Scaffolding refers to a temporary structure on the side of a building. From painters to ironworkers, carpenters to electricians, and bricklayers to steelworkers, scaffolding is a part of the job for many Americans. No matters who is injured, you need a team of qualified scaffolding accident lawyers to assist with your claim.
OSHA estimates that 65% of the construction industry spends part of their workday on scaffolding.
But scaffolding can be defective. Scaffolding accidents can cause life-changing injuries and long-term disability. To make it worse, workers’ comp insurance rarely offers a settlement that covers all the damages.
If you or a loved one suffered an injury from a scaffolding collapse, you could be entitled to financial recovery for your medical bills, pain and suffering, lost wages, loss of quality of life, and more. You need to visit with our team of scaffolding accident lawyers immediately after the accident occurs.
How To Take Legal Action After A Scaffolding Collapse – Key Takeaways
- A scaffolding accident can cause severe injuries, some of which are fatal
- You can take legal action after a scaffolding collapse by suing the careless or negligent party responsible for the damaged scaffolding
- Possible liable parties include employers, contractors, subcontractors, scaffolding manufacturers, and property owners
- Get immediate medical attention after the accident, and keep the medical records handy
- Document the accident with relevant photos, and write down the names and statements of any witnesses
- Injured workers have the right to seek compensation from the parties responsible for the scaffolding collapse–our experienced scaffolding accident lawyers can help evaluate your claim, identify the negligent party, negotiate a settlement, or file a lawsuit
- Workers’ comp insurance adjusters will take advantage of the desperate state a scaffolding injury puts them in and offer the bare minimum–don’t cash the check without consulting an attorney
This article covers how to take legal action after a scaffolding collapse or a fall from scaffolding at work. We’ll also discuss how to determine who’s at fault for the damaged scaffolding and how a scaffolding accident lawyer from Zinda Law Group can help.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationWhat Are the Common Causes of Scaffolding Collapse?
Some of the most common causes of scaffolding collapses include:
Defective scaffolding
Defective scaffolding is one unfortunate cause of scaffolding collapses. A defect could mean the scaffolding was damaged during manufacturing, made from cheap materials, or had a poor design. The scaffolding designers, manufacturers, or retailers could all be held liable for injuries caused by defective scaffolding.
Inadequate training and safety equipment
According to OSHA (Occupational Safety and Health Administration), employers have a duty to train their workers on how to protect themselves during a fall from a scaffold. Workers should all be supplied with personal protection equipment, including harnesses, guardrails, and helmets. If your employer fails to provide adequate training and safety equipment, they may be liable for your injuries.
Falling objects
Some scaffolding collapses are caused by tools or construction material falling from above. Part of your employer’s responsibility is to protect their workers from falling objects by providing covering and keeping the job site up to code.
Hazardous working conditions
Harsh weather conditions are another common cause of scaffolding collapses, especially if contractors, construction companies, or property owners fail to uphold a safe work environment.
Safety standard violations
OSHA has set clear safety standards regarding scaffolding on construction sites. Employers violating these safety codes by overloading the scaffolding or exposing the scaffold framework to loose wires can lead to a scaffolding collapse.
Improper construction
Scaffolding must be installed and constructed correctly, or else it’s unsafe to use. Poor scaffolding construction includes a failure to lock in all attachment points or install bracing or guardrails. If improper construction was the reason for the scaffolding collapse, the company responsible for installing the scaffolding may be held liable.
Irregular maintenance
Scaffolding has to undergo routine inspections and regular maintenance to make sure its integrity doesn’t decline with use. Once worn, scaffolding develops slippery surfaces and loose connections, leading to falls from scaffolding or even a collapse. It’s critical to workers’ safety to inspect these temporary structures and update them before they become unsafe. Failure to do so could mean your employer was liable for any injuries.
Faulty planking
Wormholes, splits, knots, water damage, and wear and tear can all weaken the integrity of the scaffolding planks. Your employer is responsible for immediately inspecting and replacing defective planks, as faulty flanking can cause a scaffolding collapse.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationHow To Take Legal Action with our Scaffolding Accident Lawyers
You can take steps to safeguard all essential evidence supporting your claim after a scaffolding collapse at work.
