What Damages Can You Recover in a Scaffolding Injury Case?

A construction site is a dynamic environment with many moving parts, and scaffolding is often at the center of the activity. While essential for various construction tasks, scaffolding presents significant risks. According to the Bureau of Labor Statistics, there were 57 deaths caused by falls from scaffolding or staging platforms in 2012. When accidents happen, understanding your rights and the types of compensation you can pursue is crucial. If you’ve been injured in a scaffolding accident, you may be wondering: What damages can you recover in a scaffolding injury case?

Understanding Liability in Scaffolding Accidents

Determining who is liable is a critical first step. Several parties could be responsible, including:

Employers: Employers have a legal duty to provide a safe working environment. This includes ensuring that scaffolding is properly erected, regularly inspected, and safe for workers. They must also provide adequate training and safety equipment.
Contractors: General contractors are often responsible for the overall safety of the construction site, including scaffolding.
Scaffolding Manufacturers: If the accident was caused by a defect in the scaffolding itself, the manufacturer could be held liable.
Subcontractors: A third-party contractor could be liable if a scaffolding accident occurs during the construction process.

Types of Damages You Can Recover

If you’ve been injured in a scaffolding accident due to someone else’s negligence, you may be entitled to various types of compensation, which are generally categorized into economic and non-economic damages.

Economic Damages: Covering Your Financial Losses

Economic damages are intended to cover the tangible financial costs you’ve incurred due to the injury. These are typically easier to quantify as they involve bills, receipts, and wage statements. Examples include:

Medical Expenses: This covers all medical care costs, including emergency room visits, surgeries, hospital stays, physical therapy, rehabilitation, and future medical needs.
Lost Income: You can recover lost wages for the time you’ve been unable to work due to your injuries. This also includes compensation for the loss of future earning capacity if your injuries prevent you from returning to your previous job or earning the same income.
Other Out-of-Pocket Costs: This includes expenses like prescription medications, necessary medical equipment (such as wheelchairs), and modifications to your home or vehicle to accommodate a disability.

Non-Economic Damages: Addressing the Intangible Losses

Non-economic damages are intended to compensate you for the intangible losses you’ve suffered due to the accident. These are more subjective and can be challenging to quantify, but they are crucial in acknowledging the full impact of the injury on your life. Examples include:

Pain and Suffering: This compensates you for the physical pain and discomfort you have endured and may continue to endure.
Mental Anguish: This addresses the emotional trauma of the event, including conditions like anxiety, depression, or post-traumatic stress disorder (PTSD).
Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you once enjoyed, you may be compensated for this loss.
Loss of Consortium: This covers the impact of your injuries on your relationships with family and loved ones.

Additional Compensation Considerations

Workers’ Compensation: In most states, workers’ compensation provides medical coverage and partial wage replacement if you’re injured on the job, regardless of fault. However, benefits have limitations.
Third-Party Claims: If your fall was caused by the negligence of someone other than your direct employer, you can file a personal injury lawsuit against that third party. This is the path to recovering all your economic and non-economic damages. Examples of third parties include the general contractor, the scaffolding manufacturer, or another subcontractor.
Punitive Damages: In some cases, if the at-fault party’s conduct was particularly egregious or reckless, you may be awarded punitive damages. These damages are intended to punish the wrongdoer and deter similar conduct in the future.

How to Maximize Your Compensation

To ensure you receive fair compensation, consider the following:

Seek Immediate Medical Attention: Prompt medical care is essential for your health and provides documentation of your injuries.
Document Everything: Keep detailed records of all medical treatments, expenses, lost income, and other related costs.
Gather Evidence: Collect any evidence related to the accident, such as photos of the scene, witness statements, and incident reports.
Consult with an Experienced Attorney: A scaffolding accident lawyer can evaluate your case, advise you on your legal options, and help you navigate the claims process.

Recent Settlements and Verdicts

Reviewing settlements and verdicts in similar cases can provide insight into the potential value of your claim. Recent examples include:

$68.5 Million Verdict (Pennsylvania 2024): A jury awarded this amount to the family of a man who died after falling 50 feet from scaffolding.
$10.25 Million Verdict (New York 2024): A construction worker received this award after falling from a scaffolding platform and sustaining disc herniations and other injuries.
$1.5 Million Settlement (New York 2023): A construction worker who sustained multiple fractures after falling 25 feet from a roof reached this settlement.
$6 Million Settlement (New York): A union waterproofer who fell from an exterior scaffold due to the lack of safety devices received this settlement.

The Importance of Legal Representation

Scaffolding accident cases can be complex, involving multiple parties and intricate legal issues. An experienced attorney can help you:

Investigate the Accident: Determine the cause of the accident and identify all liable parties.
Build a Strong Case: Gather evidence, interview witnesses, and consult with experts to support your claim.
Negotiate with Insurance Companies: Handle communications with insurance companies and negotiate a fair settlement.
Represent You in Court: If a settlement cannot be reached, an attorney can represent you in court and advocate for your rights.

Conclusion

If you or a loved one has been injured in a scaffolding accident, it’s essential to understand your legal rights and the types of damages you can recover. By seeking medical attention, documenting your losses, and consulting with an experienced attorney, you can protect your interests and pursue the compensation you deserve.