Many construction accidents occur as a result of inadequate safety measures. Poorly installed and poorly secured scaffolds are the cause of a large number of accidents. Because of the relative height from which a worker can fall off scaffolding, scaffolding accidents result in the most severe injuries in the construction industry.
An additional danger is a risk that a piece of scaffolding can break free from a scaffolding structure and fall off. This creates a clear risk to any worker on the scaffolding and those positioned below it. Scaffolding can collapse, which has proven fatal to workers positioned on it while doing their jobs.
The U.S. Bureau of Labor Statistics reports that scaffolds and other staging equipment were responsible for 15% of fatal falls in the private sector construction industry between 2011 and 2014. The construction industry is especially vulnerable to these tragedies because 65% of all projects use scaffolds.
Workers who regularly work on scaffolding should know that the Occupational Safety and Health Administration (OSHA) requires them to wear safety harnesses if working 10 feet or above the next level. But experts recommend harnesses for working 6 feet or more above the next level, and they say that full-body harnesses provide the best protection.
What Types of Regulations Govern Scaffolds?
The Occupational Health and Safety Administration (OSHA) has in place various measures that govern the design and use of scaffolds. These measures include the following:
- Design: Each scaffold must be able to support four to five times the weight of people or objects that are being placed on the scaffold;
- Safety Measures: Scaffolding should be secured with appropriate safety cables;
- Frequent Inspections: A competent employee should inspect each scaffold before use to ensure that all are working properly.
What If I Am the Victim of a Scaffold Accident at Work?
Of course, it is always important to determine what exactly caused a scaffold to collapse or a worker to fall. If a person is injured while working, they will seek compensation from workers compensation. If a person is not on the job when injured, they will file a personal injury lawsuit, probably for negligence or strict product liability.
If a person is injured in the course and scope of their employment while working on scaffolding, they will turn to their state’s workers’ compensation system to seek recovery for their economic losses. If a person who is not employed on a work site is injured by scaffolding, they will file a civil lawsuit for personal injury to seek compensation for their economic losses from the owner of the scaffolding.
In a state workers’ compensation system, a person with a claim for injuries does not have to prove negligence on anyone’s part or that some product or equipment was defective in some way. Rather the person only needs to prove that they were injured within the course and scope of their employment.
A person injured at work may recover earnings they lose from being unable to work with their injury. This is usually paid to the worker in the form of weekly compensation. The amount depends on the system in the state where they file their claim. It also depends on whether their disability is temporary or permanent. It also depends on whether their disability is partial or complete.
Temporary disability means that a worker is recovering from their injury and should be able to return to their usual occupation. Permanent disability means the worker’s physical health is stable but not expected to improve.
Total disability means that a person cannot reasonably work at any employment due to injury. If a worker is partially disabled, they can still do some work.
So there are four options for benefits based on these factors:
- Temporary total disability;
- Temporary partial disability;
- Permanent total disability;
- Permanent partial disability.
An injured worker’s compensation should cover the following:
- Medical Expenses: the cost of all reasonable and necessary medical care for treating the injury;
- Permanent Impairment Benefits: Most states have a specific amount that they award for a particular type of permanent physical impairment;
- Vocational Rehabilitation: If a person is permanently disabled and cannot continue in the kind of employment they had before their injury, workers’ compensation can be used to pay for job retraining;
In most states, workers’ compensation does not cover pain and suffering.
What If I Am a Victim of a Scaffold Accident and I Am Not at Work?
If a person is not working when injured, e.g., they may be a passerby on the sidewalk in front of a building when some scaffolding collapses, then they would file a civil lawsuit for personal injury to recover compensatory damages for their economic losses.
An award of compensatory damages in a personal injury lawsuit should reimburse an injured victim for all medical treatment, lost wages, loss of earning capacity, and pain and suffering.
If a person were to be killed in a scaffolding accident, their loved ones would file a wrongful death lawsuit.
What Can Employees and Employers Do to Prevent Accidents?
OSHA guidelines are the minimum standards employers must take to prevent workplace accidents. However, employers can take various other steps to prevent scaffold accidents. These include the following:
- Frequent Replacement: Frequently replacing scaffolding equipment might prove costly but could prevent accidents that would be costly as well. Equipment such as ropes and belts frequently wear out in harsh weather conditions;
- Hire Safety Inspectors: Trained safety inspectors can help determine if the equipment is safe. They can also suggest other measures that might be taken to increase worker safety;
- Use Harnesses and Other Safety Equipment for Workers;
- Train Workers in the Safe Use of Scaffolding and Safety Equipment.
It is important to note that OSHA rules require employees to wear fall protection when working on scaffolding at 10 feet or more above a lower level. The type of fall protection OSHA requires depends on the scaffolding the worker uses. A ladder jack scaffold or a floating scaffold requires a safety harness. A person working on a single-point or two-point adjustable suspension scaffold should wear a safety harness, and the system should have a guardrail.
But some experts in the construction industry believe that OSHA should require construction workers to wear safety harnesses when working at the height of 6 feet or more above a lower level. In addition, a person who works on scaffolding must be trained to wear a harness.
The type of harness is important as well. Some experts recommend always wearing a full-body harness when working on scaffolding. A full-body harness distributes the force of a fall across the wearer’s whole body, reducing the risk of spinal injury, which is possible with harnesses that are not the full-body type.
What If I Am Working with Unsafe Scaffolding?
If a person is an employee and believes that the scaffolding on which they work is unsafe, they can file a complaint with OSHA. When OSHA receives a complaint about unsafe working conditions, they investigate. This can lead to an employer changing how they manage their scaffolding so it is safer for workers.
Workers need not fear losing their job if they report unsafe working conditions to OSHA. Federal and state whistleblower protection laws protect them.
A person working on scaffolding should educate themselves about the risks and how to protect themselves by wearing a harness. They should learn about other steps to protect themselves from suffering a catastrophic injury in a fall from scaffolding.
Do I Need the Help of an Attorney for My Scaffold Accident Issue?
Whether you are an employee or an employer, an experienced workplace injury lawyer can help you use scaffolding safely.
If you are the employer of a worker injured in a workplace accident, your insurer should provide you with any defense you may need for a claim.
If you are an employee injured in a scaffold accident, a workers’ compensation lawyer can help you recover damages for your injuries.
If you are not employed in a workplace but have suffered an injury caused by scaffolding, you want to consult a personal injury attorney about your options for recovering compensation for all your economic losses.
