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

One worker was seriously injured and another was killed after a scaffolding collapse at UChicago Medical Center. The family of the injured worker has filed a lawsuit against two of the firms involved in the project. The lawsuit accuses the firms of “absolutely callous acts of negligence and misconduct.”

The suit names Turner Construction Company, the general contractor for the project, and Adjustable Forms, Inc., the company that erected the scaffold as defendants. The firms are two of four companies that are currently being investigated by the Occupational Safety & Health Administration (OSHA). A second lawsuit is expected to come later on behalf of another worker who was killed in the accident.

Allegations of negligence 

According to the plaintiff’s lawsuit, the general contractor put the workers in harm’s way by failing to ensure that the scaffold was properly erected and allowing workers to work on the scaffold in high winds. It further alleges that Adjustable Forms, the company responsible for the erection of the scaffold, failed to construct the scaffold so that it would not move.

The two injured workers were 100 feet up working on the core of the building when they fell. The lawsuit alleges that part of the scaffolding “swung violently away from the wall” when it was struck by a gust of wind, causing both men to fall to the ground below.

Winds that day were blowing at about 15 to 20 mph, with some gusts reaching more than 40 mph. However, attorneys for the plaintiffs say that the wind wasn’t the issue. It was the construction of the scaffold that was defective and led to the workers’ injury and death.

OSHA requires that a hanging scaffold of the type used by the defendants should be able to withstand winds of up to 70 mph. The one used by the defendants was “even safer” than those required by OSHA. Neither worker was tethered to the scaffold at the time of the incident. Industry standards don’t require it on this type of scaffolding.

Construction accident lawsuits 

A savvy reader may wonder why the plaintiffs are allowed to file suit related to a work-related injury. That’s because most employers have employer immunity from lawsuits based on workers’ compensation insurance. In this case, the plaintiffs did not work for the companies that they are suing. They were part of a project in which several companies were interacting all at the same time. Since the companies that contributed negligence to the incident were not their employers, they are allowed to file a personal injury lawsuit. Such lawsuits are relatively common in the construction industry. But you still cannot name your employer in a personal injury lawsuit alleging negligence in Illinois.

Talk to a Decatur, Illinois Construction Accident Attorney Today 

Patel Law, PC represents the interests of workers or members of the public who are injured in construction accidents. Call our Decatur personal injury lawyers today to schedule a consultation, and we can begin discussing how you could recover damages related to your medical expenses, lost wages, and reduced quality of life.

Source:

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