Seeking Justice: Filing a Wrongful Death Lawsuit After a Fatal Scaffolding Accident

The construction industry, while vital to our infrastructure, carries inherent risks. Among these, scaffolding accidents are a significant cause of severe injuries and fatalities. According to the United States Bureau of Labor Statistics (BLS), scaffold-related accidents result in roughly 60 deaths and 4,500 injuries every year. When a fatal scaffolding accident occurs due to negligence or unsafe conditions, the surviving family members have the right to seek justice and compensation through a wrongful death lawsuit.

Understanding the Scope of the Problem

Scaffolding accidents are, unfortunately, a recurring issue in the construction sector. Falls from scaffolds account for roughly 25% of fatal falls from all working surfaces. In fact, OSHA data indicates that scaffolding accidents account for approximately 80 deaths annually and over 10,000 injuries each year. These statistics highlight the critical need for stringent safety measures and accountability on construction sites.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action brought by the deceased’s survivors against the party or parties responsible for their loved one’s death. It aims to recover damages for the losses suffered by the family due to the untimely passing of the deceased. These damages can include:

Economic Damages: These are tangible financial losses, such as:
- Loss of the deceased’s income and future earnings
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of benefits, such as health insurance or retirement funds
- The value of household services the deceased provided
Non-Economic Damages: These are intangible losses that are more difficult to quantify, such as:
- Loss of companionship, love, and affection
- Loss of guidance and support
- Pain and suffering

Elements of a Wrongful Death Claim

To successfully pursue a wrongful death lawsuit after a fatal scaffolding accident, you must establish the following four elements:

Duty of Care: The defendant (the party being sued) owed a duty of care to the deceased. This means they had a legal obligation to act reasonably and avoid causing harm. For example, a construction company has a duty to provide a safe working environment for its employees.
Breach of Duty: The defendant breached their duty of care through negligence, recklessness, or intentional misconduct. This could involve failing to provide adequate safety equipment, neglecting to inspect the scaffolding, or violating OSHA regulations.
Causation: The defendant’s breach of duty directly caused the deceased’s death. There must be a clear link between the defendant’s actions and the fatal accident.
Damages: The surviving family members suffered measurable damages as a result of the death. This includes both economic and non-economic losses.

Common Causes of Scaffolding Accidents

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

Scaffold Support or Planking Failure: Defective equipment, improper assembly, or overloading can cause the scaffolding to collapse. According to a recent BLS study, 72% of scaffold accidents can be attributed to this cause.
Lack of Fall Protection: OSHA requires fall protection at heights of 10 feet or more. This includes guardrails, safety harnesses, or personal fall arrest systems.
Falling Objects: Tools, equipment, or debris falling from the scaffold can strike workers below, causing serious injuries or fatalities.
Electrocution: Scaffolds and equipment too close to power lines can lead to electrocution.
Environmental Factors: Wind, rain, and hazardous substances can create unsafe working conditions.
Human Error: Inadequate training, lack of proper PPE, or inattention to safety protocols can contribute to accidents.

Who Can File a Wrongful Death Lawsuit?

State laws dictate who is eligible to file a wrongful death claim. Typically, the following individuals have the right to sue:

Surviving spouse
Children
Parents
Dependents

In some states, the personal representative of the deceased’s estate may file the lawsuit on behalf of the beneficiaries.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which is the time limit for filing a lawsuit. In most states, the statute of limitations for wrongful death cases is two years from the date of death. However, this can vary depending on the state and the specific circumstances of the case. Failing to file a lawsuit within the applicable time frame can result in the loss of your right to seek compensation.

There are some exceptions to the statute of limitations. For example, the “discovery rule” may apply if the cause of death was not immediately apparent. In such cases, the clock may start ticking from the date the cause of death was discovered or should have been discovered with reasonable diligence.

OSHA Regulations and Scaffolding Safety

The Occupational Safety and Health Administration (OSHA) has established extensive and detailed safety rules regarding the assembly and use of scaffolds, as well as the training and precautions workers need to take. These regulations cover various aspects of scaffolding safety, including:

Scaffold Design and Construction: Scaffolds must be structurally sound and capable of supporting at least four times the maximum 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.
Inspections: A competent person must inspect the scaffolding before each work shift to identify any hazards.
Training: Employers must provide training to all employees involved in scaffolding work, covering topics such as hazard recognition, fall protection, and proper use of the scaffold.

Choosing the Right Attorney

Filing a wrongful death lawsuit can be a complex and emotionally challenging process. It’s essential to have an experienced and compassionate attorney on your side to guide you through the legal proceedings and fight for your rights. When choosing a wrongful death lawyer, consider the following factors:

Experience: Look for a lawyer or law firm with a proven track record in handling wrongful death cases, particularly those involving construction accidents and scaffolding collapses.
Reputation: Research the attorney’s reputation and reviews from past clients.
Resources: Ensure the attorney has the resources and expertise to thoroughly investigate the accident, gather evidence, and build a strong case.
Compassion: Choose an attorney who is empathetic and understanding of the emotional toll you are experiencing.
Transparency: Discuss the fee structure upfront and ensure you understand all costs associated with legal representation.

Recent Scaffolding Accident Lawsuits

Several recent cases highlight the devastating consequences of scaffolding accidents and the importance of seeking justice through legal action. For example, in June 2025, the family of an ironworker who died in a scaffolding collapse at a Chicago construction site was awarded \$23.5 million in a wrongful death lawsuit. In another case, the families of two workers who died in a scaffolding collapse in Texas filed a wrongful death lawsuit against the construction companies involved. And in a 2025 case, 10 victims injured or killed in a scaffolding collapse at the John Hancock Building in Chicago received a \$75 million settlement.

Seeking Justice and Accountability

If you have lost a loved one in a fatal scaffolding accident, seeking justice through a wrongful death lawsuit can provide a sense of closure and financial security for your family. By holding the responsible parties accountable, you can help prevent similar tragedies from happening in the future. Contact an experienced wrongful death attorney today to discuss your legal options and begin the process of seeking the justice your loved one deserves.