Scaffolding failures on oil rigs don’t just happen. They’re preventable. When temporary work platforms collapse and workers get hurt, there’s almost always a chain of negligent decisions that led to that moment. Proving your employer’s negligence after a scaffolding accident requires specific evidence and a solid understanding of what safety obligations exist under New Mexico law.
Why Scaffolding Actually Collapses In Oil Fields
Oil field scaffolding isn’t like the stuff you see on construction sites. Workers use these platforms for maintenance, repairs, and equipment inspections on drilling rigs and production facilities. The work happens at serious heights with heavy machinery all around you. Most collapses trace back to a handful of common problems. Overloading is big. Too many workers or too much equipment sitting on a platform that wasn’t designed for that weight. Poor assembly is another frequent culprit. You’ve got missing braces, improperly secured planks, and skipped safety checks. Sometimes the scaffolding itself is defective or deteriorated from constant exposure to chemicals and harsh weather conditions. Your New Mexico oil field accident lawyer will investigate exactly what failed and why when building your case.
What Employers Actually Have To Do Under OSHA
Federal workplace safety rules aren’t suggestions. The Occupational Safety and Health Administration sets specific requirements for scaffolding in industrial settings. Employers who skip these steps are being negligent. OSHA Standard 1926.451 requires employers to provide safe scaffolding that can support its own weight plus at least four times the maximum intended load. That’s not negotiable. Platforms must be fully planked or decked. Guardrails are mandatory on platforms more than ten feet high. And someone competent in scaffolding safety must supervise the erection, moving, and dismantling of all scaffolds. When your employer ignores these requirements, and you get hurt, that violation becomes direct evidence of negligence. It shows they knew exactly what they were supposed to do and chose not to do it anyway.
Building Your Negligence Case
Proving employer negligence means showing four specific things. First, your employer owed you a duty to provide safe scaffolding. That duty exists automatically in the employment relationship. Second, they breached that duty by failing to meet safety standards or allowing dangerous conditions to persist. Third, their breach directly caused the scaffolding to collapse. Fourth, you suffered actual injuries and damages because of the collapse. The evidence you’ll need varies by case, but typically includes:
- Photographs of the collapsed scaffolding and the surrounding work area
- Maintenance and inspection records for the scaffolding equipment
- Training records showing what safety instruction workers actually received
- Witness statements from coworkers who saw the collapse or knew about ongoing safety concerns
- OSHA violation citations if inspectors investigated the accident
- Medical records documenting your injuries and treatment
Get photographs immediately if you can. Employers sometimes dismantle or remove collapsed scaffolding quickly, destroying evidence in the process. Your phone is good enough. Just document what you see while it’s still there.
When Third Parties Share The Blame
Your employer isn’t always the only negligent party involved. Scaffolding manufacturers can be liable if design flaws or defects contributed to the collapse. Contractors who erected the scaffolding might share responsibility if they assembled it incorrectly or didn’t follow proper procedures. Even other companies working on the same site could be negligent if their actions destabilized the platform. A New Mexico oil field accident lawyer can identify all potentially liable parties and pursue claims against each one. Third-party claims often recover significantly more compensation than workers’ compensation alone because they include damages for pain, suffering, and the full impact on your life.
Workers’ Compensation Versus Negligence Claims
You can receive workers’ compensation benefits regardless of who was at fault. Those benefits cover medical treatment and partial wage replacement. But workers’ comp won’t compensate you for pain and suffering. It won’t account for the full extent of your lost earning capacity after a catastrophic injury that changes everything about your ability to work. That’s where proving negligence actually matters. If you can demonstrate that your employer’s negligence caused the accident, you might pursue additional compensation beyond what workers’ comp provides. New Mexico law allows injured workers to file third-party lawsuits in certain circumstances. Your attorney will evaluate whether your specific case qualifies for this option.
Documentation Starts Right Now
Don’t wait to gather evidence. Report the accident to your supervisor immediately, even if you think your injuries are minor. Get medical attention and follow every treatment recommendation they give you. Keep copies of every medical bill and record. All of them. Write down what happened while the details are still fresh in your mind. Note the time, weather conditions, who was present, and exactly what you were doing when the scaffolding failed. If coworkers saw what happened, get their names and contact information before memories fade or people move on to different jobs.
Take Action
Scaffolding collapse injuries can be devastating. We’re talking about spinal cord damage, traumatic brain injuries, broken bones, and permanent disabilities. These injuries change lives forever. You shouldn’t face that recovery alone while your employer avoids accountability for failing to keep you safe at work. Davie & Valdez P.C. has real experience holding negligent employers responsible for oil field accidents. Contact our office to discuss what happened to you and what legal options exist moving forward.