Scaffolding Accidents: Causes and Legal Injury Liability

Bureau of Labor Statistics' Census of Fatal Occupational Injuries (CFOI) reported that in 2007, 88 workers were killed in scaffolding accidents. Scaffoldings are commonly used in the construction industry and it is a temporary structure used to support people in the construction or repair of buildings and other large structures.

According to the Occupational Safety and Health Administration (OSHA), 65 percent of 2.3 million construction workers work on scaffolds frequently. It has been estimated by the OHSA of the 510,500 injuries and illnesses that occur in the construction industry every year, 9,750 are related to scaffolding accidents.

Causes and Legal Liability

From a study of these accidents conducted by Bureau of Labor and Statistics (BLS), it was revealed that 72 percent of the workers injured were due to:

The planking or support giving way
The employee slipping
Being struck by a falling object
Lack of guardrails
Lack of training in workers who install work platforms

OSHA Standards

While plank slippage is the most commonly cited cause for scaffolding accidents, all of the above-mentioned factors are controlled by compliance with OSHA standards. If the OSHA’s compliance standards have been met, scaffolding accidents could have been avoided or at the very least, minimized.

To illustrate, 4,500 injuries and 50 deaths could be prevented every year and save American employers of $90 million in workdays not lost had the OHSA’s scaffolding standards been observed.

Employer Liability for Injuries

Under the law, it is the employer’s duty to provide his employees a safe and healthy place to work as well as provide training to ensure that safe working practices at work are set up and followed.

In California specifically, employers are mandated to have an injury and illness prevention program. It must training for workers, workplace inspections, and procedures for correcting unsafe conditions promptly.

Personal Injury Lawsuits for Employer Negligence

The employer or the company’s failure to do such may give rise to a personal injury lawsuit or wrongful death lawsuit depending on the circumstances of the accident and extent of the injury incurred. However, it is important to take note that if the employee opts to receive Workers’ Compensation benefits, he would also waive his right to sue his employer for such injuries.

Always Get Legal Advice

If you have any questions regarding injuries or death arising from scaffolding accidents, you may consult with a personal injury attorney or wrongful death lawyer as the case may be.

From the author: Slip and Fall Injuries in the Workplace | California Workplace Injury Lawyer

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