Scaffolding Collapse: What To Do If You’re Injured

Each year, scaffolding accidents account for approximately 80 deaths and over 10,000 injuries on construction sites. These accidents, often preventable, highlight the critical need for stringent safety measures and immediate action when a collapse occurs. If you’ve been injured in a scaffolding collapse, understanding your rights and the steps to take can significantly impact your recovery and future well-being.

Common Causes of Scaffolding Collapse

Scaffolding collapses can stem from a variety of factors, often a combination of human error, environmental conditions, and material failure. Identifying the cause is crucial for preventing future accidents and determining liability. Here are some of the most common causes:

Defective Equipment: Faulty scaffolding components, such as compromised steel tubing or misaligned screws, can lead to structural failure. Regular inspections and maintenance are essential to identify and replace worn or damaged parts.
Improper Assembly: Even with sound materials, incorrect assembly can compromise a scaffold’s stability. This includes failing to properly install attachment points, neglecting necessary bracing, or omitting guardrails.
Inadequate Maintenance: Scaffolds require regular maintenance to preserve their structural integrity. Neglecting maintenance can lead to weakened materials, slippery surfaces, and other safety hazards.
Overloading: Exceeding the scaffold’s weight limit with too many workers, tools, or materials can stress the structure beyond its capacity, leading to collapse. Dynamic loading, such as dropping heavy objects, can also create unexpected stress. OSHA rules state that each component of a scaffold system must be able to support its own weight and at least four times the maximum intended load transmitted to that component.
Inadequate Securing: Scaffolds must be securely anchored to the building or ground to withstand loads and environmental forces like wind. Insufficient anchoring or improper bracing can cause swaying or toppling.
Environmental Factors: High winds, extreme temperatures, and storms can weaken scaffolding and increase the risk of collapse. Work should be suspended during hazardous weather conditions. Snow load also needs to be considered in the design.
Electrical Hazards: Contact with overhead power lines can lead to electrocution. Maintaining a safe distance from electrical lines and using non-conductive materials are crucial safety measures. OSHA requires maintaining a minimum of 10 feet distance from overhead power lines.
Lack of Training: Insufficient training in scaffold erection, use, and safety procedures can lead to errors and accidents. Workers must be trained to recognize hazards and implement control measures.

Immediate Actions If You’re Injured

If you’ve been injured in a scaffolding collapse, your immediate actions are critical for your health and any potential legal claims:

Seek Medical Attention: Even if your injuries seem minor, it’s essential to get checked by a doctor immediately. Some injuries, like internal bleeding or head trauma, may not be immediately apparent. Document all medical treatment and keep detailed records.
Report the Accident: Notify your supervisor and ensure an incident report is filed. This creates an official record of the accident and can be crucial for workers’ compensation and other legal claims.
Document the Scene: If possible, take photos and videos of the accident scene, including the collapsed scaffolding, any visible injuries, and the surrounding area. This documentation can serve as valuable evidence.
Gather Witness Information: Collect the names and contact information of any witnesses to the collapse. Their accounts can help establish the circumstances of the accident.
Avoid Making Statements: Refrain from making any statements to insurance adjusters or other parties before consulting with an attorney. Anything you say can be used against you in a legal claim.

Understanding Your Legal Rights

Following a scaffolding collapse, you may have several legal options for seeking compensation for your injuries and losses:

Workers’ Compensation: In most cases, injured workers are eligible for workers’ compensation benefits, regardless of fault. These benefits can cover medical expenses, lost wages, and rehabilitation costs. However, workers’ compensation may not cover all your losses, such as pain and suffering.
Third-Party Lawsuits: You may be able to file a personal injury lawsuit against a negligent third party, such as a contractor, equipment manufacturer, or property owner. To succeed in a third-party claim, you must prove that the other party’s negligence directly caused your fall.
Personal Injury Lawsuits: If the accident was caused by employer negligence, unsafe work conditions, or OSHA violations, injured workers may pursue a personal injury lawsuit for additional compensation beyond workers’ compensation.
Wrongful Death Claims: If a loved one died in a scaffolding accident, you may be able to file a wrongful death lawsuit to recover funeral expenses, loss of financial support, and emotional damages.

Potential Liable Parties

Determining who is liable for a scaffolding collapse can be complex, as multiple parties may share responsibility. Potential liable parties include:

Employers: Employers have a duty to provide a safe work environment and comply with OSHA regulations. They may be liable for negligence in failing to properly train workers, inspect scaffolding, or provide necessary safety equipment.
Contractors and Subcontractors: Contractors and subcontractors responsible for erecting or maintaining scaffolding may be liable for defects or improper installation.
Scaffolding Manufacturers: Manufacturers of defective scaffolding components may be liable for injuries caused by their products.
Property Owners: Property owners may be liable if they knew or should have known about unsafe conditions on their property and failed to take corrective action.

The Role of OSHA

The Occupational Safety and Health Administration (OSHA) sets and enforces safety standards for scaffolding to protect workers from hazards. OSHA regulations cover various aspects of scaffolding, including:

Structural Integrity: Scaffolding must be designed by a qualified individual and capable of supporting at least four times the intended load.
Fall Protection: Guardrails, safety harnesses, or personal fall arrest systems are required at heights of 10 feet or more.
Access: Safe access to scaffolding platforms must be provided, such as ladders or stair towers. Cross braces should not be used as a means of access.
Inspections: Scaffolding must be inspected before each shift by a competent person to ensure it is safe for use.
Training: Workers must be trained on the proper use of scaffolding, hazard recognition, and fall protection techniques.

Reporting Scaffolding Accidents to OSHA

Employers are required to report certain scaffolding accidents to OSHA, including:

Fatalities: A fatality must be reported within 8 hours.
In-Patient Hospitalizations, Amputations, or Eye Loss: These incidents must be reported within 24 hours.

Workers can also file a complaint with OSHA if they believe their employer is violating safety standards. OSHA investigates complaints and can issue citations and penalties for violations.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In New York, the statute of limitations for personal injury claims, including construction accidents, is generally three years from the date of the injury. However, certain claims, particularly those involving municipal entities, may have shorter deadlines. For wrongful death claims in New York, the statute of limitations is two years from the date of death. Missing the deadline can result in losing your case entirely.

Seeking Legal Assistance

Scaffolding collapse cases can be complex, involving multiple parties, intricate regulations, and significant legal challenges. Consulting with an experienced personal injury attorney can help you understand your rights, navigate the legal process, and maximize your chances of recovering the compensation you deserve. An attorney can:

Investigate the accident and gather evidence.
Identify all potential liable parties.
Negotiate with insurance companies.
File a lawsuit and represent you in court, if necessary.

If you or a loved one has been injured in a scaffolding collapse, don’t hesitate to seek legal assistance. Protecting your rights and securing your future starts with taking the right steps today.