Scaffold Personal Injury Accidents

In many scaffold injury claims our lawyers see, a recurring scenario involves workers using rolling scaffolds near unprotected holes. These incidents are particularly common during ceiling work, where the workers’ focus is directed upwards, leaving them less aware of the hazards at floor level. The danger arises when the scaffold shifts, causing one of its wheels to roll into an unprotected hole, often leading to the scaffold overturning and resulting in severe injuries.

The hazards associated with rolling scaffolds and unprotected holes can be substantially mitigated through proper safety precautions. One crucial measure is to ensure that all holes in the work area are either covered or barricaded effectively to prevent scaffold wheels from entering them. This can be achieved by using durable covers or constructing barriers that securely block access to the holes. Additionally, maintaining clear and open communication among the workers about potential hazards and ensuring regular safety inspections can further enhance the safety of the work environment.

Implementing these safety measures not only protects the workers from potential injuries but also promotes a culture of safety and responsibility on the job site.  But too many construction companies prioritize speed (and laziness) over safety.  If the did focus on these precautions, employers can significantly reduce the risk of scaffold-related accidents and ensure a safer working environment for everyone involved

Scaffolding accidents can obviously have life-altering consequences.  People can die. This is why OSHA has established very stringent regulations to protect workers. These rules are not just bureaucratic formalities, as much as some companies may think they are .These are critical safeguards designed to ensure the safety of workers on construction sites. When companies fail to comply with these regulations, accidents happen—and those responsible can be held legally liable.

Load Capacity and Scaffold Support

One of the key OSHA requirements is that scaffolds must be constructed to support at least four times the intended load. This means they are designed to handle the combined weight of workers, tools, and materials without collapsing. If a scaffold cannot withstand this pressure, that is a red flag that something went wrong in its assembly or maintenance. The platform you standing on should not be at risk of buckling under the weight.  Your scaffold accident lawyer will suspect negligence when it does. and when it does.

Fall Protection: Guardrails and Harnesses

Another vital OSHA safeguard is the use of fall protection. For scaffolds over 10 feet high, the rules mandate guardrails or personal fall arrest systems, like harnesses, to protect workers from falling. Falls are one of the most common causes of injury and death on scaffolding, as anyone who has been on a scaffold knows.  If you have not, imagine working at a height without proper railings or a harness—just one slip could result in a severe injury or worse. That’s why the absence of these safety measures is not just risky; it is a violation of federal law.

The Role of the “Competent Person”

Proper Training: A Key to Preventing Accidents

OSHA also requires that workers be adequately trained in scaffold safety. This includes understanding how to use scaffolding equipment correctly, recognizing hazards, and employing fall protection systems. Unfortunately, lack of proper training is a frequent OSHA violation. When workers don’t receive the education they need to stay safe, accidents are far more likely to occur. If you were injured and weren’t properly trained, that’s not just an oversight—it’s a serious breach of OSHA standards, and it could significantly bolster your legal case.

Common OSHA Violations in Scaffold Accidents

Unfortunately, as anyone on a worksite knows, companies do not always follow OSHA’s rules. Common violations include the absence of guardrails, overloaded scaffolds, improper assembly, and placing scaffolds on uneven or unstable surfaces. For example, if a scaffold is not properly anchored or set up on uneven footing, the risk of a collapse increases significantly. These oversights are major safety failures, and when they occur, workers or their families have the right to pursue legal action against those responsible.

In personal injury lawsuits, the injured party can claim a wide array of damages, including medical expenses, lost wages, loss of earning capacity, pain and suffering, and sometimes punitive damages. There is no statutory cap in personal injury cases unless it is a state like Maryland with damage caps. This means plaintiffs could potentially receive a large settlement reflecting the full extent of their damages.

Workers’ compensation claims, however, are limited to specific benefits such as medical expenses related to the injury and a portion of lost wages, which are subject to state-specific maximums. Workers’ compensation does not cover pain and suffering or punitive damages, and the payments are often structured over time rather than given as a lump sum. This system also operates on a no-fault basis, meaning employees don’t need to prove their employer’s negligence to receive benefits, leading to lower compensation compared to personal injury lawsuits.

