Filing a Scaffolding Accident Injury Claim: What You Need to Know

Each year, scaffolding accidents in the U.S. lead to approximately 4,500 injuries and 60 deaths, according to the Bureau of Labor Statistics (BLS). Falls from scaffolds account for roughly 25% of all fatal falls from working surfaces. If you’ve been injured in a scaffolding accident, understanding your rights and the steps involved in filing a claim is crucial to securing the compensation you deserve. This guide provides essential information to help you navigate the process.

Common Causes of Scaffolding Accidents

Scaffolding accidents can arise from various factors, often stemming from negligence or unsafe conditions. According to a BLS study, a significant percentage of scaffolding accidents can be attributed to these key causes:

Scaffold Support or Planking Giving Way: Defective equipment or improper assembly can lead to collapses.
Slipping or Tripping: Slippery surfaces or a lack of guardrails can increase the risk of falls.
Falling Objects: Tools or materials falling from scaffolds can cause serious injuries to workers below.

Other contributing factors may include:

Electrocution due to proximity to power lines.
Adverse environmental conditions like wind or rain.
Inadequate fall protection.
Overloading the scaffold beyond its weight capacity.

Common Injuries Resulting from Scaffolding Accidents

The nature and severity of injuries sustained in scaffolding accidents can vary widely. Some of the most common injuries include:

Traumatic Brain Injuries (TBIs): Falls are a leading cause of TBIs, which can result in cognitive impairments and long-term complications.
Broken Bones and Fractures: Falls or being struck by falling objects can lead to fractures, with arms, legs, and ribs being particularly vulnerable.
Spinal Cord Injuries and Paralysis: A hard landing can cause spinal cord injuries, potentially leading to partial or complete paralysis.
Internal Injuries and Organ Damage: The impact of a fall or falling objects can cause internal bleeding or organ damage, requiring immediate medical attention.
Lacerations
Electric Shock

Steps to Take After a Scaffolding Accident

If you’ve been involved in a scaffolding accident, taking the following steps can help protect your health and your legal rights:

Seek Immediate Medical Attention: Your health is the top priority. Get a thorough medical evaluation and document all injuries.
Report the Accident: Notify your supervisor or employer immediately.
Document the Scene: If possible, take photos and videos of the accident scene, including the scaffolding, any visible hazards, and your injuries.
Gather Witness Information: Collect names and contact information from any witnesses to the accident.
Keep Records: Maintain detailed records of all medical treatments, expenses, and lost income.

Understanding Your Legal Options

Following a scaffolding accident, you may have several legal avenues to pursue compensation for your injuries and losses.

Workers’ Compensation: In most states, workers’ compensation insurance provides benefits to employees injured on the job, regardless of fault. This coverage typically includes medical expenses and lost wages. However, workers’ compensation may limit your ability to sue your employer directly.
Personal Injury Claim (Third-Party Claim): If your accident was caused by the negligence of a party other than your employer, such as a general contractor, subcontractor, equipment manufacturer, or property owner, you may be able to file a personal injury claim. This type of claim can provide compensation for economic and non-economic damages, including medical expenses, lost wages, pain and suffering, and more.
New York Scaffold Law: In New York, Labor Law Section 240, also known as the “Scaffold Law,” provides significant protection for construction workers. This law holds property owners and general contractors strictly liable for injuries resulting from inadequate safety equipment or unstable structures at elevated work sites.

Proving Negligence in a Personal Injury Claim

To succeed in a personal injury claim, you must demonstrate that another party’s negligence directly caused your accident. This may involve proving that your employer failed to provide adequate safety training, that the scaffolding was defective, or that another party violated safety regulations.

Types of Compensation You Can Pursue

Depending on the circumstances of your case, you may be able to recover compensation for the following damages:

Medical Expenses: This includes all costs associated with your medical care, such as emergency room visits, surgeries, physical therapy, and ongoing treatment.
Lost Income: You can recover lost wages for the time you’ve been unable to work due to your injuries, as well as compensation for any future loss of earning capacity.
Pain and Suffering: You may be entitled to compensation for the physical pain, emotional distress, and mental anguish you’ve experienced as a result of the accident.
Other Out-of-Pocket Costs: This can include expenses such as prescription medications, medical equipment, and modifications to your home or vehicle to accommodate a disability.
Funeral Expenses: In the event of a fatal scaffolding accident, the victim’s family may be able to recover compensation for funeral and burial expenses.

The Importance of Legal Representation

Filing a scaffolding accident injury claim can be a complex process, involving intricate legal issues and potential disputes with insurance companies. Consulting with an experienced personal injury attorney who specializes in construction accidents can significantly improve your chances of obtaining a fair settlement.

A skilled attorney can:

Evaluate your case and explain your legal options.
Investigate the accident and gather evidence to support your claim.
Negotiate with insurance companies on your behalf.
Represent you in court if necessary.

Deadlines for Filing a Claim

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. The statute of limitations for personal injury claims varies by state. In New York, the statute of limitations for personal injury lawsuits is generally three years from the date of the accident. In Pennsylvania, the statute of limitations for personal injury claims is typically two years from the date of the accident. Missing the deadline could result in the loss of your right to sue for damages.

OSHA Regulations and Scaffolding Safety

The Occupational Safety and Health Administration (OSHA) has established comprehensive safety regulations for scaffolding to protect workers from accidents. These regulations cover various aspects of scaffold design, construction, and use, including:

Guardrail Requirements: Guardrails must be installed on all open sides of scaffolds above 10 feet.
Ladder Safety: Safe access to scaffolding platforms must be provided, with specific requirements for ladders and other means of access.
Fall Protection: Fall protection is required at heights of 10 feet or more, with options such as guardrails, safety harnesses, or personal fall arrest systems.
Weight Capacity: Scaffolds must be able to support their weight plus four times the maximum intended load.
Inspections: A competent person must inspect the scaffolding before each work shift to ensure it is safe to use.

Conclusion

Filing a scaffolding accident injury claim can be a challenging process, but understanding your rights and taking the necessary steps can help you secure the compensation you deserve. If you or a loved one has been injured in a scaffolding accident, it’s essential to seek legal guidance from a qualified attorney who can protect your interests and help you navigate the complexities of the legal system.