Worker Files Personal Injury Lawsuit After Fall from Scaffolding at UChicago Medical Center

One worker was seriously injured and another was killed after scaffolding gave way during construction at the University of Chicago Medical Center.

One construction worker was seriously injured and another was killed after a scaffold collapsed at the University of Chicago Medical Center. The family of one of the injured workers filed a lawsuit against Turner Construction Company, the general contractor for the project, and Adjustable Forms, Inc., the company that erected the scaffold.

According to the lawsuit, the workers were approximately 100 feet above the ground when a portion of the scaffold allegedly moved away from the building after being struck by a strong gust of wind. The lawsuit accuses the companies of negligence and alleges that the scaffold was not properly secured for the conditions in which the workers were required to use it.

Quick Answer

The lawsuit alleges that the scaffold’s construction and the decision to allow work to continue in windy conditions contributed to the accident. OSHA’s scaffold rules require scaffolds to be properly designed, secured against movement where required, inspected by a competent person, and operated safely in high winds. OSHA does not establish a single 70-mph cutoff for every scaffold; instead, its rules address high-wind work based on the circumstances and require additional fall protection or wind protection when work continues.

What Happened in the UChicago Scaffold Collapse?

The workers were reportedly working on the core of the building from a scaffold approximately 100 feet above the ground when the incident occurred. The lawsuit alleges that part of the scaffold moved violently away from the building after a gust of wind struck it, causing both workers to fall.

One worker suffered serious injuries, while another worker was killed. The incident resulted in litigation against companies involved in the construction project as well as an investigation by the Occupational Safety and Health Administration.

Workers Were on an Elevated Scaffold

Two workers were reportedly performing construction work approximately 100 feet above the ground.

A Strong Gust Hit the Scaffold

The lawsuit alleges that part of the scaffold moved away from the building after a strong gust of wind.

Both Workers Fell

The workers fell from the elevated work area, resulting in serious injuries to one worker and fatal injuries to the other.

Lawsuits and OSHA Investigation Followed

The injured worker’s family filed suit, while OSHA investigated several companies connected to the project.

Who Was Named in the Lawsuit?

Turner Construction Company

Turner was identified as the general contractor for the construction project.

Adjustable Forms, Inc.

Adjustable Forms was identified as the company responsible for erecting the scaffold.

The two companies named in the lawsuit were among four businesses reportedly being investigated by OSHA following the incident. Another lawsuit was expected to be filed on behalf of the worker who was killed.

What Did the Lawsuit Allege?

The lawsuit alleges that the general contractor failed to take reasonable steps to ensure that the scaffold was properly erected and allowed employees to work on the scaffold despite high winds. It also alleges that Adjustable Forms failed to construct or secure the scaffold so that it would not move in the way alleged by the plaintiffs.

These allegations focus on two different aspects of construction safety: how the scaffold was designed and erected and how the scaffold was operated in the conditions present at the time.

Alleged Failure to Properly Erect the Scaffold

The plaintiffs allege that the scaffold was not constructed or secured sufficiently to prevent dangerous movement while workers were using it.

Alleged Failure to Account for Wind Conditions

The plaintiffs allege that workers were allowed to remain on the scaffold despite wind conditions that made working from the scaffold unsafe.

Alleged Failure to Prevent Dangerous Movement

The lawsuit contends that the scaffold should have been constructed or secured in a manner that prevented the movement alleged to have caused the workers to fall.

How Much Wind Is Too Much for a Scaffold?

This is one area where the original description of OSHA’s rules needs to be clarified. OSHA does not establish a universal rule saying that every scaffold must withstand winds of 70 mph before it may be used.

OSHA’s current scaffold standard provides that work on or from scaffolds is prohibited during storms or high winds unless a competent person determines that it is safe for employees to remain on the scaffold and the employees are protected by a personal fall arrest system or wind screens. When wind screens are used, the scaffold must be secured against the anticipated wind forces.

The Important Wind-Safety Rule

OSHA’s rule focuses on whether the scaffold can safely withstand the anticipated conditions and whether appropriate protections are in place. It is therefore more accurate to ask whether the scaffold was properly secured for the wind conditions and whether a competent person determined that work could safely continue than to rely on a single 70-mph number.

OSHA also requires suspension scaffolds to be tied or otherwise secured against swaying when a competent person determines that such measures are necessary. The rules also impose specific requirements concerning support devices, anchorage, counterweights, tiebacks, and other components of suspension scaffolds.

Were the Workers Required to Use Fall Protection?

Fall protection is another important issue in a scaffold accident. OSHA generally requires employees working on a scaffold more than 10 feet above a lower level to be protected against falls. The specific protection required depends on the type of scaffold.

For example, OSHA requires employees on a single-point or two-point adjustable suspension scaffold to use both a guardrail system and a personal fall arrest system. Other types of scaffolds can have different requirements.

10+

More Than 10 Feet

Employees on scaffolds more than 10 feet above a lower level generally must have fall protection.

Personal Fall Arrest

Depending on the scaffold, OSHA may require a personal fall arrest system in addition to other protective measures.

Guardrails

Guardrails are another required form of scaffold fall protection, with the exact requirements depending on the scaffold type.

The fact that a worker was not attached to a personal fall-arrest system therefore cannot be evaluated without knowing exactly what type of scaffold was being used, how it was configured, and what fall-protection system was required under the applicable OSHA standards.

What Does OSHA Require for Safe Scaffold Construction?

OSHA’s scaffold rules establish a number of requirements designed to prevent scaffolds from collapsing, swaying, or otherwise creating dangerous conditions. Among other things, scaffolds must be designed by a qualified person, constructed according to that design, inspected by a competent person before each shift, and protected against unsafe movement where the standard requires it.

