Are Employers Liable for Unsafe Scaffolding?
Scaffolding is one of the most common sources of serious workplace injuries in Nebraska. When scaffolding is improperly erected, poorly maintained, or inadequately equipped, the consequences can be severe, and the workers who depend on that equipment to do their jobs safely deserve answers about their rights.
At Andres Law Offices, we represent injured workers throughout Omaha and Douglas County who have been hurt on the job, including those injured in scaffolding accidents.
Why Scaffolding Accidents Happen
Scaffolding failures rarely happen without a reason. Common causes include improper assembly by workers who were not adequately trained, the use of damaged or substandard materials, failure to account for weight limits, inadequate guardrails or fall protection, and unstable ground conditions beneath the scaffold’s base. In some situations, the scaffolding itself is defective from the point of manufacture.
Whatever the cause, a scaffolding accident can result in serious injuries, including broken bones, spinal cord injuries, traumatic brain injuries, and, in the most severe cases, fatalities.
Workers’ Compensation Coverage for Scaffolding Injuries
Under Nebraska law, most employees who are injured on the job are entitled to workers’ compensation benefits regardless of who was at fault for the accident. This means that if you were injured in a scaffolding accident while performing your job duties, you are generally entitled to file a workers’ compensation claim without needing to prove that your employer did anything wrong.
Workers’ comp benefits can cover your medical expenses, a portion of your lost wages during recovery, and compensation for any permanent impairment resulting from the injury. The no-fault nature of Nebraska’s workers’ compensation system is designed to provide injured workers with a straightforward path to benefits without the burden of establishing negligence.
Employer Responsibility for Safe Working Conditions
Nebraska employers have a legal obligation to provide a reasonably safe workplace. When it comes to scaffolding, that means ensuring equipment is properly erected, regularly inspected, and appropriate for the work being performed. Employers who cut corners on scaffolding safety or who fail to follow applicable safety standards are putting workers at serious risk.
While workers’ compensation generally limits an injured employee’s ability to sue their employer directly, the existence of a workers’ comp claim does not necessarily close the door on all additional legal options. Depending on the circumstances of the accident, other parties may bear responsibility as well.
Third-Party Liability in Scaffolding Cases
When a scaffolding accident is caused by someone other than the employer, such as a scaffolding contractor, equipment manufacturer, or property owner, a separate claim against that third party may be available in addition to a workers’ compensation claim. These situations are worth exploring carefully, as they can open the door to compensation beyond what workers’ comp alone provides.
Talk to Our Nebraska Workers’ Compensation Attorney
If you were injured in a scaffolding accident, understanding your full range of options is the right first step. At Andres Law Offices, we represent injured workers and are ready to evaluate your situation. Contact us at 402-491-4003 or reach out online to schedule a consultation today.