Throughout history, engineers and architects have relied on scaffolding to construct the most spectacular structures humanity has ever seen. Today, the basic features of this technology remain mostly unchanged – including its tendency to cause injuries and fatalities.
According to the Occupational Safety and Health Administration (OSHA), scaffolding accidents cause about 4,500 injuries and 50 deaths each year in the U.S., making these accidents far from uncommon. Luckily, Californians injured in work-related scaffolding accidents are almost always entitled to workers’ compensation benefits, but securing the full range of benefits can be difficult without legal assistance.
If you suffered injuries in a scaffolding accident, you may be wondering: What kind of compensation am I eligible to receive? Does workers’ comp cover permanent disabilities? What if my claim is denied? To answer these questions with confidence, book a consultation with James Koh, a dedicated workers’ compensation lawyer in California. In the meantime, keep reading to learn everything you need to know about workers’ comp for scaffolding accidents in California.
As a dedicated workers’ compensation attorney, James Koh helps injured workers secure the workers’ comp benefits they need and deserve to recover. Ready to get started? Contact James Koh to schedule a case evaluation.
Types of Scaffolding
In the construction industry, the type of scaffolding injuries a worker suffers depends on various factors, including the type of scaffolding involved. Scaffolding can be divided into two main types: suspended scaffolding and supported scaffolding. However, there are also miscellaneous types of scaffolding to be aware of. We will discuss the nature of each below.
Suspended Scaffolding
As the name suggests, suspended scaffolding dangles from the top of a building and provides a mid-air work platform. This type of scaffolding lacks a solid base, and it is popular for specialized, small-scale work like wall repairs, painting, or window cleaning. Due to the nature of suspended scaffolding, only a few workers can operate on a single platform at any given time. Although this type of scaffolding is less vulnerable to certain hazards, such as unstable ground or impacts from vehicles, it is especially vulnerable to extreme weather.
Supported Scaffolding
Supporting scaffolding is the most common type used by construction professionals in California. To assemble supported scaffolding, workers must build from the ground up. There are many sub-categories within the broad classification of supported scaffolding, but certain types, such as “tube and clamp” systems, are especially common.
Miscellaneous Scaffolding
OSHA also defines aerial lifts as “scaffolding,” even though most people wouldn’t automatically classify it as such. Additionally, some contractors use the term “shoring” when talking about scaffolding – but these are two different things. Shoring is only designed to support structures, and workers should never operate on it.
Common Causes of Scaffolding Accidents
Scaffolding presents many unique dangers, and accidents can occur for a variety of reasons. OSHA highlights a wide range of common hazards that lead to scaffolding accidents in California, including those discussed below.
Lack of Guardrails
In California, construction contractors must adhere to very specific regulations when using scaffolding, including strict guardrail requirements. Without guardrails, workers can easily fall from great heights and suffer serious injuries. Even if guardrails are present, they may be so loose or defective that they collapse with the slightest pressure.
Lack of Fall Protection
A guardrail is only one example of fall protection. Others include safety nets, harnesses (personal fall protection systems), parapets, and proper fall protection plans. Simply providing workers with fall protection equipment may not be enough to ensure their safety; employers must also teach their workers how to properly use this technology.
Overloading
According to OSHA regulations, scaffolds must be capable of carrying at least four times their maximum intended load without any displacement. Contractors should be aware of exactly how much weight their scaffolds can handle, as exceeding this weight limit can cause the scaffold to collapse.
Unsecured Equipment
Scaffolds should not have any loose, unsecured equipment. Even the wind could send these items tumbling to the ground, putting numerous workers at risk. Workers may also accidentally drop or kick tools off scaffolding, and these falling objects can cause harm to bystanders and passersby. Some of the worst accidents occur when larger, heavier equipment, such as a ladder, falls from scaffolds. This is why it is so important to secure small tools with belts and harnesses.
Vehicles Operating at the Base
According to OSHA, vehicles operating at the base of scaffolds are “external circumstances” that can cause serious accidents. If a forklift, truck, or excavator comes into contact with the base, the entire structure may collapse. Even if the vehicle impact does not cause the scaffolding to collapse, it may weaken the structure and contribute to an accident down the road.
Extreme Weather
Extreme weather can dramatically increase the chances of a scaffold accident. Wet surfaces make slips, trips, and falls more likely. Wind can cause the structure to sway or topple, putting all workers at risk. Finally, metal scaffolding posts can attract lightning strikes, an additional and potentially deadly hazard.
Uneven Ground
Initial setup is crucial when it comes to scaffolding. Contractors must be very careful to choose even, secure ground when setting up the first layer of posts and planks. Even if the ground seems sturdy, it may eventually soften due to heavy rain, causing the entire structure to shift and topple.
Nearby Powerlines
As scaffolding rises higher and higher, it may stray dangerously close to powerlines. While contractors should never place their workers close to powerlines, many workers still find themselves within arm’s reach of high-voltage cables. Inclement weather can cause power posts to topple over, causing powerlines to impact scaffolding.
Common Injuries After a Scaffolding Accident
Scaffolding accidents can result in a wide range of physical injuries for which workers can pursue compensation. However, some scaffolding accident injuries are more common than others, including the ones discussed below.
