Illinois Scaffolding Accident Lawyers

Award-Winning Construction Injury Attorneys For Workers Injured By Scaffolds

Construction work is among the most dangerous occupations in Illinois—and scaffolding is one of the riskiest aspects of the job. Whether working on a commercial high-rise or a residential renovation, laborers rely on scaffolds to elevate them above ground level. When scaffolding is defective, improperly installed, or lacks adequate fall protection, workers can suffer devastating injuries or even death.

At John J. Malm & Associates,we represent injured construction workers, including non-union laborers, day laborers, subcontractors, and undocumented workers who have been seriously hurt in scaffold accidents. Our top-rated Illinois construction accident attorneys understand the complex safety regulations governing scaffolds and knows how to pursue maximum compensation from negligent employers, property owners, and contractors.

What Is Scaffolding?

Scaffolding refers to temporary structures used to support workers and materials during the construction, repair, or cleaning of buildings and other large structures. Common types of scaffolding include:

• Supported scaffolds: Platforms supported by load-bearing poles, frames, or legs.
• Suspended scaffolds: Platforms suspended by ropes or cables, often used for window washing and exterior repair.
• Rolling scaffolds: Mobile scaffold units on wheels or casters.

These structures must be assembled and maintained according to safety regulations, particularly those set forth by the Occupational Safety and Health Administration (OSHA).

Scaffolding Accident Statistics

Scaffolding accidents are alarmingly common. According to OSHA and the U.S. Bureau of Labor Statistics (BLS):

• Approximately 65% of the construction workforce in the United States—over 2.3 million workers—perform work on scaffolds.
• Falls from scaffolding result in roughly 4,500 injuries and 60 deaths annually in the U.S.
• In 2022, falls from elevation—including scaffolds—accounted for 37.4% of construction fatalities, making them the leading cause of death in the industry.
• In a BLS study, 72% of workers injured in scaffold accidents reported that the planking or support gave way, they slipped, or they were struck by a falling object.

Illinois sees hundreds of scaffold-related injuries annually, particularly in Chicago and surrounding urban areas where high-rise development is common.

Common Causes of Scaffolding Accidents

Scaffold-related injuries are nearly always preventable. They typically occur when safety protocols are ignored or corners are cut to save time or money. The most common causes include:

1. Improper Construction or Assembly

Scaffolds must be erected under the supervision of a competent person as defined by OSHA (29 CFR 1926.451). Mistakes in setup—such as failing to level the base or secure the frame—can cause collapses.

2. Lack of Fall Protection

Scaffolds more than 10 feet above a lower level must have guardrails, personal fall arrest systems, or both. Many job sites violate these basic safety requirements.

3. Overloading

Scaffolds must be able to support their own weight and at least four times the maximum intended load (OSHA standard). Overloading with tools, materials, or multiple workers can lead to collapse.

4. Inadequate Training

Workers must receive training on scaffold safety, including load limits, fall protection, and recognizing hazards. Inexperienced or untrained laborers are far more likely to be injured.

5. Poor Weather Conditions

Rain, snow, and ice can make scaffold surfaces slippery. Strong winds can destabilize suspended scaffolds. Contractors are required to monitor and adjust for these risks.

6. Falling Objects

Tools or materials dropped from scaffolds can seriously injure those working or walking below. OSHA requires toeboards and netting to prevent falling debris.

Common Injuries in Scaffold Accidents

Scaffolding injuries are often catastrophic due to the height and force of impact involved. Victims may suffer:

• Traumatic brain injuries (TBI) from falls or falling objects
• Spinal cord injuries, paralysis, or herniated discs
• Multiple fractures, especially in the arms, legs, ribs, or pelvis
• Internal bleeding or organ damage
• Severe lacerations and disfigurement
• Wrongful death, particularly in falls over 20 feet

Many injured workers require emergency surgery, long-term physical therapy, and extensive time off work.

