Charlotte Scaffolding Accident Lawyer

A Charlotte Scaffolding Accident Can Raise a Second Claim You May Not Know About

When a scaffolding accident occurs, it can cause catastrophic injuries to construction workers. Scaffolding accidents often involve complex issues related to workplace safety standards, maintenance, equipment failures, and liability among contractors. If you or a loved one has suffered serious injuries in a scaffolding accident, a Charlotte scaffolding accident lawyer can explain your rights under North Carolina workers’ compensation laws.

Protecting Injured Construction Workers at Butler, Quinn & Hochman, PLLC

At Butler, Quinn & Hochman, PLLC, we have served individuals and families in Charlotte, North Carolina, and Spartanburg, South Carolina for over ten years. Our attorneys have years of experience in handling both workers’ compensation claims and personal injury claims. We understand that serious construction site injuries can often leave workers unable to return to their jobs and cause financial hardships for their families.

We offer each of our clients personalized representation and can thoroughly investigate your workplace accident to help you pursue benefits or compensation you may be entitled to under state and federal scaffolding accident laws.

Common Causes of Scaffolding Accidents in Charlotte

There were 36 construction worker deaths in North Carolina due to work injuries in 2024. Falls are one of the leading causes of these deaths. In North Carolina, falls, slips, and trips were the cause of death for 14 out of 36 construction workers.

While these statistics include scaffolding accidents, they also include falls from roofs, ladders, and other types of height-related accidents. This demonstrates the elevated risk of construction work-related injuries that occur at higher elevations.

Construction workers throughout Charlotte are often required to work on projects located above ground. As such, scaffolding is commonly used during construction projects, including exterior building repairs, commercial construction, and maintenance.

Construction is prevalent throughout Uptown Charlotte, South End, and University City, which contain large commercial buildings that may require scaffolding to build or renovate these structures. Accidents caused by scaffolding can occur due to:

• Incorrect assembly. This can involve missing braces or supports, loose connections, or scaffolding parts not properly put together.
• Fall hazards. Workers can fall when guardrails or personal fall arrest systems are not in place or used properly.
• Overloading. Construction workers can overload scaffolding platforms with equipment or materials exceeding maximum load capacities.
• Weak foundations. Scaffolding can become unstable on uneven ground when base plates are not utilized, or support legs are not positioned correctly.
• Falling objects. Tools and debris can be dropped by construction workers on scaffolding platforms, striking workers below.
• Electrical hazards. If scaffolding is erected too close to power lines, construction workers can be exposed to electrical risks.

The exact cause of a scaffolding accident should be determined by carefully reviewing how the scaffold was put together, inspection records, and the conditions present at the time of the accident.

OSHA Scaffolding Safety Requirements

There are federal workplace safety standards that provide requirements for scaffolding. Under Title 29 of the Code of Federal Regulations § 1926.451, scaffolding must be able to support its own weight plus at least four times the maximum intended load, unless special exceptions are noted. OSHA also has regulations regarding the construction of scaffold platforms, access to scaffolds, fall protection, and required inspections.

For instance, employees who work on scaffolding over 10 feet above a lower level must be provided fall protection. The type of fall protection required depends on the type of scaffold and the work being performed. Employees should also receive scaffold inspections from a competent person before starting work each day and after any incident that could impact the scaffold’s structural integrity.

Evidence of OSHA safety violations can be very valuable when looking into a workplace accident. However, there is no automatic liability established just because an OSHA violation occurred, and a private claim for damages cannot be based solely on an OSHA violation.

Injuries Commonly Caused by Scaffolding Accidents

Many different types of injuries can be caused by a scaffolding accident. Construction workers can fall from high elevations and become trapped under heavy equipment when scaffolding collapses. 

• Head injuries. Traumatic brain injuries are possible when a worker hits their head on the ground, scaffold, or construction materials. These types of injuries can cause permanent brain damage, memory loss, or other neurological issues.
• Spinal cord injuries. These injuries can cause permanent paralysis or impair a worker’s ability to move. Construction workers can suffer herniated discs, fractured vertebrae, or nerve damage when falling from heights.
• Broken bones. Broken bones can occur almost anywhere in the body. Falling from scaffolding often causes fractures in the wrists, arms, legs, and pelvis. Some bone fractures require surgery and months of rehabilitation.
• Crush injuries. When heavy pieces of scaffolding collapse on workers, they can sustain crush injuries. Internal bleeding, organ damage, and even traumatic amputations are possible serious injuries caused by being crushed.
• Electrocutions. Electrical injuries are possible when scaffolding collapses into power lines. Construction workers can suffer from burns, heart problems, and damage to the nervous system.

