Scaffolding Accident: What You Need to Know

Scaffolding accidents are a significant concern in the construction industry, leading to thousands of injuries and dozens of fatalities each year. According to the Bureau of Labor Statistics (BLS), scaffold-related accidents result in roughly 4,500 injuries and 60 deaths annually. Falls from scaffolds account for approximately 25% of all fatal falls from working surfaces. Given these alarming statistics, it’s crucial to understand the common causes of scaffolding accidents, the safety regulations in place, and the legal options available to those injured.

Common Causes of Scaffolding Accidents

Scaffolding accidents can stem from a variety of factors, broadly categorized into system failures, environmental factors, and human errors. A recent BLS study indicated that 72% of scaffold accidents are attributed to:

Scaffold support or planking giving way: This can be due to defective equipment or improper assembly.
Slipping or tripping: Factors like slippery surfaces or a lack of guardrails contribute to these incidents.
Falling objects: Workers on or below the scaffold can be struck by falling tools or materials.

Other causes of scaffolding accidents include:

Negligent Manufacturing: Substandard equipment with flaws can compromise worker safety, leading to structural failures or collapses.
Unsafe Scaffold Design: Scaffolds may lack essential safety features or be inadequately engineered for the intended loads and environmental conditions.
Improper Construction: Failure to securely fasten all attachment points, install necessary bracing, or provide guardrails can lead to accidents.
Lack of Overhead Protection: The absence of canopies or netting exposes workers to falling objects.
Inadequate Training: Insufficient training on hazard recognition, proper use of equipment, and safety protocols can increase the risk of accidents.
Environmental Factors: Strong wind gusts, rain, ice, and extreme temperatures can create hazardous conditions on scaffolds.
Electrocution: Scaffolds and equipment too close to power lines can lead to electrocution.
Overloading: Exceeding the scaffold’s weight capacity with workers, materials, or tools can cause it to collapse.

OSHA Regulations and Safety Standards

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 aim to minimize the risk of accidents and ensure worker safety. Key OSHA requirements include:

Fall Protection: Guardrails, safety harnesses, or personal fall arrest systems are required at heights of 10 feet or more. Guardrails must be installed on all open sides of scaffolds above 10 feet. Top rails must be between 38 and 45 inches high and withstand at least 200 lbs of force. Midrails must be installed halfway between the top rail and the platform.
Capacity Requirements: Scaffolds must be able to support at least four times their maximum intended load without failure.
Platform Construction: Platforms must be completely decked between the front uprights and the guardrails, with no gaps or missing planks.
Access Requirements: Safe entry and exit must be provided whenever scaffold platforms are more than two feet above or below a point of access. Acceptable means of access include portable ladders, hook-on ladders, stair towers, and ramps or walkways.
Footing and Stability: Scaffolds must rest on firm, level foundations. When scaffolds exceed four times their minimum base width in height, they must be tied back to the structure or guyed/braced for stability.
Inspection and Maintenance: Scaffolds must be inspected by a competent person before each shift to identify hazards and ensure safe conditions. The rigging on all suspended scaffolds must undergo inspection by a competent person before each shift.
Training and Supervision: Workers must be properly trained on recognizing and avoiding fall hazards, load capacities, material handling limits, and working safely near power lines. Scaffolds must be erected, used, and dismantled under the direct supervision of a competent person.

Legal Options and Compensation for Scaffolding Accident Injuries

If you’ve been injured in a scaffolding accident, it’s essential to understand your legal rights and options for seeking compensation. Potential avenues for compensation include:

Workers’ Compensation: Construction workers injured in a scaffolding accident can file a workers’ compensation claim to collect benefits such as medical coverage, rehabilitation expenses, and disability payments. However, workers’ compensation typically doesn’t provide payment for pain and suffering or the full amount of lost wages.
Third-Party Claims: In some cases, a third party other than your employer may be liable for the accident. This could include the general contractor, the scaffolding manufacturer, or another subcontractor. Filing a personal injury lawsuit against a negligent third party can allow you to recover economic damages (medical expenses, lost wages, out-of-pocket costs) and non-economic damages (pain and suffering, emotional distress).
Product Liability Claims: If the accident was caused by a defective scaffold, you may be able to file a product liability claim against the manufacturer or installer of the scaffolding.

Damages that may be recovered in a scaffolding accident claim include:

Medical Expenses: Payment for all medical care, from initial emergency room visits and surgeries to ongoing physical therapy and rehabilitation.
Lost Income: Compensation for wages already lost while unable to work, as well as loss of future earning capacity if injuries prevent a return to a former job or earning the same income.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injuries.
Other Out-of-Pocket Costs: Coverage for related expenses like prescription medications, necessary medical equipment, or modifications to a home or vehicle to accommodate a disability.

Who Can Be Held Liable?

Multiple parties can be held responsible for a scaffolding accident, depending on the circumstances. Potentially liable parties include:

Employers: For failing to provide a safe work environment, inadequate training, or lack of proper safety equipment.
Property Owners: For failing to provide a reasonably safe environment for workers.
General Contractors, Construction Managers, or Subcontractors: For failing to ensure a safe construction site and warn workers of hazards.
Scaffolding Installers and Manufacturers: If defective scaffolding was responsible for the accident.
Employees From Other Companies: If one of their workers causes or contributes to a scaffolding accident.

Taking Action After a Scaffolding Accident

If you or a loved one has been involved in a scaffolding accident, consider the following steps:

Seek Medical Attention: Get immediate medical attention for any injuries sustained.
Report the Accident: Report the accident to your employer and ensure an incident report is filed.
Document the Scene: Take photos and videos of the accident scene, including the scaffolding, any visible hazards, and your injuries.
Gather Information: Collect the names and contact information of any witnesses.
Consult an Attorney: Contact a personal injury attorney experienced in scaffolding accident cases to discuss your legal options and protect your rights.

Scaffolding accidents can have devastating consequences, but understanding the risks, regulations, and legal options available can help protect workers and ensure they receive the compensation they deserve. If you or someone you know has been injured in a scaffolding accident, seeking legal guidance is a crucial step toward recovery and justice.