Have you been seriously injured in a scaffolding accident on the job in Houston, TX? You may be entitled to compensation through workers’ compensation or a personal injury lawsuit. An experienced Houston scaffolding accident lawyer can help you explore your legal options and fight for the compensation you deserve.
Contact Attorney Brian White & Associates, PC today to schedule a free case review with a compassionate personal injury lawyer who will help you take your next legal steps.
How a Personal Injury Lawyer Can Help with Your Scaffolding Accident Case
An accident involving scaffolding can leave you with serious injuries that may affect you for the rest of your life. In the aftermath, you may be facing a long and painful recovery, high medical bills, an inability to work, and an uncertain financial future. The last thing you should be concerned about is a lengthy and complicated legal battle for the fair compensation you deserve.
Sadly, that is where many workers find themselves.If your employer subscribes to workers’ compensation, you can turn to this system for compensation for a workplace injury.
While the system is meant to be an easy way to recover benefits, your employer or their insurance company may still fight your claim. They may claim your injury is pre-existing or you are not seriously hurt.
A personal injury lawsuit against your employer or a third party poses new challenges with the burden of proving negligence.
With a Houston personal injury lawyer on your side, you do not have to face this confusing legal landscape alone. Attorney Brian White & Associates, PC represents injured workers with a proven track record of recovering compensation for our clients. Attorney Brian White is a Board Certified Personal Injury Trial Lawyer. This distinction is shared by just 3% of lawyers in Texas and it means he has the experience and expertise to take your case to court if needed.
When you hire Attorney Brian White & Associates, PC, you can depend on our construction accident attorneys to:
- Perform a complete investigation into your accident
- Gather and analyze evidence such as video surveillance, witness statements, safety reports, and medical records
- Consult with top experts to build a strong case
- Identify possible avenues of recovery
- Handle all communications on your behalf
- Negotiate with the insurance company to seek a fair settlement
If we cannot reach a fair offer with the insurance company, we are not afraid to take your case to court and present our evidence before a jury. Contact Attorney Brian White & Associates, PC today to schedule your free consultation with a Houston scaffold accident lawyer who will fight for you.
Texas Scaffolding Accident Statistics
The BLS reports that there are more than 4,500 injuries every year due to scaffolding accidents. These accidents are responsible for 60 worker fatalities every year, about 30% of all work-related fatalities involving falls.
According to a 2009 study by the BLS, 72% of workers hurt in scaffolding accidents were hurt when the support or planking gave way, the worker slipped, or they were hit by a falling object.
Types of Houston Scaffolding Accidents
A scaffolding accident can occur in many ways. The following are the most common types of scaffolding accidents on construction sites.
An elevated platform poses a high risk of a fall. Falls are most likely to occur when there is an insufficient fall protection system, no guardrails, or the scaffolding is not well maintained. According to the BLS, falls from scaffolding account for 30% of work-related fall deaths.
Falls can happen when the planks of the scaffolding give way, when the worker slips or trips on a tool or slippery surface, or when hit by an object.
Sadly, scaffolding collapse is frighteningly common. The scaffolding structure may collapse when it is not properly supported or installed or when the weight limit is exceeded. This can happen when the scaffolding is not constructed according to OSHA standards, workers are not adequately trained, or the work site does not have a proper safety plan.
Objects Falling from Scaffolding
One of the leading causes of scaffolding injuries is falling objects. When an object like a power tool or building material is dropped from scaffolds, it may injure workers below. Items may also fall on the scaffold itself and cause the workers to fall.
Workers are at risk of electrocution when working on a scaffold near overhead wires. A worker who suffers electrical shock while working on a scaffold is at risk of falling and suffering fall-related injuries as well.
Scaffolding accidents may involve:
- Mobile scaffolds
- Suspension scaffolds
- Baker scaffolds
- Pipe scaffolds
- Scissor lifts
No matter how the scaffolding accident occurs, it has the potential to cause very serious injuries.
