By Edvin Jones, Attorney at Law | Edvin Jones Injury Law | scaffolding accident lawyer Nevada
Quick Takeaways
- Falls from scaffolding and elevated work platforms are among the most serious hazards in the construction industry.
- Multiple parties may potentially be responsible, including scaffold manufacturers, installers, general contractors, subcontractors, and property owners.
- OSHA establishes specific safety requirements for scaffolding and fall protection, and violations may provide important evidence in a civil claim.
- Injured construction workers may have rights to workers’ compensation as well as potential third-party personal injury claims.
- Serious falls can cause spinal cord injuries, traumatic brain injuries, fractures, and other life-changing conditions that require substantial compensation.
- Edvin Jones Injury Law is here to help you.
Scaffolding and Fall-From-Height Accidents on Construction Sites
Falls from scaffolding, ladders, rooftops, and elevated work platforms are among the most devastating accidents that can occur on a construction site.
A fall from significant height can result in spinal cord damage, traumatic brain injuries, broken bones, internal injuries, permanent disabilities, or death. Even when a worker survives, the physical, emotional, and financial consequences can last for years.
Nevada’s continued construction activity means workers throughout Las Vegas and surrounding communities face these risks every day. If you or a family member has been injured in a construction fall, understanding your legal options is critical — particularly because workers’ compensation may not be the only source of recovery available.
Common Causes of Scaffolding and Fall Accidents
Scaffolding and fall accidents can occur because of unsafe equipment, inadequate supervision, poor training, or dangerous working conditions.
Common causes include:
- Defective or improperly assembled scaffolding: Incorrect installation, missing guardrails, inadequate planking, or improper support can make scaffolding unsafe.
- Overloaded scaffolding: Exceeding the scaffold’s rated capacity can cause structural failure or collapse.
- Slippery surfaces: Water, ice, mud, oil, or construction materials on scaffold platforms can increase the risk of falls.
- Inadequate fall protection: Missing or improperly used harnesses, guardrails, lanyards, or safety nets can expose workers to dangerous falls.
- Equipment failure: Structural defects, damaged components, corrosion, or defective materials can cause scaffolding to fail.
- Inadequate training: Workers may be placed in dangerous situations when employers or contractors fail to provide appropriate safety training or supervision.
Who Can Be Liable for a Scaffolding Accident?
Determining who is responsible for a construction-site fall requires a detailed investigation. Depending on the circumstances, potentially responsible parties may include:
Scaffolding Manufacturers
If a defective component, material, or design contributed to the accident, the manufacturer may potentially face product liability claims.
Scaffolding Erectors or Contractors
A company responsible for assembling or installing scaffolding may be liable if the structure was improperly erected, inspected, or maintained.
General Contractors
A general contractor may potentially be responsible when it failed to maintain reasonably safe job-site conditions or failed to address known safety hazards.
Property Owners
Depending on the circumstances and their level of control over the property or construction site, property owners may potentially share responsibility for dangerous conditions.
The Worker’s Employer
Injured employees are generally entitled to pursue workers’ compensation benefits for qualifying workplace injuries. Workers’ compensation can cover certain medical expenses and wage-related benefits, regardless of who caused the accident.
However, workers’ compensation generally operates differently from a third-party personal injury claim. If someone other than the injured worker’s employer contributed to the accident, a separate third-party claim may potentially provide additional damages.
Workers’ Compensation and Third-Party Claims
One of the most important issues after a construction accident is determining whether another party besides the employer may be legally responsible.
For example, a construction worker may receive workers’ compensation benefits through their employer while also having a potential claim against:
- A scaffolding company
- A general contractor
- A subcontractor
- A property owner
- A manufacturer of defective equipment
A third-party personal injury claim may allow an injured worker to pursue categories of damages that are not available through workers’ compensation, depending on the circumstances.
Because these claims can involve different legal standards and deadlines, it is important to identify all potentially responsible parties as early as possible.
Why Prompt Investigation Matters
Evidence at a construction site can disappear quickly.
Scaffolding may be repaired, dismantled, or replaced. Equipment can be moved. Surveillance footage may be overwritten. Construction companies may continue work and alter the accident scene. Witnesses may also forget important details over time.
A scaffolding accident lawyer Nevada workers can rely on can take steps to document the accident, preserve evidence, identify witnesses, obtain relevant records, and investigate potential safety violations.
Important evidence may include:
- Photographs and video of the accident scene
- Scaffolding inspection and maintenance records
- OSHA reports and citations
- Safety manuals and training records
- Employee and contractor records
- Witness statements
- Surveillance footage
- Equipment specifications and manufacturer records
- Medical records
- Accident reports
How OSHA Violations Can Affect Your Case
OSHA regulations establish safety requirements for many aspects of construction work, including scaffolding and fall protection.
When a company receives an OSHA citation or investigators identify a safety violation, that information may be relevant evidence in a related civil claim. However, an OSHA violation does not automatically establish civil liability. The specific facts, applicable law, and connection between the violation and the injury still need to be established.
An attorney can investigate whether OSHA records, inspection findings, or other safety documentation support your claim.
Compensation After a Scaffolding or Fall Accident
Depending on the type of claim and circumstances of the accident, an injured worker may be able to pursue compensation for losses such as:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Physical pain and suffering
- Emotional distress
- Permanent disability or impairment
- Rehabilitation and therapy
- Other accident-related losses
In a fatal construction accident, eligible family members may also have a potential wrongful death claim.
Contact Edvin Jones Injury Law
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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.
Frequently Asked Questions
Can my family file a claim if I was killed in a scaffolding fall?
Potentially, yes. Eligible family members may be able to pursue a wrongful death claim against responsible third parties. Workers’ compensation death benefits may also be available depending on the circumstances. The available claims and damages depend on Nevada law and the facts of the accident.
What if I signed a liability waiver before working on the construction site?
Signing a waiver does not necessarily eliminate your legal rights. The enforce ability and scope of a waiver depend on its language, the circumstances in which it was signed, and the applicable law. An attorney can review the document and determine whether it affects your potential claims.
How can OSHA violations be used in a civil case?
OSHA citations, inspection findings, and other safety records may provide evidence that a company or other responsible party failed to follow applicable safety requirements. However, an OSHA violation does not automatically prove civil liability. Your attorney must establish how the violation relates to the accident and your injuries.
Can I file a third-party lawsuit if I am already receiving workers’ compensation?
Possibly. Workers’ compensation and a third-party personal injury claim are separate legal avenues. If a party other than your employer contributed to your accident, you may potentially have a claim against that party while also receiving workers’ compensation benefits.
How long do I have to file a scaffolding accident claim in Nevada?
The deadline depends on the type of claim and the parties involved. Workers’ compensation claims have specific reporting and filing requirements, while third-party personal injury claims are subject to applicable statutes of limitations. Claims involving government entities can involve additional notice requirements and shorter deadlines. Prompt legal advice is important to avoid losing a potential claim.
