OSHA Violation in Scaffolding Accident? How to File a Claim and Protect Your Rights

Each year, construction workers face significant risks on the job, and scaffolding accidents are a leading cause of injuries and fatalities. According to the Bureau of Labor Statistics, unsafe scaffolding contributed to 3,400 injuries and 56 work-related deaths in the U.S. in 2020. If you’ve been injured in a scaffolding accident, especially one involving an OSHA violation, it’s crucial to understand your rights and how to file a claim to protect them.

Understanding OSHA’s Role in Scaffolding Safety

The Occupational Safety and Health Administration (OSHA) sets and enforces standards to ensure safe working conditions. These standards are extensive and detailed, specifying everything from fall protection measures and guardrail heights to inspections and training. OSHA’s scaffolding standard covers various types of scaffolds, ladders, stilts, protection from falling objects, weather conditions, and other related hazards.

OSHA’s requirements aim to protect workers from potential dangers, including falls, falling structures, and collapses. Compliance with OSHA’s provisions allows employers to reduce workplace hazards associated with working from above ground.

Common Causes of Scaffolding Accidents and OSHA Violations

Many scaffolding accidents stem from a failure to comply with OSHA safety standards. Some of the most frequent causes include:

Lack of Fall Protection: OSHA requires employees on a scaffold more than 10 feet above a lower level to be protected from falling. This can be achieved through guardrails, personal fall arrest systems, or both. A missing or inadequate fall protection system is a common OSHA violation.
Scaffold Collapse: Scaffolds must be structurally sound and capable of supporting at least four times the maximum intended load. Overloading, using damaged components, or improper assembly can lead to collapses.
Falling Objects: Tools, equipment, and debris falling from scaffolds can cause serious injuries. OSHA mandates the use of toe boards, screens, or guardrail systems to prevent objects from falling.
Electrocution: Scaffolds near overhead power lines pose a significant electrocution risk. OSHA standards address the necessary precautions to prevent this hazard.
Improper Access: OSHA requires safe access to all scaffold platforms, typically via ladders, stair towers, or ramps. Climbing on cross braces or frames not designed for climbing is a violation.
Inadequate Training: OSHA requires employers to ensure that employees are adequately trained in the use of scaffolding. This includes hazard recognition, scaffold use, load limits, and emergency procedures.

Identifying an OSHA Violation

An OSHA violation occurs when an employer fails to comply with OSHA standards, creating an unsafe working environment. In the context of scaffolding accidents, violations might include:

Missing Guardrails: Scaffolds higher than 10 feet must have guardrails on all open sides and ends.
Unstable Platform: Scaffold platforms must be fully planked or decked to provide stability.
Lack of Inspections: OSHA requires regular inspections of scaffolding before each use.
Failure to Provide Training: Workers must receive comprehensive training on scaffold safety.
Using Damaged Equipment: Defective or damaged scaffolding components must not be used.

Steps to Take After a Scaffolding Accident Involving an OSHA Violation

If you’ve been involved in a scaffolding accident where you suspect an OSHA violation occurred, here’s how to protect your rights:

Prioritize Safety and Seek Medical Attention: Your health is the top priority. Even if you don’t think you are hurt, get checked by a medical professional immediately after an accident.
Report the Accident to Your Supervisor: Notify your supervisor of the accident as soon as possible. This creates a record of the incident and is essential for workers’ compensation and potential legal claims.
Document the Accident Scene: If possible, take photos and videos of the accident scene, including the scaffolding, any visible hazards, and your injuries.
Gather Witness Information: Collect contact information from any coworkers or bystanders who witnessed the accident.
File an Incident Report with OSHA: OSHA requires employers to report a worker’s death within 8 hours and any incident resulting in the loss of a limb, eye, loss of consciousness, or hospitalization of a worker within 24 hours. If your employer doesn’t take your scaffolding accident seriously, you can always file a report directly with OSHA yourself.
Contact a Construction Accident Lawyer: An experienced attorney can help you understand your legal options, investigate the accident, and file the necessary claims to recover compensation for your injuries.

Filing a Claim and Protecting Your Rights

Following a scaffolding accident, you may have several avenues for seeking compensation:

Workers’ Compensation: Most construction workers are entitled to workers’ compensation benefits, regardless of who caused the accident. Workers’ compensation covers medical expenses and lost wages but may not cover all your losses.
Personal Injury Claim: If a third party’s negligence contributed to the accident (e.g., a defective scaffold design, a negligent contractor), you may be able to file a personal injury claim. This can provide compensation for pain and suffering, as well as other damages not covered by workers’ compensation.

The Role of a Construction Accident Lawyer

A construction accident lawyer can play a crucial role in protecting your rights and maximizing your compensation after a scaffolding accident. They can:

Investigate the Accident: Gather evidence, interview witnesses, and determine the cause of the accident.
Identify OSHA Violations: Determine if any OSHA standards were violated and use this as evidence to support your claim.
Determine Liability: Identify all responsible parties, including employers, contractors, and manufacturers.
File Claims: File workers’ compensation claims and personal injury lawsuits on your behalf.
Negotiate with Insurance Companies: Negotiate with insurance companies to reach a fair settlement.
Represent You in Court: If a fair settlement cannot be reached, represent you in court to pursue your case.

Understanding OSHA Penalties

OSHA violations can result in significant financial penalties for employers. As of 2025, the maximum penalties are:

Serious Violations: \$16,550 per violation
Other-Than-Serious Violations: \$16,550 per violation
Willful or Repeated Violations: \$165,514 per violation
Failure to Abate (Unresolved Hazard): \$16,550 per day past abatement date

These penalties underscore the importance of OSHA compliance and the potential consequences of neglecting worker safety.

Key Considerations for Protecting Your Rights

Report the Accident Promptly: Timely reporting is crucial for preserving your eligibility for workers’ compensation benefits and potential legal claims.
Document Everything: Keep detailed records of medical treatment, lost wages, and other expenses related to the accident.
Consult with an Attorney: Seek legal advice from a qualified construction accident lawyer as soon as possible.
Be Aware of Deadlines: There are deadlines for filing workers’ compensation claims and personal injury lawsuits, so it’s essential to act quickly.

Conclusion

Scaffolding accidents can have devastating consequences, but understanding your rights and taking the appropriate steps can help you protect your future. If you’ve been injured in a scaffolding accident involving an OSHA violation, don’t hesitate to seek legal assistance. An experienced construction accident lawyer can guide you through the claims process and fight for the compensation you deserve.