Slips, Trips, and Falls Injuries
A fall from scaffolding can have catastrophic consequences. This type of accident can be fatal even when it occurs at relatively low heights, but death is almost guaranteed after falling about eight stories. If you survive your fall, you may struggle with a wide range of injuries, including fractures, spinal cord injuries, head injuries, organ damage, and much more. Many fall victims struggle with permanent disabilities and never work again.
Not all scaffolding injuries involve falling to the ground. For example, you might slip backward and injure your hip while standing on a scaffolding plank. Like any other walking surface, scaffolding planks should be free from debris, spills, cables, and other trip hazards. Even a sprained ankle or fractured hip can cause thousands of dollars in lost income.
Injuries Caused by Falling Objects
For workers operating at ground level below scaffolding, falling objects represent the primary threat. Even if you’re wearing a hard hat, a heavy object can easily cause a traumatic brain injury (TBI). If a wrench or hammer falls from a sufficient height, it may reach an extremely high velocity before impacting a worker down below. This is why securing loose items is so important when working on scaffolding.
Electrocution Injuries
Workers on scaffolding are often vulnerable to electrocution hazards. If you come into contact with an overhead power line, the consequences can be catastrophic. Workers who manage to survive electrocution may struggle with serious burns and permanent injuries. Lightning strikes may also cause similar injuries.
Fatalities
According to OSHA, 25 percent of all fatal falls at work involve scaffolding accidents. In addition to emotional distress, the surviving family members of workers killed in scaffolding accidents may experience significant financial pressures — especially if their deceased loved ones were the primary breadwinners.
Workers’ Compensation Benefits After a Scaffolding Accident
For injured workers across the nation, workers’ compensation offers numerous potential benefits. Even if you believe that your injuries are relatively minor, it’s a good idea to pursue maximum compensation, as the true extent of your injuries may not yet be clear. We will discuss the different types of workers’ comp benefits available to injured workers below.
Medical Benefits
Workers’ compensation should cover 100 percent of your healthcare costs after a scaffolding accident in California. These may include medical bills, hospital treatments, surgeries, rehabilitation, the cost of medication, visits to the doctor, and much more. If you are left with a permanent injury, you may continue to incur some of these costs for the rest of your life.
Disability Benefits
In California, workers’ comp disability benefits cover two-thirds of your missed wages. You should begin to receive these benefits on the fourth day of missed wages, and the payments should continue until you’re ready to return to work. If you suffer a permanent disability, however, your disability benefits may continue for the rest of your life. Although disability benefits help cover your living costs, they cannot exceed a certain maximum, an amount that fluctuates each year based on inflation.
Death Benefits
If you have lost a loved one to a fatal scaffolding accident in California, you may be eligible to file a workers’ compensation claim on their behalf. This can provide you and your family with “death benefits” that cover funeral expenses and lost future wages. Instead of receiving a certain amount per week, however, dependents generally receive lump-sum payments. Although the specific number depends on the number of dependents left behind by the deceased worker, these payments are generally worth hundreds of thousands of dollars.
Frequently Asked Questions
If you or a loved one suffered serious injuries in a California scaffolding accident, it makes sense to have questions. The best way to gain clarity is by speaking with an experienced workers’ compensation attorney. In the meantime, read through the answers to some of our most frequently asked questions.
Who is responsible for a scaffolding accident?
A wide range of negligent parties may contribute to scaffolding accidents. Safety issues may emerge during the manufacturing process, and companies may knowingly distribute defective scaffolding to contractors. Your employer might also commit safety violations that cause scaffolding to collapse. Perhaps they failed to provide you with adequate safety training or access to proper fall protection. Alternatively, your scaffolding accident may have been caused by a negligent, third-party contractor or uncontrollable environmental factors.
What should I do after a scaffolding accident to pursue damages?
The most important thing you can do after a scaffolding accident is seek immediate medical attention. If you fail to see a doctor, your medical records will not contain any evidence of your injuries, and it may become very difficult to pursue damages as a result. You should also work with a workers’ comp attorney to file an official injury report.
What type of compensation am I entitled to after a scaffolding accident in the workplace?
Many types of compensation may be possible after a scaffolding accident in the workplace. First and foremost, you should receive compensation for any medical expenses you incur as a result of your scaffolding accident. You should also receive compensation for lost income. If your scaffolding accident has left you permanently disabled, you may continue to receive compensation for missed income indefinitely.
What are the most common types of scaffold accidents?
According to OSHA, most scaffolding accidents are caused by collapses or setup problems. Examples include flooring collapses and plank collapses. OSHA also divides scaffold accidents into two further categories: Falls and “struck-by” accidents.
Contact James Koh: a Dedicated Workers’ Compensation Attorney in California
After falling from scaffolding, you might also “fall through the cracks” of the workers’ compensation system in California. In theory, this system protects all workers from the medical and financial consequences of serious injuries, but in reality, you may encounter numerous roadblocks as you fight for your right to fair compensation. Fortunately, you’re not alone in this battle. With James Koh at your side, you can pursue workers’ compensation for scaffolding accidents with confidence. Reach out today, book your consultation, and get started with an effective action plan.
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If you or a loved one has been injured on the job, please contact us to assist you with your workers’ compensation claims.
