A Charlotte Scaffolding Accident Lawyer Can Help You Get Compensation

Scaffolding Accident Lawyer

If you work with platforms and frames as a part of your day-to-day job, it can result in serious and catastrophic incidents. If you are injured on the job, hiring a North Carolina scaffolding accident lawyer is highly recommended.

At Sumwalt Anderson, we are dedicated to helping accident victims recover the compensation they deserve after a scaffolding accident. Receiving the maximum settlement possible after a scaffolding accident and injury is essential to helping you recover and ensuring your financial security. We are here to help through each step of the legal process.

Statistics show there are over half a million construction accidents in the U.S. every year. One out of five of these involves scaffolding. While OSHA has released guidelines and standards regarding scaffolding work, many construction managers and companies ignore the rules. We take holding these entities legally responsible serious.

Using our legal services means you will have a professional and experienced team investigating your case to determine what caused your accident. We understand that these incidents can be caused by several factors, including lack of proper safety features, negligence, improper construction, defective equipment, and more.


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Hazardous Conditions That Can Cause Scaffolding Accidents

OSHA (Occupational Safety and Health Administration) has regulations in place to protect workers by mandating certain safety features. It’s required that employers follow the set safety standards to keep a workplace free from safety or health hazards. For scaffolding, OSHA mandates the following safety components:

  • Fastening pins
  • Mudsills and base plates
  • Work platform decking
  • Scaffold ties
  • Toe boards
  • Guardrails
  • Side brackets.

There are several construction companies that don’t maintain safety equipment properly. Some view it as being too expensive or unnecessary. However, if a company fails to maintain the safety features and equipment required, it is considered an OSHA violation and can lead to accidents, injuries, and penalties.

Getting to Know the Different Types of Scaffolding Accidents

There are several different types of scaffolding accidents that can occur to construction workers. Some of the most common causes are:


A scaffold is an elevated platform used for construction purposes. Because of the height, they require proper protection against falls. This includes guardrails, which will keep a worker from falling off the side of the scaffolding in the course of their work.


If a scaffolding structure isn’t properly supported or installed, it may collapse. Because of this risk, it’s imperative that these are built carefully and properly. All workers using a scaffold platform are at risk of falling due to a collapsing scaffold platform. If the equipment or workers using the scaffold exceed the weight limit, then it may collapse.

Falling Objects

Sometimes, objects are dropped from a scaffold. Additionally, items can fall on the platform and injure those on it, causing them to fall too. Construction debris is also common on job sites and makes up a lot of falling object accidents.


This is a significant risk if you are working in an area where there are wires overhead or close to the scaffolding. If wiring isn’t properly protected, it can result in an electrocution accident. If a construction worker comes in contact with electricity and faints or becomes unconscious while they are on a scaffold, they are at risk of falling.

Common Injuries Caused by Scaffolding Accidents

Accidents on a construction site can cause several serious injuries. Some of the most common scaffolding accident injuries include:

  • Traumatic brain injuries (TBI): If workers fall from scaffolding, or if the scaffolding collapses and falling objects hit someone below, the individual struck will likely experience a serious head and brain injury.
  • Spinal cord injuries: If you fall from a high location, it will probably cause trauma to the neck or back. Injuries to the spinal cord can result in permanent paralysis.
  • Electrocution: When scaffolding collides with or touches power lines, the metal will become a conduit for electricity, which causes electrocution.

If you or someone you love has been injured in a scaffolding accident, our legal team can help you recover the compensation you deserve. The first step is to schedule an initial meeting with our team by calling (704) 377-3770.

Who Do You Have the Right to Sue After a Scaffolding Accident?

A scaffolding accident can be caused by property owners who don’t ensure safe working conditions, don’t guard against negligence, or provide defective equipment.

If you plan to file a personal injury lawsuit against the liable party, it’s important to determine who this is. The circumstances of your accident will determine who may be liable. Some of the parties you may be able to file a lawsuit against include:

  • Property owner
  • Scaffolding manufacturer
  • Construction worker
  • Subcontractor or contractor
  • Construction company.

Keep in mind that if you want to prove that your injury was caused by one of the parties above, you must:

  • Show that the defendant (accused at-fault party) owed you a duty of care
  • Show that they breached that duty of care
  • Show that the breach resulted in your injuries
  • Show that you suffered damages because of the breach.

If your personal injury lawsuit is successful, you may be able to recover compensation for all or some of the following:

  • Medical costs
  • Lost wages
  • Property damage
  • Lost earning capacity
  • Pain and suffering.

If you are the family member of someone who was killed during or because of a scaffolding accident, then you have the right to file a wrongful death lawsuit against the party determined liable for the accident.

Some of the damages you can recover in this situation include:

  • Funeral and burial costs
  • Money the deceased individual would have earned if they continued working
  • Compensation for the loss of the individual’s support and companionship.

When Are Employers Responsible for Scaffolding Accidents?