The type of injury that a construction worker sustains determines if they can return to work or if they are going to require accommodations to do their job.

Liability in a Scaffolding Accident

Determining who is responsible for a scaffolding accident depends on the circumstances that caused the accident to occur. Employers have a duty to provide safe working environments and follow workplace safety guidelines. In North Carolina, workers’ compensation laws may prevent injured employees from filing a claim against their employers for ordinary negligence.

If another party contributed to the scaffolding accident, they could be held liable for their negligent conduct. Other negligent parties include:

• Subcontractor. If a subcontractor was hired to put together the scaffolding and their negligent construction caused the scaffolding to collapse, they could be held liable.
• Equipment supplier. If a company rented out scaffolding to a construction company and failed to maintain or inspect the equipment, they could be held liable if their negligence caused injury.
• Manufacturer. If a defect in the scaffolding caused the accident, the manufacturer could be liable if a product liability claim can be filed.
• Property owner or general contractor. In some cases, either of these parties could be responsible for securing the safety of the worksite. There are multiple factors that determine if these parties bear responsibility.

Additional information can be found by reviewing the contract between the property owner and general contractor. Establishing responsibility can be complicated and requires knowledge of the contracts and laws applicable to the construction worksite.

Workers’ Compensation Benefits

In North Carolina, injured employees have the right to workers’ compensation benefits if they are hurt at work. Employees do not have to prove that their employer was negligent, but they do have to prove that their injury is compensable. Workers’ compensation benefits can include payment for necessary medical treatment, temporary disability benefits, and even some permanent disability benefits.

Since workers’ compensation does not allow an injured employee to recover damages for pain and suffering, those damages may be recovered by filing a third-party claim if another party was negligent. To file a third-party claim, there must be evidence that the third party was negligent.

However, it’s worth noting that North Carolina follows the contributory negligence rule, which means that if the injured worker was partially at fault for the accident, they may be barred from recovering damages.

Deadlines for Filing a Scaffolding Accident Claim

In North Carolina, workers must file a workers’ compensation claim within two years from the date of the accident. There are additional rules that dictate who can file a third-party claim during certain time periods after the accident.

Any legal claims stemming from scaffolding accidents would initiate proceedings at the Mecklenburg County Courthouse, specifically the Mecklenburg County Superior Court, situated at 832 East Fourth Street, Charlotte, NC 28202. Workers’ compensation claims are filed through the North Carolina Industrial Commission.

Why Hire a Scaffolding Accident Lawyer

If you were injured in a scaffolding accident, you should speak with an attorney immediately. An attorney can secure scaffolding inspection records, equipment details, and document the job site with photos. Your attorney can gather statements from witnesses regarding the accident.

Your Charlotte scaffolding attorney can review the accident and determine whether any OSHA safety violations occurred. If negligent parties contributed to your accident, your attorney can help you identify the contractors and equipment suppliers that may be responsible.

Your attorney can help you with your workers’ compensation claim. They know how to file the correct documents and navigate through the complicated medical requirements. If your claim is denied, your attorney can represent you during hearings before the North Carolina Industrial Commission.

If a third party is responsible for your accident, your attorney can determine whether their negligence contributed to your accident and the value of your case.

Request a Free Consultation With Butler, Quinn & Hochman, PLLC

A scaffolding accident can cause construction workers to suffer serious injuries that require extensive medical treatment and take away their ability to return to work. At Butler, Quinn & Hochman, PLLC, our attorneys help injured workers know their legal rights and seek the benefits they deserve. Our firm can investigate unsafe scaffolding, review potential workers’ compensation claims, and determine who may be liable for your injuries.

Whether your scaffolding accident occurred on a construction site in Uptown Charlotte, South End, University City, or any other community in Mecklenburg County, we can help. Contact us today for a free consultation for your case.

Our Charlotte Law Firm Office​

Address: 4801 E Independence Blvd #700, Charlotte, NC 28212

Phone: 704-569-9800

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