Who Is Legally Responsible for Scaffold Accidents?

According to statistics from the U.S. Occupational Safety and Health Administration (OSHA), falls are the number one cause of death in the construction industry. In 2023, one out of five worker deaths were in construction accidents. Falls contributed to 256 out of 688 worker deaths in 2023 or 37 percent. Scaffolding accidents were the third most common cause. Injuries sustained from scaffolding falls are typically life-threatening. In many cases, scaffold accidents result from someone else’s negligence.

EMPLOYER REQUIREMENTS THROUGH OSHA

As is the case for every industry, OSHA has workplace requirements to ensure worker safety on the job and prevent scaffolding accidents. OSHA requires all construction employers to abide by specific safety standards for scaffolding. These standards include particular guidelines as to the safety of scaffoldings:

• Personal fall arrest systems
• Guardrails
• Footings
• Platforms
• Capacity

Employers must train employees to properly erect, disassemble, move, operate, repair, and maintain scaffolding on the job. They must also teach employees to inspect scaffolds and recognize potential associated work hazards. The OSHA requirement that employers bear the responsibility of employee training is important in many scaffold accident lawsuits. If a poorly trained employee makes a mistake erecting a scaffold and it collapses, causing injury or wrongful death, the courts can hold the employer responsible for failing to fulfill its OSHA training requirement.

Before each shift and after any event that may affect the structural reliability of a scaffold, a “competent person” must examine the scaffold and inspect its components for defects. These include the ropes on suspended scaffolds and synthetic ropes used for top rails and mid rails. A competent person is someone who can identify hazards in the scaffolding, both existing and reasonably predictable, and take prompt action to eliminate them. The courts will hold the employer responsible if an employer fails in any duties that OSHA outlines and a scaffold accident injury occurs.

For example, an employer may not provide employees with the proper personal fall arrest equipment. According to OSHA, employees working from more than 10 feet in the air must have a guardrail or fall arrest system to protect them from falls. Each employee needs both forms of protection on single- and two-point adjustable suspension scaffolds. A lack of these systems will point to a breach of the employer’s duty to care for the safety of workers.

OTHER RESPONSIBLE PARTIES IN A SCAFFOLDING ACCIDENT

Scaffold accidents are not always the employer’s fault. Sometimes, they are due to a faulty piece of equipment from the manufacturer, a negligent employee, or a combination of factors. Pennsylvania follows comparative negligence rules in personal injury accidents, meaning that the courts will assign percentages of fault to all involved parties. This rule allows injured employees to obtain compensation even if they are partially at fault for a scaffold accident.

If a manufacturer’s mistake causes a scaffold accident, the injured workers or their families can sue the manufacturing company for negligence through product liability rules. In a product liability case in Pennsylvania, a victim must prove that a product is dangerous beyond the reasonable consumer’s expectations or that a product has a probability of harm outweighs the cost of taking precautions (the “risk-utility” standard). Lawmakers have reinstated Pennsylvania’s product liability laws multiple times, making it essential for victims to seek the advice of a personal injury attorney in Philadelphia, PA.

If a construction worker were partially responsible for inattention during the accident, the courts would divide fault between the employee and the defendant. The courts will then subtract the plaintiff’s percentage of fault from the total compensation won. Hiring a talented personal injury lawyer is vital for scaffold and other workplace accidents, especially if workers’ compensation laws are also involved.

Speak with a Philadelphia Scaffold Accident Lawyer Today

If you or a loved one has been injured in a scaffolding accident at a construction site, you may have the right to seek compensation for your injuries. At our Philadelphia injury law firm, we understand the complexities of scaffolding accidents and the serious injuries that can result, including spinal cord injuries, broken bones, and other life-altering injuries. Our experienced construction accident lawyers are committed to protecting the rights of injured construction workers.

We have a strong track record of helping victims recover financial compensation for medical bills, lost wages, and pain and suffering. Our team thoroughly investigates each case, examining the structural integrity of scaffolding equipment and identifying violations of safety rules, OSHA regulations, or proper training protocols. Whether it’s a faulty scaffold, a lack of proper safety equipment, or a third party responsible for defective equipment, we will work diligently to hold the liable parties accountable.

If you’ve suffered injuries from a scaffolding accident, call our office at (267) 310-2948 for a free consultation. We will guide you through your legal options, help you file a personal injury lawsuit or workers’ compensation claim, and fight for the fair compensation you deserve.