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Scaffolding Accidents in Indiana and Illinois

From falls off a scaffold or in a scaffolding collapse, to struck-by object incidents or electrocution, job site scaffolding can result in serious or fatal harm.

Scaffolds are commonplace on both residential and commercial construction sites here in Indiana and Illinois.  Scaffolding is also important to getting the job done in the local warehousing and manufacturing industries, including our famous local steel mills. For more on the steel industry here, read Indiana Remains Top Steel Producer in the Nation: The Deadly Dangers of Steel Production.

What is a Scaffold?

The Occupational Safety and Health Administration (OSHA) defines a scaffold as any “elevated, temporary work platform.”  According to OSHA, scaffolds can be broken down into two types: (1) supported from the ground by poles, legs, frames, etc.; and (2) suspended from above, where ropes and pulleys hold up the scaffolding from a higher position, like a roof. 

Scaffolds come in various shapes and sizes.  Some are mobile and easily moved around the site.  Others are more established and stationary until the work is done.

Scaffolds can be made of metal, wood, or even bamboo.  They must be assembled on site according to the manufacturer’s instructions.  Their structural integrity depends upon proper assembly with a firm foothold.  Bracing and things like base plates or mud sills may be needed.  Large and complicated scaffolds may require a professional engineer to oversee assembly and placement. As a general rule, any scaffold becomes unsafe and unstable if its height meets or exceeds four times the length of the shortest section of its base. 

The failure of employers, contractors, supervisors, managers, manufacturers, designers, and other parties who have a legal duty of care and safety regarding the design, build, use, repair, or maintenance of a job site scaffold can result in a tragic accident where a worker can die from any number of causes. 

Fatal Falls From Scaffolds

Falls from a scaffold of any height may result in permanent bodily injury or death for the worker.  A slip of the foot or tripping over hazards on the scaffold surface may have a deadly result. 

These incidents are particularly horrific when the worker is found to have been provided personal protective equipment (e.g., harness) that was defective or in need of repair.  Worse yet are instances where the worker who has died in a fall from a scaffold was not given any safety equipment by the employer.

From OSHA:  Employers must provide fall protection for each employee on a scaffold more than 10 feet (3.1 m) above a lower level. [29 CFR 1926.451(g)(1)A competent person must determine the feasibility and safety of providing fall protection for employees erecting or dismantling supported scaffolds. [29 CFR 1926.451(g)(2)]

Catastrophic Injuries in Scaffold Collapse

When the entire structure fails, then the scaffold collapse can cause the deaths or permanent injury of both the workers who were standing on the scaffold when it failed as well as those pedestrians who were standing near to the structure at the time. 

Investigations into scaffold collapses can discover several different parties who failed in their duties of care and safety.  Those who designed the scaffold itself, or critical components used in the build, may be liable.  Installers tasked with putting the scaffold on the site may have made mistakes.  The manufacturer of the scaffold might have legal liability.  Finally, those responsible for the project or work site, from employers to contractors, may have allowed an improper use of the scaffolding which caused the deaths of their workers.

From OSHASupported scaffolds with a height to base width ratio of more than 4:1 must be restrained by guying, tying, bracing, or an equivalent means. [29 CFR 1926.451(c)(1)]. Supported scaffolds’ poles, legs, posts, frames, and uprights must bear on base plates and mud sills, or other adequate firm foundation. [29 CFR 1926.451(c)(2)(i) and 29 CFR 1926.451(c)(2)(ii)]

Scaffold Objects and Struck By Accidents

Anything sitting atop a scaffold can become a deadly force if it has not been secured.  Falling debris (e.g., tools, hardhats, equipment, etc.) can hit workers below and cause debilitating or fatal bodily injuries.  This is particularly true for scaffolding that is built to allow workers to work several stories above the ground. 

In these situations, the supervisors, managers, and employers may be found to have breached their duty of care in oversight of the work site and be held legally liable for the scaffolding accident.  

From OSHATo protect employees from falling hand tools, debris, and other small objects, install toeboards, screens, guardrail systems, debris nets, catch platforms, canopy structures, or barricades. In addition, employees must wear hard hats. [29 CFR 1926.451(h)(1)29 CFR 1926.451(h)(2) and 29 CFR 1926.451(h)(3)The standard prohibits work on platforms cluttered with debris. [29 CFR 1926.451(f)(13)]

Electrocution

Placement of a scaffold near any source of electricity creates the danger of a live wire coming into contact with the scaffolding and exposing workers to electrocution.  Employers, those responsible for installation, and other third parties may be liable for worker deaths from electrocution.

For more on electrocution fatalities, read: Electricity Injuries: Fatal Electrocution Accidents and Electrical Injuries and Electrocution Accidents on the Construction Site.

Weather Conditions and Scaffolding Accidents

Another contributing factor to the risk of a serious scaffolding accident is the weather.  Working on or near a scaffold in difficult weather conditions serves to increase the risk of a serious scaffold injury.

Rain

Rain, for instance, can cause the scaffold’s base to destabilize.  The scaffolding will be vulnerable to sinking into the mud, leaving the worker with an uneven foothold and increase the risk of a deadly fall.  Slippery surfaces can also cause workers to lose their balance and fall. 

Snow and Ice

Winter weather creates an especially dangerous situation for workers who are required to work on or near scaffolding.  Snow and ice both contribute to slippery surfaces and the danger of falls or falling objects.  In our severe snowstorms and blizzards, snow and ice may increase the weight on a scaffold to such a degree that the structure is impacted and prone to collapse when workers return to the site after the storm has passed. 

From OSHA:  Employees are prohibited from working on scaffolds covered with snow, ice, or other slippery materials – except to remove these substances. [29 CFR 1926.451(f)(8)]

Justice for Victims of Scaffolding Accidents in Indiana and Illinois

Workers in Indiana and Illinois may deal with scaffolding on their work site as part of their daily lives, especially those in the construction, steel, and warehousing industries.  These men and women rely upon employers to keep them safe by doing things like providing proper scaffolding safety equipment; inspecting scaffoldings regularly, and monitoring load limits for the scaffold.

For scaffolding accident victims and their loved ones, there may be legal claims available to them under the laws of negligence, defective products, product liability, workers’ compensation, and/or wrongful death that provide avenues for justice and legal recompense. 

Medical expenses, lost wages, lost earning capacity, rehabilitation costs, pain and suffering, and other legal damages may be allowed under the law. 

For more on fatal accidents on the job, read:

Scaffolding should never be taken for granted on any job site in Indiana or Illinois.  State and federal law provide legal protections for scaffolding safety to protect workers from harm.  Sadly, all too often employers and others put profits over people, ignoring the dangers that come with scaffolds on a work site.  Please be careful out there!

Contact Us

If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for damages as well as the right to justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Allen Law Group to schedule a free initial legal consultation.

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