What Causes Scaffolding Accidents in Houston?
Many situations can cause a scaffolding accident. The following are some of the most common factors in Houston workplace accidents involving scaffolding:
- Excessive loading that exceeds the weight limit
- Improper assembly or use of substandard materials
- Insufficient maintenance
- Contact with power lines
- Dropped objects
- No guardrails
These accidents may be caused by employer negligence, human error on the part of other workers, or even manufacturer defects in a product liability case.
Common Scaffolding Injuries
Whether a scaffolding accident involves collapse, a fall, dropped tools, or another type of incident, serious injury can be the result. Working at a great height always comes with risk, but employers should comply with regulations and safety standards to reduce this risk.
This includes proper fall-arrest systems, barricades, properly maintained scaffolds, and guardrails. Common injuries our Houston scaffolding injury lawyers see include:
- Eye injuries
- Back injuries
- Traumatic brain injuries
- Spinal cord injuries
If you have suffered serious scaffolding-related injuries, a scaffolding injury lawyer in Houston can help you explore your legal options.
Compensation for a Scaffolding Accident in Houston
After a workplace accident involving scaffolding, you have two primary avenues for recovering compensation: workers’ compensation settlement or a personal injury lawsuit. Which option is available depends on whether your employer has workers’ compensation insurance and whether you can prove negligence.
Workers’ compensation insurance is not required in Texas. This no-fault system is designed to give injured workers an easier avenue for recovering compensation in exchange for waiving their right to sue their employer. If your employer does not have workers’ compensation coverage, you may be entitled to file a personal injury claim against your employer. This offers a broader range of damages but it requires proving your employer was negligent.
Workers’ Compensation in Houston
Workers’ compensation allows you to potentially recover many forms of benefits:
- Medical expenses
- Temporary income
- Impairment income
- Supplemental income
- Lifetime income
- Burial and death benefits
If your employer has workers’ compensation, you must use the workers’ compensation system because you cannot sue your employer in most cases.
Personal Injury Lawsuit for a Scaffolding Accident
A personal injury lawsuit generally offers a broader range of compensation than workers’ compensation. Through a personal injury lawsuit, you may be entitled to:
- Medical expenses including anticipated future medical expenses related to your injuries
- Lost wages and income
- Reduced or lost future earning capacity
- Pain and suffering
- Emotional distress
- Mental anguish
If your employer is a non-subscriber and does not have workers’ comp, or a third party is liable for your injuries, you may be able to recover compensation through a personal injury lawsuit. This can be beneficial by providing a broader range of damages including non-economic damages like pain and suffering.
To sue your employer for your injuries, you must prove that the non-subscriber was negligent and did not provide a safe work environment and this was the cause of your accident. Under Texas law, a non-subscriber employer generally can’t use contributory negligence or assumption of risk as a defense. This means you may be entitled to 100% of your damages even if your employer is only 10% at fault.
Statute of Limitations for Filing a Scaffolding Injury Claim
After an accident, you are subject to a statute of limitations in Texas which creates a legal deadline to file your claim. If you qualify for workers’ compensation, your injury must be reported to your employer immediately. An injury report must be completed within 30 days. Personal injury lawsuits have a two-year statute of limitations.
It’s crucial to protect your claim and begin pursuing your claim as soon as possible. Delays can make it easy for valuable evidence to be lost which can weaken your case. Contact a Houston scaffolding injury lawyer as soon as possible to protect your legal rights.
Contact a Houston Scaffolding Accident Lawyer
Have you been hurt in a work-related scaffolding accident? The last concern you should have is how you will pay your bills and medical expenses while you recover. Attorney Brian White & Associates, PC fights for injured Houston workers in seeking maximum compensation for work-related injuries.
Contact a Houston scaffolding accident lawyer at our law office to schedule a free case review. We will help you explore your legal options and fight for you. Because we work on a contingency fee basis, you never pay attorney’s fees unless we recover for you.