OSHA Scaffold Safety Requirements

To prevent injuries and fatalities, OSHA has enacted comprehensive regulations governing the use of scaffolding. Under 29 CFR 1926 Subpart L, employers are required to:

• Ensure all scaffolds are designed by qualified persons
• Erect scaffolds according to manufacturer instructions
• Provide fall protection systems when workers are above 10 feet
• Use guardrails, midrails, and toeboards
• Conduct regular inspections
• Train workers in scaffold safety

Violations of these regulations can serve as critical evidence in personal injury and wrongful death lawsuits.

Who Is Liable in a Scaffolding Accident?

One of the most important roles of a construction accident lawyer is identifying who is legally responsible for a worker’s injuries. Multiple parties may share liability after a scaffold accident:

1. Employers

In Illinois, most workers are covered by the Illinois Workers’ Compensation Act, which provides medical benefits, lost wages, and disability payments. However, workers generally cannot sue their employer unless there was intentional harm or no workers’ compensation insurance.

2. General Contractors and Subcontractors

General contractors are responsible for maintaining a safe job site. If they failed to ensure proper scaffold assembly, fall protection, or training, they can be held liable in a third-party personal injury lawsuit.

3. Property Owners

Under Illinois’ Premises Liability Act, property owners can be held liable if they exercised control over the job site and failed to remedy known hazards.

4. Scaffold Manufacturers

If the scaffold was defective due to a design or manufacturing flaw, a product liability claim may be filed against the manufacturer or distributor.

5. Construction Managers or Engineers

Construction managers may be liable if they failed to coordinate subcontractors or permitted unsafe conditions.

Legal Remedies Available to Workers Injured by Scaffolds

Workers’ Compensation Benefits

Most injured construction workers can file a claim for:

• All related medical expenses
• Temporary total disability (TTD) for lost income
• Permanent partial disability (PPD) or total disability (PTD)
• Vocational rehabilitation

These benefits are available regardless of fault, but they do not include compensation for pain and suffering.

Third-Party Lawsuits

If a third party (not your direct employer) caused or contributed to your injuries, you may be eligible to file a personal injury claim seeking damages for:

• Past and future medical bills
• Lost income and reduced earning capacity
• Pain and suffering
• Emotional distress
• Disability and disfigurement

These claims can be pursued in addition to a workers’ compensation claim.

Wrongful Death Lawsuits

If a loved one dies in a scaffold accident, surviving family members may file a wrongful death claim. Compensation may include:

• Funeral and burial costs
• Loss of financial support
• Loss of companionship
• Grief and emotional suffering

What to Do After a Scaffold Accident

If you or a loved one has been injured in a scaffold accident, it is important to take the following steps:

1. Seek medical attention immediately.
2. Report the accident to your supervisor or employer in writing.
3. Document the scene by taking photos of the scaffold, safety equipment, and your injuries.
4. Get contact information for witnesses or coworkers.
5. Do not sign anything from an insurance company or employer until you speak with an attorney.
6. Contact an experienced Illinois construction accident lawyer as soon as possible to preserve your rights.

Our Experience with Scaffolding Injury Cases

At John J. Malm & Associates, we have recovered significant settlements and verdicts for workers injured on scaffolding in Naperville, Aurora, Chicago, and throughout the state of Illinois. Our team conducts detailed investigations, retains leading construction safety experts, and fights back against insurance companies that try to deny responsibility.

Frequently Asked Questions (FAQs) About Scaffold Accidents

Can I sue my employer for a scaffolding injury?

In most cases, no—you must file a workers’ compensation claim. However, if a third party (such as a contractor or manufacturer) was negligent, you can file a separate lawsuit against them.

What if I’m an undocumented worker?

Under Illinois law, undocumented workers still have the right to receive workers’ compensation and may also file injury lawsuits against third parties.

Call the Experienced Illinois Scaffolding Accident Lawyers at John J. Malm & Associates

If you’ve been injured in a scaffolding accident, you are not alone—and you don’t have to face the insurance companies by yourself. At John J. Malm & Associates, our award-winning construction accident attorneys understand the physical, emotional, and financial toll a scaffolding injury can take. We are here to hold negligent parties accountable and recover the compensation you deserve.

Our firm offers free consultations and works on a contingency fee basis, meaning you don’t pay unless we win your case. Call us today at (630) 527-4177 or fill out our online contact form to schedule your consultation. Let us help you protect your rights and your future.