Chicago Scaffolding Collapse: Family Awarded $23.5M Due to System Deficiencies

The construction industry, a vital force in shaping Chicago’s skyline, unfortunately carries inherent risks. Scaffolding accidents, though not always headline news, remain a significant cause of injuries and fatalities on construction sites. In a recent case highlighting the devastating consequences of negligence, the family of an Oak Forest man, David O’Donnell, who died in a Chicago scaffolding collapse, was awarded $23.5 million. This tragic incident underscores the critical importance of stringent safety measures and proper system maintenance in scaffolding operations.

The Fatal Incident: A Chain of Failures

In June 2024, David O’Donnell, a 27-year-old Local 130 technical engineer, lost his life while working on the University of Chicago’s new cancer center. A section of the large suspended scaffold he was on, constructed by Adjustable Forms, Inc. and managed by Turner Construction Company, collapsed, causing him to fall 140 feet. Another worker, Jeffrey Spyrka, also fell and sustained severe injuries.

The subsequent wrongful death lawsuit filed by GWC Injury Lawyers revealed a disturbing picture of negligence and systemic failures. The lawsuit alleged that the general contractor, Turner Construction, failed to implement appropriate safety measures to ensure the scaffold system was safely and properly erected. Furthermore, it was alleged that the company allowed scaffold work to continue despite high winds that day. Adjustable Forms, Inc. was also accused of failing to properly build the scaffold, leading to instability, especially under high wind conditions.

Preliminary investigations pointed to “serious deficiencies” in the scaffold system. The system, designed to withstand winds up to 85 mph, failed under a 44 mph gust. The investigation revealed structural weaknesses, improper materials, and a lack of adequate connections at a critical corner, contributing to the collapse. This indicated a systemic failure in both scaffold construction and inspection protocols, suggesting liability beyond ordinary negligence.

Understanding Scaffolding Accident Statistics

While scaffolding collapses may not be rampant, scaffolding accidents contribute significantly to construction site injuries and deaths. Falls are the leading cause of fatalities in the construction industry. In 2016, falls accounted for 84 out of 991 total deaths in construction. Scaffolding accidents can result in various injuries, including:

Traumatic brain injuries
Spinal cord injuries
Broken bones
Internal injuries
Death

Preventing Scaffolding Accidents: A Multi-Faceted Approach

Preventing scaffolding accidents requires a comprehensive approach involving strict adherence to safety regulations, proper training, and regular inspections.

OSHA Regulations: The Occupational Safety and Health Administration (OSHA) sets forth comprehensive requirements for scaffolding safety. These regulations cover various aspects, including:

Weight Capacity: Scaffolding must be structurally sound and capable of supporting its weight plus four times the maximum intended load.
Stability: Unsteady objects should never be used to support scaffolding.
Supervision: A competent person must supervise the erection, dismantling, moving, or alteration of scaffolds.
Fall Protection: Employers must provide fall protection for employees on scaffolding more than 10 feet above a lower level. This includes guardrails, toeboards, and personal fall arrest systems.
Regular Maintenance: Scaffolding should be regularly inspected and maintained to ensure stability. Any damaged equipment must be repaired or replaced immediately.
Distance from Power Lines: Scaffolding must be at least 10 feet away from electrical lines.

Training and Competency: Proper training is crucial for all workers involved with scaffolding. OSHA requires employers to provide training on:

Recognizing hazards associated with the type of scaffold being used.
Procedures to control or minimize those hazards.
Correct procedures for erecting, maintaining, and disassembling fall protection systems.
The nature of electrical hazards, fall hazards, and falling object hazards in the work area.

The City of Chicago also requires a Scaffold Safety Training ID Card for all operators/workers involved in scaffolding erection, operation, or maintenance.

The Role of a Competent Person: A “competent person” plays a vital role in scaffolding safety. This individual is responsible for:

Directing employees who erect, dismantle, move, or alter scaffolding.
Determining if it is safe for employees to work from a scaffold during storms or high winds.
Training employees involved in scaffolding work to recognize associated hazards.
Inspecting scaffolds and scaffold components for visible defects before each work shift.

Legal Options for Victims of Scaffolding Accidents

Construction workers injured in scaffolding accidents have legal options available to them. These may include:

Workers’ Compensation: Injured workers are typically eligible for workers’ compensation benefits, regardless of fault. These benefits can cover medical expenses, lost wages, and disability payments.
Personal Injury Lawsuits: In some cases, injured workers may be able to file a personal injury lawsuit against a negligent third party, such as a general contractor, subcontractor, or equipment manufacturer. These lawsuits can provide compensation for pain and suffering, emotional distress, and other damages not covered by workers’ compensation.

Seeking Legal Assistance

If you or a loved one has been injured in a scaffolding accident, it is crucial to seek legal assistance from an experienced construction accident attorney. A knowledgeable attorney can:

Investigate the accident to determine the cause and identify all liable parties.
Evaluate your legal options and advise you on the best course of action.
Negotiate with insurance companies to obtain a fair settlement.
Represent you in court if necessary to pursue your claim.

The $23.5 million settlement awarded to the O’Donnell family serves as a stark reminder of the devastating consequences of scaffolding accidents and the importance of prioritizing safety on construction sites. By understanding the risks, adhering to safety regulations, and seeking legal assistance when necessary, we can work to prevent future tragedies and protect the lives and well-being of construction workers in Chicago and beyond.