- Seek Medical Attention: Even if you feel like your injuries are mild, it’s critical to get checked by a doctor after a scaffolding injury of any type. Some symptoms are slower to appear than others. If you refuse medical treatment after the accident, it’s harder to connect these slower symptoms to the incident once they appear.
- Photograph the Scene and Your Injuries: Take pictures of the safety and scaffolding equipment provided at the job site, or lack thereof. Snap pictures of the scaffold, the surrounding job site, any harness you were provided, any other fall protection or fall arrest system, and the job site’s overall conditions. Also, photograph any injuries that you sustained.
- Keep Track of All Documentation: Tracking all documentation is critical for showing evidence of unsafe conditions. For example, proving your employer failed to comply with OSHA guidelines can help you hold parties accountable for injuries. Keep copies of policies, procedures, and any documentation from your employer or others involved with the scaffold or job site. Also, keep copies of any documents you signed before or after your scaffolding accident.
- Book a free consultation with a scaffolding accident lawyer: Going against insurance company lawyers can be intimidating, especially when they’ll use any details to minimize your settlement. And once you cash the check, you give up the right to pursue future recovery. Seasoned law firms like Zinda Law Group offer free consultations by appointment. That way, you can discuss the settlement offer and the details of your scaffolding accident, and let you know if the offer is fair.
A seasoned workplace injury lawyer can help determine if negligence was at play. Zinda has the knowledge and resources to help you seek maximum compensation for medical bills, but we won’t stop there. We’ll consider lost wages, pain, suffering, mental anguish, and any other damages you might be entitled to.
Jason Aldridge
Attorney
Standing by 24 hours a day, 7 days a week ready to answer in your time of need.
Available 24 / 7|Free ConsultationWho Is Responsible for a Workplace Scaffolding Accident?
Your employer could be liable for a scaffolding accident if they didn’t keep it up to code. OSHA guidelines for scaffolding require fall protection, and fall arrest systems are included.
Some examples of these guidelines include:
- Guardrails or other fall arrest systems (like a harness) must be present
- Guardrails must meet specific height requirements
- Employees must erect scaffolds with proper footings
- Platforms must be fully planked or decked
- Scaffolds must have the capacity of at least four times the intended load
- Employers must train each employee who works on a scaffold about the hazards
- Scaffolding must be inspected at the beginning of each shift and after any occurrence that could affect structural integrity
But your employer isn’t the only negligent party who may be held responsible for your scaffolding injury. Our workplace injury attorneys at Zinda Law Group are experienced in locating all of the potentially negligent parties, including:
- The general contractor
- Your employer
- A third-party company hired to erect or maintain the scaffold
- A company hired to supply fall protection and fall arrest systems
- Subcontractors on the job site
- Third parties on the job site
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationWhat Types of Accidents Might Happen from Faulty or Damaged Scaffolding
Scaffolding accidents can cause a range of injuries, including broken bones, traumatic brain injury, spine damage, internal bleeding and organ ruptures, and even death. Scaffolding accidents can leave workers disabled and unable to work.
Depending on how severe the injuries are, you may be able to recover the loss of future income and loss of earning capacity. Other possible expenses you’re owed compensation for include the cost of hospitalization, rehabilitation, ongoing treatment and care, permanent injuries, disabilities, pain and suffering, and emotional distress.
If You’ve been injured in a Workplace Scaffolding Accident, Zinda Law Group Can Help You Seek Compensation
Workplace injuries occur daily in the United States. Some of the most unfortunate workplace situations are injuries suffered in scaffolding collapse accidents. Your employees have a duty to provide a safe workplace. This responsibility includes routine safety inspections, protocol and enforcement, and proper safety training.
But insurance companies prioritize their bottom line over providing relief to injured workers and will offer the most minor settlement they think they can get away with. The attorneys at Zinda Law Group are here to help you navigate the process of filing workplace injury claims. We can negotiate with your employer and their insurance on your behalf while you focus on recovery.
If you sustained an injury at your workplace due to scaffolding, call Zinda Law Group today at (800) 863-5312 for a free consultation with a workplace injury attorney. Our experienced attorneys can help ensure that the proper steps are taken to hold negligent parties accountable, seek maximum compensation, and prevent future injuries. And the best part is that you’ll pay nothing unless we win your case.
Meetings with attorneys by appointment only–book your free consultation today.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation