Scaffolding accidents are among the most common causes of construction site injuries. From falls to equipment malfunctions, these accidents can result in long-term physical, mental, and emotional challenges. What makes these cases particularly complex is the number of potential parties responsible, from the scaffolding manufacturer to the employer — or even a subcontractor. 
After an accident, knowing your legal rights helps you get fair payment for your medical bills, missed work, and other hardships. Our scaffolding accident lawyers have extensive experience with workplace injury cases and insurance claims. We’ll guide you step-by-step through filing your claim and work to get you maximum compensation owed to you.
Scaffolding Accident Rights and Claims
Falls, equipment failures, and scaffold collapses often cause severe injuries at construction sites. While workers’ compensation covers your medical care and missed wages, it doesn’t account for all your hardships after an injury.
If faulty equipment or unsafe conditions led to your accident, you may have additional claims beyond workers’ compensation. For example, if a defective scaffold component fails, you could seek damages from the manufacturer. These product liability cases require showing the defect directly caused your injury.
Our construction accident attorneys will investigate your case, determine who is responsible, and help secure fair payment for your injuries. Contact us for a free case review to discuss your situation.
Common Causes of Scaffolding Accidents and Who Is Liable
Scaffolding accidents can occur due to a variety of causes, often involving negligence or unsafe practices. One of the most common causes is improper assembly or dismantling, where scaffolds are not correctly erected or taken down, increasing the risk of collapse. Defective scaffolding components, such as faulty platforms or unstable frames, can also lead to serious accidents.
OSHA safety violations — like failing to secure guardrails or using unsafe materials — are major contributors to scaffolding accidents. Weather-related events, such as high winds or icy conditions, can further compromise scaffolding safety, making it dangerous for workers. Inadequate training or supervision also plays a significant role because workers may not be properly instructed on how to use scaffolding safely, or supervisors may fail to enforce safety protocols.
Liability for scaffolding accidents can fall on various parties, including construction companies, scaffold manufacturers, or subcontractors. An experienced attorney can help identify the responsible third-party and pursue the compensation you deserve. Let our experienced attorneys investigate the cause of your accident.
Types of Compensation Available for Scaffolding Accident Victims
After a scaffolding accident, victims may be entitled to various forms of compensation depending on the nature of their injuries — and the circumstances of the accident. Understanding the types of compensation available is critical in ensuring you receive the financial support needed to recover and rebuild your life.
- Medical Expenses Coverage: This includes reimbursement for hospital bills, surgery costs, physical therapy, medications, and other treatment-related expenses. It also covers the cost of ongoing medical care, such as rehabilitation or long-term care.
- Lost Wages and Future Earnings: If you are unable to return to work following a scaffolding accident, you may be entitled to compensation for lost wages. This can include the wages you missed while recovering as well as future earnings if your injury prevents you from returning to your previous job.
- Pain and Suffering: Victims of scaffolding accidents are often entitled to compensation for the physical pain and emotional distress caused by their injuries. This may include chronic pain, mental anguish, and the overall impact the injury has on your quality of life.
- Permanent Disability Benefits: If the accident results in permanent disability, compensation may be awarded to cover the costs related to adapting to a new way of life, including home accessibility modifications, ongoing care, and specialized equipment.
- Wrongful Death Claims: If a loved one dies in a scaffolding accident, surviving family members may pursue a wrongful death claim to cover funeral expenses, loss of financial support, and emotional damages.
Contact our personal injury attorneys to discuss the full scope of your legal options and find out if you’re entitled to receive compensation.
What If You Were Injured While on the Job?
If you were injured on the job as a construction worker, understanding the workers’ compensation process is essential for obtaining the benefits you need. The first step is to notify your employer about the injury as soon as possible and then file a claim with your state’s workers’ compensation board.
You’ll be asked to provide the required documentation, including a detailed injury report, medical records, and witness statements. A medical examination will be needed to assess the severity of your injuries, which will help determine your eligibility for benefits.
If your claim is denied or if the benefits offered don’t meet your needs, you have the right to appeal the decision. In some cases, you may also need to meet certain requirements before returning to work, such as passing a physical capacity assessment.
Critical Safety Regulations for Scaffolding
Scaffolding safety is governed by strict regulations to protect workers from accidents and injuries. OSHA sets comprehensive requirements for scaffolding, including proper design, assembly, and maintenance. These regulations ensure that scaffolds are stable and capable of safely supporting workers and materials.
