Reliable scaffolding is integral to nearly every construction project and many other types of work. To protect workers, pedestrians, and any others exposed to scaffolding in Arkansas, many safety regulations have been placed on owners and managers of sites using scaffolding.
Both state and federal laws place stringent scaffolding safety regulations, but the Occupational Safety and Health Administration (OSHA) scaffolding laws serve as the standard to be followed. OSHA regulations cover all areas of scaffolding safety, including the load capacity for the job and procedures for installing, moving, disassembling, and inspecting scaffolding. Project managers and property owners must also provide equipment to protect workers from falling, as well as protect against falling objects. If these parties violate one or more of OSHA’s regulations, our team can help you determine how to cover your losses. Injured employees can usually get Workers’ Compensation, but we will see if filing a lawsuit is an option.
Call us today at (479) 316-0438 for your free case assessment with our Arkansas construction accident attorneys.
Understanding Scaffolding Safety Regulations in Arkansas
While scaffolding is one of the most widely used pieces of equipment on construction sites and workplaces, it is also one of the most hazardous. As such, OSHA has established numerous regulations for their use, which Arkansas’s property owners and project managers must follow. If these regulations are violated and cause your injuries, our Arkansas construction accident lawyers can help prove it so that you get compensated. Of the many OSHA regulations regarding scaffolding, the following are some of the most important:
Scaffolding Capacity
The scaffolding’s “capacity,” or how much weight it must hold, is at the top of OSHA’s regulations under 29 C.F.R. § 1926.451(a). Every scaffold and its components must be able to support, without fail, its weight plus at least four times the maximum weight of the load intended for the scaffolding. A scaffolding’s suspension must also be able to resist a minimum of four times the “tipping moment.”
Scaffolding Construction
Scaffolding must also be fully planked, with decks between the guardrails and front uprights, while meeting the other standards under § 1926.451(b).
A qualified and competent person in scaffolding must also supervise the construction, alteration, movement, and disassembly of any scaffolding, as per § 1926.451(f)(7). If the project manager does not select a competent worker, devastating accidents can occur, such as the scaffolding being placed too close to power lines or unstable ground or allowing untrained workers to construct it.
Fall Protection
The responsible parties must also ensure that adequate fall protection is installed when using scaffolds that meet the regulations under § 1926.451(g). This includes installing the proper guards, harnesses, and other fall equipment for anyone working on or near the scaffolding.
Scaffolding areas must also have falling object protection, as defined by § 1926.451(h). If there is any danger that tools or equipment could fall from the scaffolding, the hazardous area below should be barricaded to prevent workers from entering it. Guardrails and decks must also be installed so that openings prevent falling objects from passing through.
Scaffolding Inspections
In addition to overseeing the construction and disassembly of scaffolding, competent individuals must also be appointed to inspect for visible defects at the start of each work shirt or after an incident potentially affecting the scaffolding’s integrity, according to § 1926.451(f)(3). If any scaffolding component is damaged or weakens the structure’s capacity, it must be replaced or repaired immediately and cannot be put back into service until completely repaired, as per § 1926.451(f)(4).
How Can I Recover Compensation After an Arkansas Scaffolding Accident
Scaffolding accidents often result in serious injuries to victims, who will need help covering their losses. However, how you can go about recovering compensation will depend on whether you were injured while working on the scaffolding or were just nearby when the accident occurred. Most injured workers in Arkansas must file a Workers’ Compensation claim rather than a lawsuit to recover benefits, according to Ark. Code § 11-9-105(a). If you were simply going about your day when injured in a scaffolding accident, you can likely go straight to filing a lawsuit against the negligent parties.
A Workers’ Compensation Claim
If you were injured on the job while working on scaffolding, Worker’s Compensation might be your sole remedy to cover your losses. One significant benefit of this system is that you do not have to prove that your employer or anyone else acted negligently to get compensation. You just need to report your scaffolding accident to your employer within 30 days and submit to an independent medical examination conducted by a doctor of your employer’s choosing.
The drawback is that injured workers can only file a lawsuit against their employer in Arkansas under limited circumstances. For example, if your employer knowingly violated one of the regulations discussed above, Workers’ Compensation would be an option, but you could file a lawsuit to recover additional damages. You can also file a lawsuit if your employer never filed your Workers’ Compensation claim, as per § 11-9-105(b)(1).
A Personal Injury Lawsuit
Worker’s Compensation laws only apply to workplace accidents. If you were injured on your personal time or meet an exception above, a lawsuit will likely be your best option for compensation.
One major advantage lawsuits provide over Workers’ Compensation is that you can recover both economic and non-economic damages in a lawsuit. Workers’ Compensation does not provide any benefits for non-economic losses, your “pain and suffering, regardless of the impact the scaffolding accident has on your life. It will likely only cover a certain percentage of your lost wages rather than your full lost income.
In a lawsuit, you can pursue all damages from the negligent parties that we can prove. You might even be entitled to punitive damages if the scaffolding violations that led to your accident were intentionally made.
Contact Our Arkansas Construction Accident Attorneys in Arkansas Today for Help Covering Your Scaffolding Accident Damages
Contact our Arkansas construction accident lawyers at (479) 316-0438 for a confidential and free case review today.