According to “respondeat superior” laws, employers can be vicariously liable for the negligence of employees. An employee may not have the funds to cover damages caused by a scaffolding accident. Even if this is the case, the employer itself (like a general contractor) will likely be able to cover damages or have insurance in place to cover the damages. This will then be used to provide compensation to the victim.

For a vicarious liability claim against an employer, the accident victim is required to prove:

  • Their injury was caused by the employee’s negligence
  • The victim was working within the scope of their job when the accident and injury occurred.

When Can a Property Owner be Held Liable for Scaffolding Accidents?

A property owner has a duty to anyone who legally comes on their property. They must ensure the area is hazard-free. If the owner or occupier of a property has scaffolding on-site, it is their responsibility to ensure there is no hazard to those coming on the property.

According to premises liability laws, a property owner must repair any hazardous conditions present or provide a warning of their presence.

Defective Scaffolding Equipment

Even in situations where a worker has followed all the set safety regulations and ensured the scaffolding was installed properly, defects with the equipment may cause it to collapse. This can result in a serious injury.

In this situation, it may be possible to file a product liability lawsuit. Anyone who sells defective products is considered strictly liable for the damages that are caused by the defect. The victim in this situation is not required to prove that a single person was negligent. Instead, it’s necessary for them to show:

  • The defendant is the one who sold, manufactured, or designed the item.
  • The product was already defective when it was sent out by the defendant.
  • The victim used the item in a reasonable manner.
  • The victim experienced damages due to the defect.

It is possible to make a defective scaffolding product liability claim because of warning, design, or manufacturing defects.

How Can a Personal Injury Attorney Help in Your Scaffolding Accident Case?

When you hire our scaffolding accident lawyer, you will find our legal services are beneficial for several reasons.

For example, we will help ensure you receive immediate medical evaluation and treatment. We can also provide support and assistance when it comes to managing your ongoing care needs.

Once your medical needs are addressed, our legal team will launch a full investigation into the accident to determine what happened and gather evidence. If the accident was caused by someone else, we could start proceedings to hold them liable and help you recover compensation.

When Can You File for Workers’ Compensation Benefits for Scaffolding Accidents?

If you are injured in the course of your job, you have the right to recover workers’ compensation benefits.

Some of the costs that these benefits will cover include:

  • Medical care and treatment for your injuries
  • Temporary disability benefits to cover lost wages
  • Permanent disability benefits if you experience a permanent loss of function
  • Job displacement benefits if you have to be retrained for a new job.

Having an attorney that understands how workers’ compensation laws work will be helpful to ensure you get the benefits you are owed.

Why Should You Hire a Scaffolding Injury Attorney?

As mentioned above, hiring an attorney to help with your scaffolding injury case will offer several benefits. First of all, an experienced attorney understands how to value your case and situation. This helps to ensure that the liable party will be held responsible and required to pay the victim’s damages.

An attorney will also be able to find hidden value in these claims to help maximize the compensation a victim receives. This makes these legal services invaluable when it comes to getting the maximum amount of compensation for your claim.

Contact Our Legal Team for Help with Your Scaffolding Accident and Injury Case

If you are injured in a scaffolding accident, you have rights. At Sumwalt Anderson Law Firm, our legal team is ready to help you determine who is liable for your accident and injuries and help you recover compensation for your case.

The first step is to get in touch with us to schedule a free consultation. You can contact us by calling (704) 377-3770. We will review your case and then help you with the legal process you must follow to recover compensation. Don’t wait to call to get help for the injuries you suffered in a scaffolding accident.

Attorney Richard Anderson

Richard “Rick” Anderson is a native Charlottean. He received his Bachelor of Arts Degree from The University of North Carolina at Chapel Hill in 1990 and his Juris Doctorate law degree from the Wake Forest University School of Law in 1993. Rick focuses his practice on workers’ compensation, medical negligence, and catastrophic personal injury cases. You will find Rick to be an honest and dedicated advocate ready to fight for his clients. When he accepts your case, Rick makes a personal commitment to you and uses his 27 years of knowledge and experience to advance your lawsuit to achieve a successful outcome. [ Attorney Bio ]

millionRecovered on behalf of a gentleman (plaintiff/client) who was working as a vinyl window installer on a metal ladder when the ladder struck a live electrical wire. Learn more.
millionRecovered negotiated on the behalf of our client who was rendered a paraplegic due to a spinal fracture after falling from a roof in the course and scope of his employment as a construction worker. Learn more.
millionRecovered for a construction worker from Texas who suffered a catastrophic spinal cord injury following a fall from a roof while working on a job site in Charlotte, NC. Learn more.
millionRecovered on behalf of our client who sustained a spinal cord injury in the course and scope of his employment as a production worker in a manufacturing plant. Learn more.
millionRecovered on behalf of the gentlemen (plaintiff/client) who sustained an injury when he slipped and fell on an icy ramp during his employment. Learn more.
millionRecovered on behalf of a client who was injured in the course and scope of her employment as a nurse when attacked by a patient. Learn more.

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