost wages, and significant pain and suffering. Understanding your legal rights and options is crucial, and that’s where a scaffolding accident attorney can help.

What Are the Common Causes of Scaffolding Accidents?

Scaffolding accidents can occur due to a variety of factors, many of which are preventable. According to a BLS study, 72% of scaffold accidents can be attributed to:

Scaffold support or planking giving way: This can be due to defective equipment or improper assembly.
Slipping or tripping: Slippery surfaces, an unsafe incline, or insufficient planking can all lead to falls.
Falling objects: Tools, materials, or debris falling from the scaffold can strike workers below.

Other causes of scaffolding accidents include:

Electrocution: Scaffolds and equipment too close to power lines.
Environmental conditions: Wind, rain, and hazardous substances.
Inadequate fall protection: Lack of guardrails or safety harnesses.
Scaffold collapse: Overloading or improper construction.

What Injuries Result From Scaffolding Accidents?

The types of injuries resulting from scaffolding accidents can range from minor to fatal, depending on the height of the fall, the objects involved, and the safety measures in place. Common injuries include:

Traumatic brain injuries (TBIs): Can result from falls or being struck by falling objects.
Spinal cord injuries: Can lead to paralysis, tingling, and chronic pain.
Broken bones: Falls can cause fractures to wrists, ankles, legs, and ribs.
Internal organ damage: Can be life-threatening and require extensive medical treatment.
Lacerations and puncture wounds: Can result from sharp objects or debris.
Emotional trauma: Fear, anxiety, and PTSD can be long-lasting effects of a scaffolding accident.

When Should You Consult a Scaffolding Accident Attorney?

If you’ve experienced any of the above, it may be time to consider reaching out to a qualified attorney. Here’s when it’s crucial to seek legal assistance:

Serious Injuries: If you’ve suffered significant injuries requiring extensive medical treatment, rehabilitation, or long-term care.
Lost Wages: If you’re unable to work due to your injuries and are losing income.
Disputes with Workers’ Compensation: If your workers’ compensation claim has been denied or is not adequately covering your medical expenses and lost wages.
Unclear Liability: If you’re unsure who is responsible for the accident.
Permanent Disability: If your injuries result in a permanent disability that affects your ability to work and live a normal life.
Third-Party Negligence: If a party other than your employer (e.g., a subcontractor, equipment manufacturer, or property owner) contributed to the accident.

What Can a Scaffolding Accident Attorney Do for You?

A scaffolding accident attorney can provide invaluable assistance in navigating the legal complexities of your case and ensuring you receive the compensation you deserve. Here’s how they can help:

Investigate the Accident: Gather evidence, interview witnesses, and reconstruct the events leading to the accident to determine liability.
Assess Your Legal Options: Determine whether you can file a workers’ compensation claim, a personal injury lawsuit, or both.
Navigate the Legal Process: Handle all legal paperwork, deadlines, and court appearances.
Negotiate with Insurance Companies: Deal with insurance adjusters to reach a fair settlement.
Represent You in Court: If a settlement cannot be reached, your attorney will represent you in court to fight for your rights.
Identify All Liable Parties: Determine all parties who may be responsible for your injuries, including employers, contractors, manufacturers, and property owners.
Explain Complex Laws: Help you understand complex laws and regulations related to scaffolding safety and liability.

Who Can Be Held Liable?

Determining liability in a scaffolding accident can be complex, as multiple parties may be responsible. Potentially liable parties include:

Employers: For failing to provide a safe workplace, proper training, and adequate safety equipment.
General Contractors: For overseeing the construction site and ensuring safety regulations are followed.
Subcontractors: For their own negligence in erecting or using scaffolding.
Scaffolding Manufacturers and Installers: For providing defective or improperly installed scaffolding.
Property Owners: For failing to maintain a safe environment for workers on their property.

What Compensation Can You Recover?

If you’ve been injured in a scaffolding accident, you may be entitled to recover compensation for:

Medical Expenses: Past and future medical bills, including hospital stays, surgeries, medications, and rehabilitation.
Lost Wages: Past and future lost income due to your inability to work.
Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish.
Permanent Disability: Compensation for any permanent impairments or disabilities resulting from your injuries.
Property Damage: Compensation for any damaged personal property.
Punitive Damages: In some cases, punitive damages may be awarded if the responsible party’s conduct was grossly negligent or intentional.

OSHA Regulations and Scaffolding Safety

The Occupational Safety and Health Administration (OSHA) has established extensive and detailed safety rules regarding the assembly and use of scaffolds, as well as the training and precautions workers need to take. These regulations cover various aspects of scaffolding safety, including:

Guardrail Requirements: Guardrails must be installed on all open sides of scaffolds above 10 feet.
Fall Protection: Fall protection is required at heights of 10 feet or more, including safety harnesses or personal fall arrest systems.
Ladder Safety: Safe access to scaffolding platforms must be provided, with ladders extending at least three feet above the platform.
Weight Capacity: Scaffolds must be able to support at least four times their maximum intended load.
Inspection and Maintenance: Scaffolds must be inspected before each work shift by a competent person.
Training: Workers must be properly trained on scaffold safety, including hazard recognition and fall protection techniques.

Do You Need a Scaffolding Accident Attorney?

Given the complexities of scaffolding accident cases, the potential for serious injuries, and the involvement of multiple parties, it’s generally advisable to consult with an experienced attorney. A skilled scaffolding accident attorney can help you protect your legal rights, navigate the legal process, and pursue the compensation you deserve.