Industry standards require the use of personal protective equipment (PPE) such as hard hats, harnesses, and guardrails. Regular inspections are mandated to check for damage, wear, or instability. Scaffolds must also be inspected before use and after any significant event, such as severe weather.
Employers are required to provide workers with training on scaffold safety and proper usage to prevent foreseeable accidents. Adhering to these safety regulations is crucial for preventing scaffolding accidents and injuries. Were safety regulations violated in your accident? Contact us to learn more.
Types of Injuries Common in Scaffolding Accidents
Scaffolding accidents can result in life-altering injuries. The following are some of the most common types of injuries that occur in scaffolding accidents:
- Fall Injuries: Falls from scaffolds are the leading cause of injuries, often resulting in broken bones, spinal cord damage, head trauma, or even fatalities.
- Struck-by Injuries: Workers may be struck by falling tools, materials, or debris from higher levels, leading to concussions, fractures, and lacerations.
- Electrocution: Scaffolds that are improperly erected near electrical lines or components can result in electrocution, causing severe burns, organ damage, or death.
- Crushing Injuries: Workers can become pinned between scaffolding and other heavy machinery or structures, leading to crushing injuries, broken bones, and internal damage.
- Long-term Medical Complications: Even if an injury seems minor at first, it can result in long-term health issues, including chronic pain, limited mobility, or permanent disability.
Our personal injury attorneys understand the complex nature of these injuries. If you’ve been injured in a scaffolding accident, contact us to discuss your case and explore your legal options for financial recovery.
How a Scaffolding Accident Attorney Can Help
A scaffolding accident attorney plays a critical role in helping you toward a favorable resolution of your case. Below are some of the key ways an experienced attorney can assist you in securing the compensation you deserve.
- Evidence Collection and Preservation: Your attorney will work quickly to collect and preserve key evidence, such as photographs of the scene, accident reports, and any relevant safety documentation. This ensures that important details are protected for later use.
- Expert Witness Coordination: Scaffolding accident cases often require expert testimony, such as from safety specialists or engineers. Your attorney will help identify and coordinate expert witnesses who can strengthen your case.
- Insurance Negotiation: A skilled attorney will handle all communication with insurance companies, ensuring you don’t settle for less than what you’re entitled to. They’ll advocate for fair compensation for your injuries and losses.
- Trial Preparation: If your case goes to court, your attorney will prepare for trial by organizing evidence, preparing witnesses, and crafting a compelling argument to support your claim.
Frequently Asked Questions About Scaffolding Accidents
Can I sue if I’m receiving workers’ compensation?
Yes, in some cases, you may be able to file a personal injury lawsuit in addition to receiving workers’ compensation. If a third party, such as a manufacturer or contractor, was responsible for the accident, you may pursue a third-party liability claim. A scaffolding accident attorney can help determine if this is an option for your case.
What if I was partially at fault?
Even if partially at fault for a scaffolding accident, you may still recover damages under most states’ laws. Under comparative negligence, your compensation is reduced by your percentage of fault. Most states use modified comparative negligence – you can recover if you’re less than 50% responsible. A few states use pure comparative negligence (recover even if 99% at fault) or contributory negligence (no recovery if even 1% at fault). A skilled attorney can help minimize the impact of your fault and maximize your recovery.
How long will my case take?
The duration of your case depends on several factors, including the complexity of the accident and whether it goes to trial. Simple claims may settle within a few months, while more complicated cases could take longer. Your attorney will provide a more accurate timeline based on the specifics of your situation.
What if my employer doesn’t have insurance?
If your employer doesn’t have workers’ compensation insurance, you may still have legal options. In some cases, you can file a personal injury lawsuit against your employer or another liable party. A lawyer can help you explore your options and ensure you are compensated for your injuries.
Call the Scaffolding Accident Attorneys at Munley Law
Trust the experienced scaffolding accident lawyers at Munley Law to protect your rights and fight for the compensation you deserve. For 65 years, our firm has been standing up for injured workers, securing millions in verdicts and settlements. Our skilled attorneys understand the complexities of scaffolding accident cases and negligence laws to maximize your recovery.
Contact Munley Law today for a free consultation – our expert trial lawyers are ready to put our decades of experience to work for you and your family. Call or visit our website to speak with a member of our award-winning legal team.
