Injured in a Scaffolding Collapse? Understanding Your Rights and Legal Options

Injured in a Scaffolding Collapse? Understanding Your Rights and Legal Options

Each year, construction sites across the country see numerous accidents, and scaffolding collapses are among the most devastating. According to the Bureau of Labor Statistics (BLS), scaffolds and staging accounted for 14% of fatal falls in construction between 2003 and 2013. If you’ve been injured in a scaffolding collapse, it’s essential to understand your rights and the legal options available to you.

The High Stakes of Scaffolding Work

Scaffolding is a temporary structure that provides a platform for workers to perform tasks at heights. OSHA estimates that 65% of the construction industry uses scaffolding. While scaffolding is essential for many construction projects, it also poses significant risks. Common hazards include falls, tip-overs, structural collapses, electrocutions, and being struck by falling materials. When these hazards aren’t properly managed, the results can be catastrophic.

What Causes Scaffolding Collapses?

Many factors can contribute to scaffolding collapses, all of which can generally be attributed to negligence. Identifying the cause is crucial for determining liability and pursuing a claim for damages. Some of the most common causes include:

  • Improper Construction and Assembly: Scaffolding must be erected according to the manufacturer’s guidelines and industry standards. Deviations in assembly, including the misuse of components or incomplete structures, significantly compromise the scaffold’s integrity.
  • Defective Equipment: Defective scaffolding is an unfortunate cause of scaffolding collapses. Substandard materials or poor workmanship can lead to structural failure, collapse, or unexpected malfunctions.
  • Inadequate Training and Safety Equipment: Employers have a duty to train their workers on how to protect themselves during a fall from a scaffold. This includes providing fall protection equipment like guardrails and personal fall arrest systems (harnesses).
  • Overloading: Scaffolding is designed to support a certain amount of weight. Exceeding the weight capacity with too many workers or too much equipment can lead to structural failure.
  • Lack of Maintenance: Regular maintenance is crucial for ensuring scaffolding’s safety. Corrosion, wear and tear, and damage from previous use can weaken scaffolding components.
  • Environmental Factors: Weather conditions play a significant role in scaffolding safety. High winds can destabilize scaffolds, especially if they are not properly secured. Rain or snow can make scaffolding platforms slippery, increasing the risk of falls and adding unexpected weight.
  • Falling Objects: Tools or construction material falling from above can cause scaffolding collapses or strike workers below.

Common Injuries from Scaffolding Accidents

Scaffolding collapses and accidents can result in a wide range of severe injuries, including:

  • Broken bones
  • Crushing injuries
  • Scarring and disfigurement
  • Loss of limbs
  • Internal organ damage
  • Neck and back injuries
  • Spinal cord injuries
  • Nerve damage
  • Paralysis
  • Traumatic brain injuries (TBI)
  • Knee and shoulder injuries
  • Electrocution
  • Death

Understanding Your Legal Rights

If you’ve been injured in a scaffolding collapse, you have legal rights that protect you and allow you to seek compensation for your injuries and losses. These rights may include:

  • Workers’ Compensation: If you were injured while working on scaffolding, you are likely eligible for workers’ compensation benefits. Workers’ compensation provides medical benefits and wage replacement, regardless of fault. In Georgia, workers’ compensation benefits should pay for all reasonably necessary medical care and can also cover a portion of your lost wages if you cannot return to work.
  • Third-Party Claims: In addition to workers’ compensation, you may have a third-party claim against someone other than your employer who contributed to the accident. Potentially liable parties in a scaffolding collapse accident include:
    • Engineers
    • Subcontractors
    • Architects
    • Product manufacturers
    • Property owners
    • General contractors
    • Scaffolding companies
  • Personal Injury Lawsuit: If negligence or recklessness caused the scaffolding collapse, you might have grounds for a personal injury lawsuit. This allows you to seek damages for medical expenses, lost wages, pain and suffering, and other losses.

Who Can Be Held Liable?

Determining liability in a scaffolding collapse case can be complex, as multiple parties may share responsibility. Some of the parties who could be held liable include:

  • Employers: Employers have a legal duty to ensure a safe working environment, including proper scaffolding installation, maintenance, and inspections.
  • Contractors and Subcontractors: Those responsible for the construction project may also be liable if they were negligent in supervising, planning, or executing the project, leading to unsafe scaffolding.
  • Property Owners: Property owners have a responsibility to maintain a safe construction site.
  • Scaffolding Manufacturers: Companies providing or erecting scaffolding must ensure its safety and compliance with regulations.

Taking Legal Action

If you’ve been injured in a scaffolding collapse, here are some steps you can take to protect your rights and pursue a claim:

  1. Seek Immediate Medical Attention: Your health is the top priority. Get prompt medical attention and keep detailed records of all treatment.
  2. Report the Accident: Report the accident to your employer immediately. You typically have a limited time to report a work injury.
  3. Document Everything: Take photos of the accident scene, the scaffolding, and your injuries. Gather names and statements from witnesses.
  4. Consult with a Scaffolding Accident Lawyer: An experienced attorney can evaluate your case, explain your legal options, and help you navigate the claims process.

The Importance of OSHA Regulations

The Occupational Safety and Health Administration (OSHA) sets federal standards for safe scaffold use. These standards are outlined in detail in their Guide to Scaffold Use in the Construction Industry. OSHA’s scaffolding requirements aim to protect workers from potential dangers in the workplace, including falls, structural failures, and collapses. Compliance with OSHA’s provisions allows employers to reduce workplace hazards associated with working from above ground.

OSHA mandates regular inspections of scaffolding systems to ensure worker safety. Scaffolds must be inspected at several stages, including:

  • Before Each Work Shift
  • After Any Event That Could Compromise Safety

Navigating Workers’ Compensation

In many states, including Georgia and New York, workers’ compensation laws prevent injured employees from suing their employers directly. Instead, their remedy regarding their employer is to file a claim for workers’ compensation benefits. However, workers are often allowed to sue at-fault third parties, depending on the circumstances of the accident.

The Scaffold Law in New York

New York’s Labor Law § 240, also known as the Scaffold Law, is a state statute that holds property owners and construction managers/contractors liable when an employee without proper safety equipment is injured while working on scaffolding. This law imposes strict liability when workers are injured due to a violation.

Seeking Compensation

Damages sought in scaffolding accident claims can include:

  • Medical costs and expenses
  • Lost wages and future earnings
  • Pain and suffering
  • Loss of quality of life
  • Rehabilitation expenses
  • Permanent impairment compensation

Don’t Wait, Take Action Today

If you or a loved one has been injured in a scaffolding collapse, it’s crucial to understand your rights and legal options. Contact an experienced personal injury attorney specializing in construction accidents to discuss your case and determine the best course of action.