The Liability Regarding Construction Scaffolding

In Workers Compensation by Matador Sol

Construction remains a sure sign of America’s financial and infrastructural health. As new buildings are built or old roads repaired, these projects represent thousands of jobs with the construction going toward improving the lives of others. These projects not only change people’s lives financially but also visually. One could spend a good decade living in one spot watching the skyline of the city as it changes. When a new skyscraper is constructed, that skyline is forever changed. It’s like watching a continuously changing work of art that is never finished.

But in order to construct these skyscrapers, there is an increased amount of scrutiny and effort that goes into building them. Moreover, people don’t think about the dangers that go into creating these monolithic buildings. It requires the operation of a tower crane, which is no easy feat, and a ton of scaffolding. Interestingly, “falls” happen to be the leading cause of death in the construction industry, most notably from scaffolds. Most falls result in death which means that families are not only without their loved ones, but they are also without the income they provided and would have provided. Given this, a lawsuit is often the only answer. Have you suffered from a serious construction site injury or has your loved one died from a construction site injury? If so, it may be time to speak with a lawyer from a bodily injury law firm, like one such as Eric Roy Law Firm.

In order to win a lawsuit caused by a fall from a scaffold, three criteria must be proven: 

  1. That the defendant had a duty to provide for the safety of the worker
  2. That the defendant breached that duty, and 
  3. The breach caused harm to the worker

Breaching any of the above is evidence of negligence on the part of the company that constructed the scaffolding. As a necessary and essential element to the safety of construction workers, ensuring the stability and integrity of scaffolding is crucial in its construction. So, when a company fails to ensure this for its workers, it should be held liable for the injuries that result from not taking the initiative to ensure its security.

In order to better regulate the construction of scaffolding, OSHA has also released its own guidelines for the construction of scaffolding. Below are some of the most commonly violated safety regulations regarding scaffolding: 

  • A scaffold should support at least four times the anticipated necessary weight. 
  • Overhead protection should be provided when work is being conducted overhead.
  • Tools, materials, and debris should not be allowed to accumulate on a scaffold.
  • Shore scaffolds and lean-to scaffolds are prohibited.

If companies can’t be expected to adhere to any of these policies, again, they ought to be held liable for any resulting injuries. Were you seriously injured in a construction site accident? Reach out to a lawyer you can trust from a local law firm today.