The workers’ compensation system’s design to quickly provide benefits without the need for litigation results in lower settlements because it is essentially a trade-off for the ease of filing and obtaining compensation. Additionally, there are strict legal limits on suing employers directly for workplace injuries, known as the exclusivity rule of workers’ compensation, which also contributes to generally lower settlements.

If the scaffold accident involves a third party’s fault, the injured worker may have the option to file a personal injury claim against that party, potentially leading to additional compensation beyond the workers’ compensation benefits.

Example Scaffold Accident Settlements and Verdicts

• $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. The accident occurred when the man lost his footing and fell through a guardrail deemed dangerous and in violation of OSHA standards. The wrongful death lawsuit claimed that the general contractor failed to ensure worker safety, prioritizing speed and profits over proper safeguards. Multiple subcontractors had settled before the trial. The defendants argued that OCF was not the general contractor, placing responsibility on another construction company.
• $10,250,000 Verdict (New York 2024):  A construction worker was awarded $10.25 million after falling from a scaffolding platform. The plaintiff, a 29-year-old carpenter, sustained disc herniations, disc bulges, and meniscus tears in both knees, requiring multiple surgeries. He sued the general contractor and subcontractors, alleging negligence and violations of New York Labor Law. The plaintiff argued that the scaffolding platform failed and that he was provided with inadequate safety equipment. The rejected “blame the victim” defense that he improperly used the scaffolding failed miserably.
• $1.5 Million Settlement (New York 2023):  A construction worker who sustained multiple fractures after falling 25 feet from a roof settled for $1.5 million. The worker, performing exterior carpentry, fell while holding window framing in place, resulting in significant injuries including fractures to his spine and ribs, a concussion, and herniated discs. He sued the general contractor and subcontractor, alleging failure to provide a safe workplace and necessary safety equipment, violating New York State Labor Laws. The defense claimed the worker was aware of the safety equipment but chose not to use it. The settlement was reached with the general contractor’s insurer paying $500,000 and the subcontractor’s insurer paying $1 million.
• $2,590,194.09 Verdict (Connecticut 2023): A jury awarded $2,590,194.09 to a construction worker who developed compartment syndrome after a leg fracture was not timely treated. The plaintiff fell from a ladder and sustained a severe tibial plateau fracture. Despite initial treatment, he developed compartment syndrome, leading to muscle damage, nerve damage, and partial paralysis. The lawsuit claimed negligence in post-operative care and failure to monitor and address the risk of compartment syndrome. The defense argued the condition developed later and the plaintiff’s symptoms were not properly communicated by nursing staff. The jury found the defendants negligent, resulting in a substantial award for medical costs, lost earnings, and pain and suffering.
• $1,583,923 Verdict (Washington 2023): A construction worker was awarded $1,583,923 after his right hand was crushed by a falling portable light mast at a job site. The incident resulted in fractures to the third and fourth metacarpals, right carpal tunnel syndrome, and right trigger finger, requiring reconstructive surgery. The plaintiff claimed negligence on the part of Northwest Boring Co. Inc., which admitted liability but disputed the necessity and reasonableness of future medical treatment. The jury awarded $1.2 million damages for past and future economic losses and significant noneconomic damages for pain and suffering. Sadly, in a case where it does not make sense on its face, the trial judge reduced the verdict to $300,000.
• $26,600,000 Verdict (Massachusetts 2021):  A union mason steward was awarded $26.6 million after suffering severe spinal nerve and disc injuries from falling through an opening in a scaffolding platform. The plaintiff sustained herniated discs in his neck and lower back, underwent discectomies and fusions, and experienced significant complications including denervation and difficulties with bowel movements and sexual function. The lawsuit alleged negligence by the general contractor for failing to provide and properly inspect safe scaffolding. The defendant disputed the claims, suggesting the plaintiff fell from planking he and coworkers had set. The jury found no comparative negligence, awarding substantial compensatory damages for pain, suffering, medical expenses, and lost wages.

Contact Our Law Firm

One thing is for sure:  The intricacies of such cases often require the expertise of an attorney who is experienced in navigating these cases. This makes a difference in the outcome.  You want the best scaffold injury lawyer you can find.

If you or someone you love has suffered a catastrophic injury or death, call our scaffold accident lawyers at 800-553-8082 or get a free online consultation.

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