Scaffolding Accident: What You Need to Know

Construction sites are inherently dangerous, and scaffolding accidents are a significant contributor to worker injuries and fatalities. In fact, falls from height are the leading cause of death in construction, with scaffolding being involved in about one in four fatal falls. Understanding the risks, safety regulations, and legal rights following a scaffolding accident is crucial for protecting yourself or your loved ones.

The Scope of the Problem

The U.S. Bureau of Labor Statistics found that 72% of workers injured in scaffolding accidents reported that the accident was caused by the planking or support giving way, or because the employee slipped or was struck by a falling object. An estimated 2.3 million construction workers, approximately 65% of the construction industry, work on scaffolds. This highlights the widespread reliance on scaffolding and the potential for accidents across various trades, including painters, ironworkers, carpenters, steelworkers, bricklayers, and electricians.

Common Causes of Scaffolding Accidents

Scaffolding accidents can stem from a variety of factors, often interconnected. Identifying these causes is the first step in prevention and, if an accident occurs, in determining liability. The main causes include:

System Failures: These involve the malfunction or collapse of the scaffolding structure itself.
- Platform or Planking Issues: Breaking or slipping planks are a major cause. Defective planks may include wormholes, splits or knots.
- Foundation Problems: Buckling, tilting, or rolling due to inadequate support.
- Connection Failures: Inadequate connections or anchorage can cause the scaffold to shift or fall apart.
Environmental Factors: External conditions can create hazardous situations.
- Weather: Strong wind gusts, rain, and ice can destabilize scaffolds and create slippery surfaces.
- Noise: Excessive noise can make it difficult for workers to communicate and be aware of their surroundings.
Human Factors: These involve errors or negligence on the part of workers or employers.
- Inadequate Training: Lack of proper training on safety procedures and equipment use.
- Improper Use: Falling off scaffolding due to inattention or incorrect use of equipment.
- Overloading: Exceeding the scaffold’s weight capacity with workers, materials, or tools.
- Impairment: Drug or alcohol impairment affecting judgment and coordination.
Defective Scaffolding: Accidents can be triggered by negligent manufacturing practices, leading to the production of substandard equipment with flaws that compromise worker safety.
Improper Construction: Scaffolding must be built correctly to be safe for usage. A significant cause of scaffolding accidents on construction sites is improper scaffolding construction, such as failing to securely fasten all attachment points, failing to build appropriate bracing, and failing to provide guardrails.
Inadequate Maintenance: It is essential to maintain a scaffold to preserve its structural integrity properly. If the structure is old, your employer needs to replace it. In addition, if the scaffold is not adequately maintained, it could lead to slippery surfaces and other safety hazards.
Falling Objects: Workers below scaffolds are at risk of being struck by tools or materials dropped from above.

Common Injuries Resulting from Scaffolding Accidents

The injuries sustained in scaffolding accidents can range from mild to catastrophic, often resulting in long-term disabilities or fatalities. Common injuries include:

Traumatic Brain Injuries (TBIs): Resulting from falls or being struck by falling objects, TBIs can cause cognitive impairments, memory loss, and emotional changes.
Spinal Cord Injuries: These can lead to paralysis, chronic pain, and reduced mobility.
Broken Bones and Fractures: Arms, legs, ribs, and collarbones are particularly vulnerable in falls or collapses.
Cuts and Lacerations: Contact with sharp edges or debris can cause deep cuts, potentially damaging tendons, muscles, and nerves.
Internal Injuries: Falls can cause damage to internal organs, leading to life-threatening complications.
Emotional Trauma: Fear, anxiety, and post-traumatic stress disorder (PTSD) can be the unseen wounds of a traumatic accident.

OSHA Regulations and Safety Standards

The Occupational Safety and Health Administration (OSHA) sets forth specific regulations to ensure scaffolding safety on construction sites. Compliance with these standards is crucial for preventing accidents and protecting workers. Key OSHA requirements include:

Fall Protection: Guardrails, safety harnesses, or personal fall arrest systems are required at heights of 10 feet or more.
Guardrails: Must be installed on all open sides of scaffolds above 10 feet. Top rails must be between 38-45 inches high and withstand at least 200 lbs of force. Midrails must be installed halfway between the top rail and platform.
Weight Capacity: Scaffolds must be able to support at least four times their maximum intended load without failure.
Platform Construction: Platforms must be fully decked between the front uprights and the guardrails, with no gaps or missing planks.
Access: Safe access must be provided when scaffold platforms are more than two feet above or below a point of access. Acceptable means of access include ladders, stair towers, and ramps.
Footing and Stability: Scaffolds must rest on firm, level foundations.
Inspection: A competent person must inspect the scaffold before each work shift and after any event that could affect its structural integrity.
Training: Workers must be trained on recognizing and avoiding fall hazards, load capacities, and proper use of safety equipment.

Legal Rights and Compensation After a Scaffolding Accident

If you’ve been injured in a scaffolding accident, understanding your legal rights is essential for seeking fair compensation. Depending on the circumstances, you may be entitled to compensation for:

Medical Expenses: Covering all medical care, from emergency room visits and surgeries to ongoing therapy and rehabilitation.
Lost Wages: Compensation for wages lost while unable to work, as well as loss of future earning capacity if injuries prevent a return to your former job.
Pain and Suffering: Addressing the physical pain and emotional distress caused by the injuries.
Other Out-of-Pocket Costs: Including prescription medications, medical equipment, and home or vehicle modifications to accommodate a disability.

Potential Avenues for Compensation

Workers’ Compensation: This system provides benefits to workers injured on the job, regardless of fault. It typically covers medical expenses and a portion of lost wages.
Third-Party Claims: If the accident was caused by the negligence of someone other than your direct employer (e.g., a general contractor, subcontractor, property owner, or equipment manufacturer), you may be able to file a personal injury lawsuit against that third party.
Product Liability Claims: If the accident was caused by a defective scaffold or safety equipment, you may have a claim against the manufacturer, distributor, or supplier of that product.

Proving Your Claim

To successfully pursue a scaffolding accident claim, it’s crucial to gather evidence that demonstrates the cause of the accident and the extent of your injuries. This evidence may include:

Medical Records: Documenting the nature and extent of your injuries, treatment received, and future medical needs.
Accident Reports: Including reports filed with your employer, OSHA, or other relevant agencies.
Witness Statements: Accounts from coworkers or other individuals who witnessed the accident.
Photographs and Videos: Capturing the scene of the accident, the condition of the scaffolding, and your injuries.
Expert Testimony: From engineers or safety professionals who can assess the scaffolding’s condition and identify any safety violations.

Time Limits for Filing a Claim

It’s important to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In many jurisdictions, the statute of limitations for personal injury claims is three years from the date of the accident. However, there may be exceptions to this rule, so it’s best to consult with an attorney as soon as possible to protect your rights.

Advice

Prioritize Safety: Always follow safety protocols and use appropriate safety equipment when working on or around scaffolding.
Report Hazards: If you notice any unsafe conditions on a scaffold, report them to your supervisor immediately.
Seek Medical Attention: After a scaffolding accident, seek medical attention promptly, even if you don’t think you’ve been seriously injured.
Document Everything: Keep detailed records of the accident, your injuries, and any related expenses.
Consult an Attorney: If you’ve been injured in a scaffolding accident, consult with an experienced personal injury attorney to discuss your legal rights and options.

Conclusion

Scaffolding accidents can have devastating consequences for workers and their families. By understanding the risks, safety regulations, and legal rights, you can take steps to protect yourself and seek justice if an accident occurs.