If you work in construction, there is a good chance you work on scaffolding and have training in proper scaffolding usage. If you were hurt in a collapse, there are many potential people to blame, and lawsuits may be possible against third parties.
Usually, you cannot sue your employer, but you can still use Workers’ Compensation if your employer was responsible for your accident. However, if we can find a problem with the scaffolding design/manufacturing or a third party’s actions, then we may be able to help you sue a third party, separate from any Workers’ Compensation claims. However, we must find something that a party other than your employer actually did wrong to sue them.
For your free case review, call our Boston construction accident lawyers at the Law Office of John J. Sheehan at (617) 925-6407.
When Can You Sue for Scaffolding Accidents at Work?
If you were hurt because of a scaffolding collapse or other scaffolding accident while working, you can only sue in limited situations. Usually, “employees” cannot sue their “employers,” which means many construction workers would be barred from suing their boss or the construction firm they work for unless they meet certain exceptions.
Independent Contractors
The first exception is for independent contractors. These contractors can sue anyone responsible for the accident, as they have no “employer” and are not covered by Workers’ Compensation.
However, Workers’ Compensation rules might actually treat many independent contractors as employees, especially if they are working in the same trade their boss does, so always check with a Massachusetts construction accident lawyer to see what your proper status is.
Third Party Claims
Since employees cannot sue their employers, that is not as restrictive as it might seem. There may be other “third parties” that we can still sue.
Proving Fault in Third-Party Scaffolding Collapse Lawsuits
When you sue a third party for a scaffolding collapse, you have to prove that they were actually responsible for the accident. Many workers who cannot sue their employers might not be able to pin the accident on anyone but your employer or coworkers (who ultimately answer to the employer, too). But in other cases, you can find clear fault with third parties.
Usually, “fault” in these injury cases refers to “negligence.” To prove negligence, you have to show that the third party owed you a legal duty and breached that duty, and that the breach caused your accident and damages.
Violations of OSHA standards often supply the duty and breach elements, such as scaffolding that is not properly secured to the floor, has wide gaps between planks, or is missing required safety nets, lifelines, or fall arrest systems. Other duties come down to the specific context of the accident.
Examples of Third-Party Defendants for Scaffolding Collapses
Sometimes your ability to sue becomes more obvious when you compare your case to some common examples of scaffolding collapse lawsuits:
Auto Accidents
If someone crashes into the scaffolding while you are on it, odds are you can potentially sue them directly for the collapse. Scaffolding is usually set up off the roadway – potentially on the sidewalk or even inside a building. For someone to leave the roadway and crash into your scaffolding, they would likely have to be speeding, drunk, or otherwise driving dangerously.
Passersby
This same kind of issue could occur with other people passing through the construction site, like guests to the property you are working on, pranksters, or thieves interfering with the scaffolding setup.
Product Defects
If there is a defect in the design or manufacturing of the scaffolding, the company that made it could be liable. Defective and dangerous product lawsuits against manufacturers are common examples of third-party claims for construction workers and go beyond scaffolding cases, too.
Property Owners
Sometimes construction crews and contractors are hired by property owners, who might be a third party. If the property owner set up the scaffolding or failed to warn about dangers with the property that contributed to the accident, they could be liable for the collapse.
Contractor Liability
If other contractors outside of your employer-employee chain of command set up the scaffolding, they might be liable for mistakes and negligence in the setup or inspection. However, responsibility for checking scaffolding could lie with multiple parties, potentially including your employer, whom you still cannot sue for their share of the damages.
Can You File Lawsuits and Workers’ Comp Claims for Scaffolding Collapses?
Workers injured on the job are usually allowed to make Workers’ Compensation claims for all work-related injury cases, which is separate from your lawsuit.
Workers’ Compensation pays for 100% of medical bills and a certain percentage of lost wages (depending on your incapacity level). This still leaves out pain and suffering, which is why third-party lawsuits can be so helpful.
When you file a Workers’ Compensation claim, you may get paid faster, but it leaves off important damages. When you file your lawsuit later, you can get the rest of the damages filled in, but there are two major complications:
- You may have to pay back the Workers’ Compensation insurance carrier for any overlapping damages they already paid you (i.e., you cannot get paid for the same damages twice).
- If the employer and the third-party defendant share fault, you still cannot get the portion of damages assigned to your employer, reducing your payout.
Our lawyers handle both Workers’ Compensation claims and lawsuits, so we can always talk you through your eligibility for a lawsuit and how your Workers’ Compensation case might affect damages.
When to Sue a Third Party for a Scaffolding Collapse in Massachusetts
Remember that lawsuits for scaffolding collapses at work cannot be filed as lawsuits if your employer or coworkers were responsible. They also cannot be lawsuits if you were liable for your own accident. In those cases, Workers’ Compensation may be your only option.
However, if a manufacturer, driver, property owner, or other third party did cause the accident, then we can look into a lawsuit against them. It is also important to think about how they will pay: if they have no insurance to cover the accident, you may not be able to get much payment by suing them.
Call Our Construction Accident Lawyers in Massachusetts Today
Call the Law Office of John J. Sheehan at (617) 925-6407 for a free case review with our Arlington, MA construction accident attorneys.