Maryland Scaffolding Accident Attorney
Scaffolding failures happen fast, and the injuries they leave behind are often catastrophic. Falls from scaffold platforms, collapses of improperly assembled structures, and falling objects from elevated work areas send thousands of construction workers to hospitals every year. For workers in Maryland, the legal picture after a scaffolding accident is more complicated than a standard workers’ compensation claim, because multiple parties are usually involved and multiple legal theories may apply. A Maryland scaffolding accident attorney at Berman | Sobin | Gross LLP can evaluate the full picture of who bears responsibility and pursue every avenue of recovery available to you.
Why Scaffolding Accidents Produce the Injuries They Do
Scaffolding puts workers at elevation, often for extended periods and over hard or cluttered surfaces below. The construction sites where scaffolding is most common in Maryland, including large commercial builds in Baltimore and Montgomery County, highway and bridge work along I-270 and I-95, renovation projects in historic Annapolis buildings, and large-scale infrastructure jobs across the state, all share a common feature: the ground is unforgiving, and a fall from even a modest height can mean multiple fractures, traumatic brain injury, spinal damage, or worse.
The accidents themselves usually fall into a few categories. Planks that were not properly secured shift or give way underfoot. Scaffolding that was assembled by a subcontractor without adequate inspection collapses under load. Guardrails that were removed for convenience are never replaced. A coworker drops a tool or a piece of material from an upper tier. Each of these situations involves choices made by someone, whether a general contractor, a scaffolding rental company, a subcontractor, or a building owner, and those choices have legal consequences.
The medical costs that follow a serious scaffolding fall tend to be substantial. Spinal cord injuries may require surgery, rehabilitation, and long-term care. Traumatic brain injuries can affect cognition, personality, and the ability to work for years. Even fractures to the pelvis or lower extremities can mean months away from the job and, in some cases, permanent limitations on the physical work a person can do.
Third-Party Liability and What It Means for Your Recovery
Maryland workers’ compensation covers medical treatment and a portion of lost wages when you are hurt on the job. That coverage exists regardless of fault, which is its advantage. Its limitation is that it does not compensate for pain and suffering, full lost earnings, or the long-term economic impact of a disabling injury.
In many scaffolding accident cases, a third party, meaning someone other than your direct employer, played a role in causing the accident. That opens the door to a separate civil claim, and the potential recovery in that claim is broader than what workers’ compensation alone can provide.
General contractors on Maryland construction sites carry significant responsibility for site safety under both federal OSHA standards and state law. If the general contractor failed to ensure that scaffolding was erected to code, failed to enforce safety protocols, or directed work that created the dangerous condition, they may be liable. Scaffolding rental companies can face product liability or negligent maintenance claims if the equipment was defective or improperly inspected. Subcontractors who assembled the scaffold may be negligent in their own right. Property owners sometimes bear responsibility when they knew of a hazard and failed to address it.
Pursuing both a workers’ compensation claim and a third-party civil case at the same time requires careful coordination. There are offset rules and lien rights that affect how any civil recovery interacts with benefits already received. Working through that structure correctly matters a great deal to how much a worker actually puts in their pocket at the end of the process.
How Berman | Sobin | Gross LLP Approaches Scaffolding Cases
Berman | Sobin | Gross LLP is the largest workers’ compensation law firm in Maryland representing injured workers, with over 20 attorneys and offices throughout the state. The firm has handled tens of thousands of hearings, hundreds of jury trials, and appeals before both of Maryland’s highest courts. One of the firm’s founders authored the leading two-volume treatise on workers’ compensation in Maryland, the reference that practitioners across the state consult when the law is in question.
That depth of experience is directly relevant in scaffolding accident cases because these cases frequently require going beyond an administrative hearing. Civil claims against a general contractor or a scaffolding company are litigated in circuit court, not before the Workers’ Compensation Commission. The firm takes on exactly these kinds of multi-front cases and does not shy away from the litigation when it is necessary to get a client a fair result. If another attorney has turned your case down or told you the workers’ comp claim is all there is, a second evaluation is worth having.
The attorneys at Berman | Sobin | Gross LLP stay with their clients through the full life of a case. When you start working with one of the firm’s attorneys, that person remains your point of contact. In a case that may span workers’ compensation proceedings, a civil lawsuit, and potential appeals, continuity in your representation is not a small thing.
Questions Maryland Workers Ask After a Scaffolding Accident
Can I bring a lawsuit against someone other than my employer if I was hurt on a scaffold?
Yes, in many cases. Maryland law prohibits you from suing your own employer in civil court because workers’ compensation is the exclusive remedy for that relationship. But it does not bar you from suing a general contractor, a scaffolding rental company, a subcontractor, or a property owner whose negligence contributed to the accident. These third-party claims can produce compensation beyond what workers’ comp provides.
What if I was not wearing required safety equipment when the accident happened?
Maryland follows contributory negligence rules in civil cases, which means that if a court finds you were at all negligent, it could bar your civil recovery. This is a significant issue in scaffolding cases and one that needs to be addressed directly in how a claim is built. An attorney evaluating your case should assess this honestly, not avoid it.
How long do I have to file a claim after a scaffolding accident in Maryland?
For workers’ compensation, you generally need to file a claim with the Maryland Workers’ Compensation Commission within two years of the accident. For a civil claim against a third party, Maryland’s general statute of limitations for personal injury is three years from the date of injury. Missing either deadline can forfeit your right to benefits or compensation, so early legal consultation matters.
What if the scaffold was set up by a subcontractor, not my direct employer?
The fact that a subcontractor assembled the scaffold does not insulate them from liability. If their work was deficient, that subcontractor may bear responsibility in a third-party civil claim even though they were not your employer. These cases often involve sorting out the relationships and contractual obligations among multiple companies on the same job site.
Can I still pursue a civil claim if I have already filed for workers’ compensation?
Yes, and in cases where a third party is responsible, pursuing both is often the right approach. There are coordination rules that apply, including Maryland’s right of subrogation, which may allow the workers’ comp insurer to recover some of what it paid from any civil judgment. An attorney handling both sides of the claim can manage these interactions so that the full benefit of each avenue is preserved.
What kinds of damages are available in a civil scaffolding accident lawsuit?
A civil claim can include compensation for full lost wages and future earning capacity, medical expenses both past and future, pain and suffering, and in cases of extreme negligence, potentially punitive damages. This is a materially different and broader range of recovery than what workers’ compensation alone provides.
What should I do immediately after a scaffolding accident on a Maryland job site?
Report the injury to your employer and get medical attention. Preserve anything that might be evidence, including photographs of the scene if it is safe to take them. Do not give recorded statements to any insurer before speaking with an attorney. The condition of the scaffold at the time of the accident is critical evidence, and it can change or disappear quickly once a job site continues operating.
Speak With a Maryland Construction Accident Attorney at Berman | Sobin | Gross LLP
Scaffolding accident cases require the kind of preparation and follow-through that only comes from a firm willing to go the distance. Berman | Sobin | Gross LLP represents injured workers across Maryland, including throughout Baltimore, Frederick, Gaithersburg, and communities across the state, and the firm’s attorneys are ready to evaluate your claim and give you a straight answer about what your options are. If you were seriously hurt in a scaffolding collapse or fall on a Maryland construction site, contact Berman | Sobin | Gross LLP today for a confidential case analysis with a Maryland construction accident attorney.
