If you’ve been hurt in a scaffolding fall accident in Dallas-Fort Worth, call 1-800-ATTORNEY for a free consultation!
Your legal options after a work injury in Texas are very specific. Depending on the existence of workers’ comp, you may or may not be able to file a lawsuit…
Scaffolding provides a means of reaching heights that can’t be reached by ladders. These types of construction fixtures are essential and can sometimes be the only way to move from one part of a construction site to another. Through the federal government’s OSHA branch, construction workers and their supervisors are kept safe thanks to the regulations implemented by this safety body. That being said, a lot of scaffolding accidents (more than 70 percent) may happen as a result of the failure to follow or enforce OSHA rules.
When an employer fails to keep their workers safe and this results in an injury or wrongful death accident, the victim may be allowed to seek compensation for such damages through a personal injury claim or lawsuit.
Scaffolding injuries and workers’ compensation.
Scaffolding injuries are usually covered by workers’ compensation. However, employers in Texas are NOT required to purchase workers’ compensation insurance. If the employer does not subscribe to Texas workers’ comp, the victim is allowed to file a normal personal injury claim. If the employer DOES have workers’ comp, you may be limited to workers’ compensation benefits only.
The amount that workers’ comp insurance will dole out as a result of an injury arising from a scaffolding injury is usually not enough to compensate a person who was injured as well as their family. This can set you back financially and leave you with unpaid bills. For this reason, you need an experienced scaffolding injury lawyer to help you determine your true legal options. We can help you get the maximum amount of compensation so you can take care of your financial obligations, helping you get back to normal life as soon as possible.
Even if your employer is protected by workers’ compensation, you may have a valid claim against the manufacturer of the scaffolding equipment.
Here are a couple of scenarios that may lead to scaffolding injuries:
- Improperly installed scaffolding may give way, leading to falls from high distances.
- Poor quality scaffolding material may lead to slips and falls.
- Defective scaffolding material and design (may involve a 3rd-party product liability claim against the manufacturer).
- Lack of safeguards such as railing that workers can hold on to while working.
- Falling objects from scaffolding hitting a person down below.
- Failure to remove or repair damaged scaffolding, leading to accidents.
- Failing to brief workers on scaffolding safety.
- Failing to follow standards put forward by OSHA regarding scaffolding safety.
- Slippery, wet or oily scaffolding causing slips and falls.
Statistics by OSHA state that more than 70 percent of all scaffolding lacked guard rails which were deemed mandatory by the safety body. In addition, many companies do not provide workers with safety harnesses which could prove instrumental in saving the lives of workers who may find themselves falling as a result of a scaffolding malfunction.
Scaffolding injuries can be catastrophic, necessitating immediate medical attention. Here are a few types of injuries common to scaffolding accidents:
- Brain trauma
- Spinal injuries & paralysis
- Broken bones
- Internal trauma
- Permanent disability
- Neck injuries
- Nerve damage
- Wrongful death
These injuries can be debilitating and may interfere with a worker’s ability to earn a decent living. Because of this, you may be allowed to seek compensation with the help of a construction work injury attorney.
Many parties could be held liable.
The general contractor is usually charged with the responsibility of making sure that the work environment is kept safe at all times. However, when a scaffolding injury occurs, many other individuals on top of the GC can be held accountable for the injury. This can include the manufacturers, subcontractors and vendors. This is because you may be able to apportion fault on one or more of these parties, citing negligence on their part. An attorney can help you determine the best course of action, and we will do this for no cost. In fact, if we decide to take on your case, we charge you nothing unless we actually win you money!
As with all personal injury cases, you may be able to sue for various damages such as:
- Medical bills
- Pain and suffering
- Lost wages
- Loss of future earnings potential
- Physical scarring
- Emotional distress
- Physical therapy
Injured? Call 1-800-ATTORNEY!
It’s important to seek out the services of an experienced Dallas, Texas scaffolding attorney. We’ll help you determine exactly how much you may be able to collect with regard to damages. Our attorneys will also work tirelessly to negotiate a fair out-of-court settlement if at all possible. Please contact Rasansky Law Firm today at 1-800-ATTORNEY for your free consultation today and we’ll see how best we can help you.
Speak With a Dallas Personal Injury Attorney For Free
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100, or toll-free at 1-877-405-4313.