Scaffolding Accident Attorneys

Scaffolding is a temporary structure used in various industries, predominantly construction, to access high areas for building, painting, cleaning, or renovation tasks. Scaffolding typically comprises complex systems of metal pipes and can be categorized into two main types: supported scaffolding, which is built from the ground up, and suspended scaffolding, which hangs from ropes or other flexible materials.

While scaffolding is essential for accessing difficult-to-reach areas, it poses significant risks if not properly constructed or maintained. Common hazards include falls due to improper assembly or lack of guardrails, slipping on slippery surfaces, and being struck by falling objects. Overloading scaffolds, poor environmental conditions, and proximity to power lines can also contribute to accidents. These incidents can result in severe injuries, such as broken bones, traumatic brain injuries, spinal cord injuries, and even fatalities. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our scaffolding accident attorneys help injured workers seek benefits. We can bring decades of combined experience as workers’ compensation lawyers to protect your rights.

Statistics and Safety Regulations About Scaffolding

The Bureau of Labor Statistics reports that falls from scaffolds account for around 25% of deadly falls at construction sites, leading to approximately 60 deaths and 4,500 injuries annually. To mitigate these risks, the Occupational Safety and Health Administration (OSHA) mandates safety measures such as the use of personal fall arrest systems or guardrails on frame scaffolding, as well as employee training to enhance safety practices.

Scaffold Accidents at Construction Sites

Scaffolds are used in order to gain access to locations that are too high to reach. Most scaffold accidents involve falling objects striking the worker on the scaffold or those below him, slipping or tripping while on the scaffold because of a slippery surface, or falling from the scaffold because the planking is improperly assembled or defective or guardrails aren’t present. Sometimes injuries occur because the scaffold is overloaded; the worker has insufficient fall protection and safety equipment; environmental or atmospheric conditions are poor; or the placement of the scaffolds or equipment is too close to a power line, resulting in electrocution.

Common scaffold accident injuries include broken bones, traumatic brain injuries, spinal cord injuries, paralysis, amputations, and lacerations. Workers standing on scaffolds may be injured, but those walking underneath a scaffold, such as a pedestrian or visitor to the site are also at risk of serious injuries when scaffolding collapse or objects fall from it.

Legal Options After a Scaffolding Accident

Our scaffolding accident lawyers will need to establish liability in order to secure damages on your behalf after a scaffold accident. You cannot sue your employer for your injuries if you’re a construction worker injured onsite. However, you can sue third parties, such as a subcontractor or contractor for whom you don’t work as an employee, or property owners, equipment suppliers, and manufacturers who are at fault for the scaffold accident. If you are injured in a scaffolding accident, you have legal avenues to explore:

Workers’ Compensation Claim: Under the Illinois Workers’ Compensation Act, workers injured on the job can seek compensation for medical expenses, lost wages, and disability benefits without proving fault. This no-fault system ensures that workers can receive support promptly after an injury.

Personal Injury Claim: If a third party, such as a subcontractor or equipment manufacturer, is responsible for the accident, you may file a personal injury lawsuit to seek damages beyond what workers’ compensation covers. This includes compensation for pain and suffering, lost earning capacity, and other losses.

Establishing Third-Party Liability: To establish a contractor’s negligence, for example, we’d need to show:

(1) the defendant owed you a duty to use reasonable care
(2) breach of the duty to use reasonable care
(3) causation
(4) actual damages

For instance, if you were not reasonably provided appropriate fall protection equipment by a contractor other than your employer, and due to the lack of fall protection equipment, you fell and broke several bones, our attorneys may be able to establish negligence. For example, if a contractor other than your employer failed to provide adequate fall protection, resulting in your injury, you may pursue a claim against them. Demonstrating negligence involves proving duty of care, breach of that duty, causation, and damages.

Damages For Scaffolding Injuries

In most cases, damages in a scaffold accident case are compensatory, meaning they are supposed to put you back in the position you would have been in had there been no negligence. They can include medical expenses, lost wages, lost earning capacity, replacement services, pain and suffering, and loss of enjoyment of life. In some cases, such as when the only responsible party is an employer or your own negligence caused the accident, your available relief may be limited to workers’ compensation benefits. These are no-fault benefits paid by the insurer to whom your employer pays premiums. These benefits can cover a percentage of your average weekly wage when you are unable to work because of a job-related injuries, as well as your reasonable and necessary medical expenses.

Consult a Lawyer About Your Scaffold Collapse Injuries

Navigating the legal landscape after a scaffolding accident can be complex. Our experienced attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca in Chicago offer over 60 years of expertise in handling scaffolding accident cases. We are prepared to assist clients with personal injury lawsuits, workers’ compensation claims, and Social Security Disability Insurance (SSDI) claims, ensuring comprehensive support for your recovery. Call us at 312-724-5846 or fill out our online form.

We also help people in Champaign, Rockford, Springfield, Aurora, and Quincy, as well as other areas of Champaign, Sangamon, Cook, Kane, Adams, and Winnebago Counties.