Wrongful Death Lawsuits: Seeking Justice After a Fatal Scaffolding Accident

The construction industry, while vital to our infrastructure, is fraught with dangers. Among these, scaffolding accidents stand out as particularly devastating, often leading to severe injuries or fatalities. When a fatal scaffolding accident occurs due to negligence or unsafe conditions, the surviving family members may have grounds to file a wrongful death lawsuit, seeking justice and compensation for their profound loss. In 2023, falls contributed to 256 out of 688 worker deaths in construction accidents.

Understanding the Scope of the Problem

Scaffolding accidents are, unfortunately, a recurring tragedy. Falls from height are the leading cause of death in construction, with scaffolding involved in about one in four fatal falls. According to the Bureau of Labor Statistics, approximately 60 deaths and 4,500 injuries occur each year due to scaffolding-related incidents. These accidents not only result in immense personal suffering but also lead to significant financial losses, with employers losing almost $90 million annually due to workdays lost.

Common Causes of Fatal Scaffolding Accidents

Many factors can contribute to scaffolding accidents, but some of the most prevalent include:

Scaffold Collapse: System failures occur when a part or parts falter, leading to instability or scaffolding collapse. This can include issues with the foundation, support elements, connections, or safety devices. Problems with scaffolding foundations can lead to buckling, tilting, or rolling, while inadequate connections or anchorage may cause scaffolds to shift or fall apart under pressure.
Falls: Falls from scaffolding frequently occur because safety rails are not installed or because workers are not equipped with reliable safety harnesses. Workers can also fall if they are improperly trained in the use of these harnesses, or if they are not trained in the methods required to work and stay safe on scaffolding.
Falling Objects: When construction materials and tools are not properly secured on the scaffold, or when debris is not promptly removed, these objects can become deadly missiles as they fall. Even at short heights, small tools and other light objects can cause serious, potentially lethal injuries.
Electrocution: Electrocution as a result of scaffolds and equipment being too close to power or utility lines.
Environmental Factors: Environmental factors are often spontaneous and unplanned, making them particularly dangerous. External forces such as wind, noise, or sudden temperature changes can catch workers off guard and throw them off balance. Weather-related conditions, like rain or ice, can also make scaffolding slippery and hazardous.
Human Error: Human factors often stem from negligence or a failure to recognize the risks associated with working at heights. Many scaffold-related accidents can be attributed to inadequate training, lack of proper personal protective equipment (PPE), or inattention to safety protocols.

In a recent study by the U.S. Bureau of Labor Studies, 72% of workers injured in scaffolding accidents said it occurred because of the planking or support giving way or because of the employee slipping or being struck by a falling object.

Legal Recourse: Wrongful Death Lawsuits

When a scaffolding accident results in a fatality, the victim’s family may pursue a wrongful death lawsuit. This type of lawsuit aims to hold the responsible parties accountable for their negligence or misconduct that led to the death.

Who Can File a Wrongful Death Lawsuit?

Typically, the following individuals have the right to file a wrongful death claim:

Surviving spouse
Children
Parents
Dependents of the deceased

Some states require that a personal representative of the deceased’s estate file the lawsuit.

Establishing Negligence

To win a wrongful death lawsuit, it’s crucial to establish that the death was caused by negligence. This involves demonstrating that the defendant (the party being sued) had a duty of care to the deceased, breached that duty, and that the breach directly caused the fatal accident.

Potential defendants in a scaffolding accident wrongful death lawsuit can include:

Construction Companies: Responsible for maintaining a safe work environment and adhering to safety regulations.
Contractors and Subcontractors: Tasked with ensuring the proper erection and maintenance of scaffolding.
Scaffolding Manufacturers: Liable for defective equipment or faulty designs.
Property Owners: Responsible for maintaining safe premises.

Types of Compensation Available

A wrongful death lawsuit can provide compensation for various types of losses, including:

Funeral and burial expenses
Medical bills incurred before death
Loss of the deceased’s expected future earnings
Loss of companionship, guidance, and support
Pain and suffering experienced by the deceased before death

Real-Life Examples

$75 Million Settlement (Chicago): In a notable case, ten victims of a scaffolding collapse at the John Hancock Building received a $75 million settlement. The victims included the families of two young women killed in their car and others who were injured. The lawsuit alleged that the responsible parties knew the scaffolding was poorly engineered but failed to take necessary safety measures.
$68.5 Million Verdict (Pennsylvania 2024): A Philadelphia jury awarded $68.5 million to the family of a man who died after falling 50 feet from a scaffolding while installing siding on a luxury townhome. The jury found OCF Construction LLC 50% liable for the incident.
$23.5 Million Settlement (Chicago 2025): The family of an Oak Forest man killed in a scaffolding collapse at the University of Chicago Hospital Cancer Pavilion construction site received a $23.5 million settlement. The lawsuit cited structural weaknesses and improper materials as contributing factors to the collapse.

These examples highlight the potential for significant compensation in wrongful death cases involving scaffolding accidents.

The Role of OSHA Regulations

The Occupational Safety and Health Administration (OSHA) plays a critical role in setting and enforcing safety standards for scaffolding in construction sites. OSHA regulations, outlined in 1926 Subpart L, cover various aspects of scaffolding safety, including:

Construction and Design Requirements: Scaffolding systems must be designed and built to meet specific safety requirements, with different regulations applying to supported scaffolds versus suspension platforms.
Capacity: Scaffolds must be able to support at least four times the maximum intended load without failure or displacement.
Fall Protection: For scaffolds over 10 feet high, guardrails or personal fall arrest systems (such as harnesses) are mandatory to protect workers from falls.
Training: Employers must provide comprehensive training to workers on the proper erection, disassembly, use, and inspection of scaffolding.
Inspection: A competent person must inspect scaffolding before each work shift and after any event that could affect its structural integrity.

The Importance of Legal Representation

Navigating a wrongful death lawsuit can be a complex and emotionally challenging process. It is highly advisable to seek the guidance of an experienced wrongful death attorney who specializes in construction accidents. A skilled attorney can:

Investigate the accident thoroughly to determine the cause and identify all liable parties.
Gather and preserve evidence, including accident reports, OSHA records, and witness statements.
Consult with experts, such as engineers and safety professionals, to build a strong case.
Negotiate with insurance companies to reach a fair settlement.
Represent the family’s interests in court if a settlement cannot be reached.

Statute of Limitations

It’s essential to be aware of the statute of limitations, which sets a deadline for filing a wrongful death lawsuit. The time limit varies by state, typically ranging from one to three years from the date of death. In California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the time of death. However, it can be one year in certain circumstances (medical malpractice cases). Failing to file a lawsuit within the prescribed time frame can result in the loss of the right to seek compensation.

Seeking Justice and Closure

Losing a loved one in a fatal scaffolding accident is a devastating experience. While no amount of money can replace the loss, a wrongful death lawsuit can provide financial security for the future and a sense of justice by holding the responsible parties accountable. If you have lost a family member in a scaffolding accident, consulting with a qualified attorney is the first step toward understanding your legal rights and pursuing the compensation you deserve.