How to file a scaffolding accident lawsuit?

How to File a Scaffolding Accident Lawsuit

Each year, thousands of construction workers are injured in scaffolding accidents, highlighting the critical need for understanding legal options when these incidents occur. Falls from heights are the leading cause of death in construction, with scaffolding involved in about one in four fatal falls. If you or a loved one has been injured in a scaffolding accident, understanding how to file a lawsuit is essential to securing the compensation you deserve.

Understanding Your Legal Options

Following a scaffolding accident, several legal avenues may be available to you. These include workers’ compensation claims and personal injury lawsuits against negligent third parties.

  • Workers’ Compensation: Virtually all construction workers are covered by workers’ compensation, which is a private insurance policy purchased by employers to cover costs related to an employee’s injury. Benefits can include money for reasonable medical expenses, temporary lost wages, and disability. Typically, you can recover about two-thirds of your lost income through a workers’ compensation claim. In the instance that a construction worker sustains an injury from a scaffold accident, benefits are provided for without cause or negligence has to be proven.
  • Personal Injury Lawsuit: In addition to workers’ compensation, you may be able to file a personal injury lawsuit against a third party whose negligence contributed to the accident. New York has special laws that extend extra protections to construction workers who are injured on the job. These laws sometimes permit workers to sue their employers, as well as other parties whose negligence contributes to scaffolding accidents.

Key Steps to Filing a Scaffolding Accident Lawsuit

Filing a scaffolding accident lawsuit involves several critical steps. Here’s a detailed guide to help you navigate the process:

  1. Seek Medical Attention and Document Injuries: Your health is the top priority. Seek immediate medical attention and follow your doctor’s instructions. Thoroughly document all injuries, treatments, and medical expenses, as these records will be crucial to your case.
  2. Consult with a Scaffolding Accident Attorney: Contact an experienced personal injury lawyer who specializes in scaffolding accidents. Look for attorneys with a proven track record and extensive knowledge of construction accident litigation. They can evaluate your case, explain your rights, and guide you through the legal process.

  3. Investigate the Accident: Your attorney will conduct a thorough investigation into the circumstances surrounding the accident. This may involve:

    • Gathering evidence, including photographs of the accident scene, safety records, and incident reports.
    • Interviewing witnesses, such as coworkers or bystanders, to obtain their accounts of the accident.
    • Assessing the accident scene to identify any safety violations or code infractions.

    • Determine Liability: Establishing liability is crucial to a successful lawsuit. Potential defendants in a scaffolding accident case may include:

    • The scaffolding manufacturer, if the accident was caused by defective equipment.

    • The construction company, if they failed to provide a safe working environment.
    • The contractor or subcontractor, if their negligence contributed to the accident.
    • The property owner, if they failed to maintain safe conditions on the premises.
    • A worker who while setting up the scaffold mid and guard rails neglects to tighten the toe boards.
    • File a Complaint Within the Statute of Limitations: Every state has a statute of limitations, which sets a deadline for filing a lawsuit. In New York, you generally have three years from the date of your accident to file a lawsuit. Claims for workers’ compensation must be filed within two years of the date of injury. Wrongful death cases related to fatal scaffolding accidents must be filed within two years of a victim’s death. Missing the deadline could result in the dismissal of your case.

    • Build Your Case: To win a scaffolding accident lawsuit, you must demonstrate that your injuries were caused by negligence or a safety violation. Evidence that can help your case includes:

    • Photos of the unsafe scaffolding conditions.

    • Accident scene investigation reports.
    • Witness statements from co-workers or bystanders.
    • Safety inspection records and violation notices.
    • Medical records and doctor reports on your injuries.
    • Negotiate a Settlement or Prepare for Trial: Many scaffolding accident cases settle out of court through negotiation with insurance companies or opposing legal teams. Your attorney will work to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages. If a settlement cannot be reached, your attorney will prepare your case for trial and argue your case before a judge or jury.

Common Causes of Scaffolding Accidents

Understanding the common causes of scaffolding accidents can help identify negligence and build a stronger case. Some frequent causes include:

  • Scaffolding Collapse: Collapsing scaffolds are the root cause of a great many scaffolding accidents. Contractors, in an effort to be cost-effective, or through simple negligence, may not see to it that necessary braces for the scaffold are in place.
  • Construction Deficiencies: The most common reason for scaffolding-related deaths is defects in scaffolding construction. If scaffolding is not correctly installed and the problem is not found during a pre-shift inspection, it poses a serious risk to worker safety.
  • Electrocution: Electrocution is a fatal hazard that accounts for 18% of scaffolding-related deaths. This is especially common when metal scaffolds are used near live wires.
  • Falls: Falls account for 10% of all scaffolding accidents and more than 50% of deaths in the construction industry.
  • Falling Objects: Workers below scaffolds are at risk of being struck by tools or materials dropped from above, causing injuries that could have been prevented with proper safety measures like toe boards or nets.
  • Lack of Fall Protection: In nearly 4 of every 5 scaffolding accidents, safety guard rails were not in place.
  • Negligent Manufacturing: Scaffolding accidents can be triggered by negligent manufacturing practices, leading to the production of substandard equipment with flaws that compromise worker safety.
  • Overloading: When scaffolds are overloaded beyond their capacity with workers, materials, or tools, they can collapse, leading to serious accidents.
  • Unsafe Scaffold Design: Poor scaffold design is a significant cause of accidents, where scaffolds may lack essential safety features or be inadequately engineered for the intended loads and environmental conditions.

Compensation for Scaffolding Accident Injuries

If you have been injured in a scaffolding accident, you may be entitled to compensation for various types of damages, including:

  • Medical Expenses: Compensation for immediate and future medical costs, including hospital stays, surgeries, medications, and rehabilitation.
  • Lost Wages: Reimbursement for lost income due to your inability to work, both present and future.
  • Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
  • Disability: Payments for any permanent disabilities resulting from the accident.
  • Punitive Damages: In cases of intentional misconduct or reckless disregard for worker safety, punitive damages may be awarded.

The Importance of Legal Representation

Navigating the legal complexities of a scaffolding accident lawsuit can be challenging. An experienced attorney can provide invaluable assistance by:

  • Evaluating your case and explaining your legal options.
  • Investigating the accident and gathering evidence to support your claim.
  • Identifying all liable parties and pursuing compensation from them.
  • Negotiating with insurance companies and opposing counsel to reach a fair settlement.
  • Representing you in court if a trial is necessary.

Examples of Scaffolding Accident Settlements and Verdicts

Scaffolding accident lawsuits can result in substantial settlements and verdicts, reflecting the severity of the injuries and the impact on victims’ lives. Here are a few notable examples:

  • $68.5 Million Verdict (Pennsylvania 2024): A jury awarded $68.5 million to the family of a man who died after falling 50 feet from scaffolding due to a dangerous guardrail and safety violations.
  • $10.25 Million Verdict (New York 2024): A construction worker was awarded $10.25 million after falling from a scaffolding platform.
  • $6 Million Settlement (New York): A union waterproofer received a $6 million settlement after falling from an exterior scaffold, sustaining significant injuries and economic damages.
  • $825,000 Settlement: A 30-year-old worker received $825,000 after a scaffolding collapse caused him to fall eight to ten feet, resulting in a broken knee and back injuries.

Seeking Justice and Fair Compensation

Filing a scaffolding accident lawsuit is a complex process, but it is a crucial step in seeking justice and fair compensation for your injuries. By understanding your legal options, following the necessary steps, and enlisting the help of an experienced attorney, you can protect your rights and work towards a more secure future.