How to prevent scaffold falls and what to do if they occur in the US

Scaffolds are temporary structures used to facilitate access and work at height in construction, maintenance, or repair works. However, they are also a source of risk for workers who use them, as they can suffer falls from a great height that can cause serious injuries or even death.

According to the Occupational Safety and Health Administration (OSHA), scaffold falls are one of the leading causes of workplace accidents in the construction industry. In 2019 alone, there were 401 deaths from falls in this industry, of which 86 were from scaffold falls.

Therefore, it is important that both employers and employees know the prevention and protection measures that must be adopted to prevent scaffold falls and what to do if they occur.

In this article, we will explain everything you need to know about this topic, as well as the importance of having the advice and representation of a lawyer specialized in workplace accidents if you have suffered a scaffold fall or know someone who has.

Also, check out: How to Choose the Best Accident Lawyer in New York

What to do if you suffer a scaffold fall or witness one

Despite following safety rules, a scaffold fall may occur due to human error, a material defect, adverse weather conditions, or any other unforeseen factor.

In that case, it is important to know how to act and what steps to take to minimize the consequences of the accident and protect the victim’s rights.

These are the steps to follow if you suffer a scaffold fall or witness one:

– First, provide first aid to the victim and call 911 to request an ambulance. Check if the victim is conscious and breathing, if they have bleeding or fractures, and if they have any object stuck or embedded. Keep the victim still and warm until medical help arrives.

– Second, report the accident to the supervisor or person in charge of the work. Inform them about the circumstances and causes of the accident, as well as the identity and condition of the victim. Also, request a copy of the accident report and keep it as evidence.

– Third, go to the doctor as soon as possible to receive specialized medical attention. Follow the treatment indicated by the doctor and keep a record of all medical visits, diagnoses, medications, bills, and receipts. These documents will serve to demonstrate the severity of the injuries and medical expenses incurred.

– Fourth, contact a lawyer specialized in workplace accidents as soon as possible for advice and legal representation. A lawyer can guide the victim about their rights and legal options, as well as help them obtain fair compensation for their damages and losses.

Rights and Legal Options for Victims of Scaffold Falls

Victims of scaffold falls have the right to receive compensation for their damages and losses resulting from the accident. These damages and losses may include:

– Present and future medical expenses

– Present and future loss of income

– Physical and emotional pain and suffering

– Permanent or temporary disability

– Loss of quality of life

– Punitive damages in cases of gross or intentional negligence

To obtain this compensation, victims have two main legal options:

1. File a claim with the employer’s insurance company under the workers’ compensation system. This system is an administrative mechanism that covers all workers who suffer a workplace accident, regardless of fault or liability. This option has the advantage of being faster and simpler than a lawsuit, but has the disadvantage of only covering medical expenses and a portion of lost income, and does not include pain and suffering or punitive damages.

2. File a lawsuit against the responsible party under the civil liability system. This system is a judicial mechanism that allows victims to sue the person or entity that caused the accident due to negligence, recklessness, or intent. This option has the advantage of potentially covering all damages and losses that can be proven, including pain and suffering and punitive damages, but has the disadvantage of being slower and more complex than an administrative claim, and requires proving the fault and liability of the defendant.

In some cases, victims may choose both legal options, meaning they file a claim with the employer’s insurance company and a lawsuit against the responsible party. This can happen when the responsible party is a person or entity other than the employer, such as the scaffold manufacturer or supplier, the contractor or subcontractor of the work, the owner or tenant of the property, etc.

To determine which legal option is best for each case, it is necessary to have the advice and representation of a lawyer specialized in workplace accidents.

Also, check out: How to protect your job and benefits after a workplace accident?

Recommendation to hire a lawyer specialized in workplace accidents

As we have seen, suffering a scaffold fall can have serious consequences for the health and economy of victims. Therefore, it is important that they have the advice and representation of a lawyer specialized in workplace accidents.

A lawyer experienced in these types of cases can:

– Analyze the case and determine the best legal strategy to obtain fair compensation for the damages and losses suffered.

– Negotiate with insurance companies and prevent them from taking advantage of the situation or offering a lower settlement than what is deserved.

– File a lawsuit if a satisfactory agreement is not reached with insurers or if the time limit for claiming is about to expire.

– Collect and present the necessary evidence to prove the fault and liability of the responsible party and the magnitude of the damages and losses suffered.

– Defend the rights and interests of victims before the judge and jury and obtain a favorable verdict.

To choose a good lawyer, you should consider the following aspects:

– Their experience and reputation in cases similar to yours.

– Their availability and communication with their clients.

– Their honesty and transparency about the chances of success in your case and the costs of the process.

– Their fee structure. Ideally, they should work on a contingency basis, meaning they only get paid if they win your case.

Safety Standards to Prevent Scaffold Falls

OSHA establishes a series of safety standards that must be met to prevent scaffold falls and protect the physical integrity of workers. These standards refer to the requirements for design, installation, inspection, maintenance, and use of scaffolds, as well as the personal protective equipment that must be used.

Some of these standards are:

– Scaffolds must be designed by qualified personnel and comply with the required technical specifications and quality standards.

– Scaffolds must be installed by trained personnel and supervised by a competent professional. It must be verified that the surface where they are supported is firm, level, and resistant to the weight of the scaffold and the loads it will support.

– Scaffolds must be inspected before, during, and after each use by a competent professional. It must be checked that all parts are well adjusted and secured, that there are no damages or defects, and that the minimum safety distances with respect to power lines, buildings, and other obstacles are met.

– Scaffolds must be kept in good condition and free of debris, materials, or tools that may cause tripping or falling. Any damaged or defective part must be repaired or replaced immediately.

– Scaffolds must be used properly and safely by workers. The maximum load capacity of the scaffold must be respected, the number of allowed people must not be exceeded, sudden or reckless movements must not be made, and workers must not jump or climb on the scaffold.

– Workers must use appropriate personal protective equipment to prevent scaffold falls. This equipment includes a helmet, gloves, non-slip footwear, and a safety harness with anchoring system and shock absorber.

These safety standards are mandatory for both employers and employees. Non-compliance can result in administrative sanctions and civil and criminal liabilities.

In conclusion, scaffold falls are a latent risk for workers who perform tasks at height. Therefore, it is important to comply with safety standards to prevent them and to know how to act in case they occur. If you have suffered a scaffold fall or know someone who has, do not hesitate to contact us. At Law4you we have a team of lawyers specialized in occupational accidents and we are ready to help you. Call us today and request a free consultation.