Scaffolding is a usual feature in building construction around the country. These structures are necessary for workers to do their jobs safely at high heights, such as with building maintenance or high-rise construction. However, if scaffolding is not built, looked after, or used the right way, it can cause serious problems. Scaffolding accidents are very dangerous and even deadly in the construction sector, frequently leading to serious injuries or fatalities.
It is important to know both the safety rules for using scaffolding and what legal action you can take if something goes wrong for yourself or a loved one. The article covers the causes of scaffolding accidents, safety standards made by law, and legal options for people injured on the job.
THE RISKS OF SCAFFOLDING WORK
Scaffolding accidents can occur for a variety of reasons, including:
- Falls from height: The scaffolding accident that occurs the most frequently. Workers are at risk of falling if guardrails are missing, the platforms aren’t steady, or if workers don’t have personal fall arrest systems.
- Scaffold collapse: Scaffolding may collapse if it is built badly, has defective components, or is loaded too heavily.
- Falling objects: People standing below might get hurt if things like tools, materials, or debris fall from scaffolding.
- Electrocution: Scaffolds built close to power lines face the common risk of coming into contact with them.
- Slips and trips: When scaffolding platforms are either wet or uneven, workers may not be able to keep their balance.
As these risks exist, rules and safety measures have been set to make workplaces safer for workers. Not following the set protocols can have life-threatening results.
OSHA SCAFFOLDING SAFETY STANDARDS
OSHA, the Occupational Safety and Health Administration, is the main federal agency that makes and enforces workplace safety laws in the U.S. OSHA’s rules for scaffolding are stated in 29 CFR 1926 Subpart L. Among the main things required are:
- Proper design and construction: Scaffolds should be strong enough to keep up their own weight as well as handle four times the highest expected load.
- Fall protection: On scaffolds that are over 10 feet high, either guardrails, personal fall arrest systems, or a both must be used.
- Training: It is the employer’s duty to make sure all employees working on a scaffold receive proper training from a qualified person about scaffold dangers.
- Inspection: Before every shift and after anything happens that could change the structure, scaffolds have to be checked by a competent person.
OSHA still regularly cites scaffolding violations as among the top ten construction safety violations, despite the rules. If safety rules are broken, people responsible may face both fines from OSHA and lawsuits.
LEGAL RECOURSE AFTER A SCAFFOLDING ACCIDENT
Having an accident with scaffolding at your job might give you several legal options, depending on your situation.
Workers’ Compensation
For the most part, construction workers get workers’ compensation if they are injured. These benefits typically cover:
- Medical expenses
- Partial wage replacement
- Temporary or permanent disability
- Vocational rehabilitation
The advantage of workers’ compensation is that it does not require the injured worker to prove fault. However, it also generally bars employees from suing their employer directly for negligence.
Third-Party Lawsuits
Even if your employer is safe from most claims in workers’ compensation, you can go after other negligent parties through a personal injury lawsuit. Possible third-party defendants may include:
- Scaffold manufacturers: If the accident was caused by defective equipment.
- General contractors or subcontractors: If they failed to follow safety protocols.
- Property owners: If they were responsible for maintaining a safe environment.
In a third-party lawsuit, you may get additional money for your injuries, including pain and suffering, lost income, and a poorer quality of life.
Wrongful Death Claims
If someone you care about is killed in a scaffolding accident, their surviving family may be able to file a wrongful death case. These types of cases are filed to get money for loss of support, loss of someone to share life with, funeral bills, and the mental impact of death.
PROVING LIABILITY IN SCAFFOLDING ACCIDENT CASES
There must be a full investigation to determine who is responsible for a scaffolding accident. Key elements often include:
- Accident reports and witness statements
- OSHA inspection results
- Photographs of the accident scene
- Expert testimony on construction practices or scaffold design
- Medical records documenting the extent of injuries
With the help of an experienced personal injury attorney, you can get the evidence needed, figure out who is to blame, and receive the highest possible compensation.
THE IMPORTANCE OF ACTING QUICKLY
Quick action is very important in scaffolding accident cases. You should know that workers’ compensation claims require you to report an injury quickly, often within 30 days, and to file a formal claim within one to two years, depending on the law of your state. Both personal injury and wrongful death suits are usually covered by a statute of limitations that is anywhere from one to four years long.
Fast action helps keep important evidence safe and helps your legal case. Contacting an attorney early on helps you make sure you meet all deadlines and sidestep costly errors.
CONCLUSION
Scaffolding accidents are preventable tragedies. The risk of someone being injured on a scaffold drops a lot when employers and contractors obey OSHA safety regulations and focus on workers’ well-being. Unfortunately, employers and contractors sometimes ignore safety rules, which leaves workers to deal with the consequences.
You are not by yourself if you or a loved one has been hurt in a scaffolding accident; you can get legal help. An experienced personal injury lawyer is able to explain your rights, see if safety standards were neglected, and negotiate for the compensation you are owed.