Scaffold Design

OSHA requires scaffolds to be designed by a qualified person and constructed and loaded according to that design.

Inspection

A competent person must inspect scaffolds for visible defects before each work shift and after events that could affect the scaffold’s structural integrity.

Stabilization

OSHA’s rules require certain scaffold components and suspension systems to be braced, tied, or otherwise secured to prevent dangerous movement.

Safe Use in High Winds

Work on scaffolds is prohibited during storms or high winds unless a competent person determines it is safe and the workers have the required protection.

Why Can a Construction Worker Sue Someone Other Than Their Employer?

This is an important issue in construction accident cases. Workers’ compensation generally provides an injured employee with a remedy against their employer for a work-related injury, but Illinois law also recognizes claims against certain third parties whose conduct caused the injury.

Under 820 ILCS 305/5(b), when an injury or death is caused under circumstances creating legal liability for damages against someone other than the employer, the employee or personal representative can pursue a claim against that third party even when workers’ compensation benefits are available.

The Simple Explanation

Workers’ compensation can generally cover an employee’s work injury, but that does not necessarily prevent the worker or the worker’s estate from pursuing a separate negligence claim against an unrelated company that contributed to the accident.

In a large construction project, several companies can be working on the same site at the same time. The worker’s employer may be one company, while the general contractor, scaffold contractor, equipment company, property owner, or another subcontractor may be separate entities.

If one of those third parties is legally responsible for causing the injury, a separate personal injury or wrongful death claim may be possible. The specific claim depends on the facts and on any applicable statutory immunity or other legal defense.

What Evidence Matters in a Scaffold Accident?

A serious construction accident can depend on technical evidence that is not obvious from the initial accident report. Investigators may need to determine how the scaffold was designed, assembled, secured, inspected, and used immediately before the collapse.

Scaffold Plans and Design Records

Engineering plans, manufacturer specifications, installation instructions, load calculations, and other design records may help determine whether the scaffold was assembled correctly.

Inspection Records

Daily inspections, competent-person reports, repair records, and documentation of prior problems may help establish the condition of the scaffold before the accident.

Weather and Wind Information

Weather records, wind-speed readings, photographs, site observations, and communications about weather conditions may help establish whether the scaffold was safe to use at the time of the accident.

Training and Safety Policies

Employee training records, site safety policies, toolbox talks, fall-protection procedures, and instructions given to workers can become relevant to the investigation.

Photos, Video, and Witness Statements

Photos, surveillance footage, cell-phone video, witness accounts, and other visual evidence can help show how the scaffold was positioned and what happened immediately before the collapse.

OSHA Investigations and Personal Injury Lawsuits Are Different

OSHA’s investigation and a civil lawsuit serve different purposes. OSHA investigates workplace safety and may determine whether an employer or other regulated party violated federal workplace safety requirements. A personal injury or wrongful death lawsuit, by contrast, focuses on whether a legally responsible party caused compensable harm under the applicable civil law.

Evidence uncovered during an OSHA investigation can sometimes become important in civil litigation, but an OSHA violation and civil liability are not automatically the same thing. The legal claims in a personal injury case must still be established under the applicable law.

Construction Accident Claims Can Involve Multiple Companies

Large construction projects often involve a general contractor, subcontractors, equipment suppliers, scaffold companies, property owners, engineers, and other businesses. When a worker is injured, determining who was responsible for a particular safety decision can therefore require a detailed investigation.

General Contractor

May have responsibilities concerning project coordination and site safety, depending on the circumstances.

Scaffold Contractor

May have responsibilities involving the design, installation, inspection, or maintenance of the scaffold.

Other Contractors

Additional companies may have duties involving workers, equipment, site conditions, or safety procedures.

Property or Project Parties

Depending on the facts, owners and other project participants may also need to be identified and investigated.

What Damages May Be Available After a Construction Accident?

A serious construction accident can affect nearly every part of a worker’s life. Depending on the circumstances and the type of claim, compensation may address medical expenses, lost income, physical pain, emotional suffering, disability, reduced quality of life, and other legally recoverable losses.

When a worker dies, surviving family members or the estate may also have wrongful death or survival claims, depending on the applicable law and circumstances.

Medical Expenses

Emergency care, hospitalization, rehabilitation, medications, and other accident-related treatment may be part of a claim.

Lost Income

Time away from work and diminished future earning ability may be relevant depending on the injury and applicable claim.

Pain and Suffering

Physical pain, emotional trauma, disability, and other effects of a serious construction injury may be compensable under an applicable claim.

Reduced Quality of Life

Serious injuries can affect a person’s ability to work, participate in activities, and live independently.

Why a Construction Accident Investigation Should Begin Quickly

Construction sites change quickly. Scaffolding may be dismantled, equipment may be removed, weather conditions change, employees leave the project, and video or other evidence may not remain available indefinitely.

A prompt investigation can help preserve the condition of the scaffold, identify everyone involved in the project, obtain photographs and video, locate witnesses, and determine which companies were responsible for designing, erecting, inspecting, or supervising the work area.

Preserve the Evidence

Scaffold accident cases often turn on technical details. Photographs of the scaffold, inspection records, engineering documents, weather data, safety communications, witness statements, and OSHA records can all become important when determining why a collapse occurred.

Talk to a Decatur, Illinois Construction Accident Attorney

Patel Law, PC represents workers and members of the public who are injured in construction accidents. Our attorneys can investigate the companies, contractors, equipment, and safety conditions involved in a serious accident.

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217-384-1111