Dallas-Fort Worth Scaffolding Accident Lawyer

Scaffolding is designed to make construction and job sites safer. It provides a stable platform for workers to perform tasks at elevated heights. However, despite its intended safety benefits, scaffolding can also present significant risks.

Unfortunately, each year, improper use, inadequate maintenance, and failure to adhere to safety protocol turn these structures into hazards, leading to thousands of injuries and, in some cases, fatalities.  In fact, scaffold hazards have ranked in the top five most common OSHA violations since 2016, according to the Texas Department of  Insurance.

If you have been injured or a loved one killed in a scaffolding accident in North Texas, it’s imperative to seek help from an experienced Dallas-Fort Worth scaffolding accident lawyer as quickly as possible. You may be entitled to substantial compensation for medical expenses, lost wages, pain and suffering, and more.

In the article, a Dallas-Fort Worth scaffolding accident lawyer at Varghese Summersett explains common causes of scaffolding accidents, the process for recovering compensation and how our law firm can help.

Key takeaway:

Common Causes of Scaffold Accidents

Scaffolding accidents are a significant concern in the construction industry and can lead to severe injuries or even fatalities. Understanding the common causes of these accidents is crucial for preventing and ensuring workers’ safety. Here are some of the primary factors contributing to scaffolding accidents:

1. Improper Assembly and Dismantling

One of the leading causes of scaffolding accidents is the incorrect assembly or dismantling of the scaffold structure. This often occurs due to a lack of proper training or neglecting the manufacturer’s instructions, leading to unstable and unsafe scaffolding.

2. Lack of Proper Training

Workers who are not adequately trained in scaffold use, including how to climb, work from, and navigate the structure safely, are at a higher risk of accidents. Comprehensive training programs are essential to equip workers with the necessary knowledge and skills.

3. Inadequate Maintenance and Inspections

Regular maintenance and inspections are crucial to ensure the integrity and safety of scaffolding. Neglecting these practices can result in weakened components, rust, and wear and tear that compromise the scaffold’s stability.

4. Overloading

Scaffolds have specific weight limits designed to ensure their structural integrity. Overloading a scaffold with too many workers or materials can lead to collapses, posing serious risks to anyone on or around the structure.

5. Environmental Factors

Adverse weather conditions, such as high winds, rain, or ice, can significantly impact scaffold safety. Such conditions can make scaffolds slippery and unstable, increasing the risk of falls and structural failures.

6. Lack of Safety Equipment

Failing to use personal protective equipment (PPE), such as harnesses, helmets, and non-slip footwear, can increase the severity of injuries in the event of a fall or accident.

7. Falling Objects

Objects falling from scaffolds can pose a serious risk to workers below. Proper safety measures, such as toe boards and netting, are essential to prevent tools and materials from falling off the platform.

8. Electrical Hazards

Scaffolds erected near power lines or exposed electrical equipment pose a risk of electrocution. Maintaining a safe distance and using non-conductive materials can mitigate these risks.

Your Legal Rights and Options

If you or a loved one has been injured in a scaffolding accident, it’s essential to understand your legal rights. Construction sites must adhere to strict safety standards and regulations to protect workers. When accidents occur due to negligence, inadequate safety measures, or failure to comply with regulations, you may be entitled to compensation for your injuries, medical expenses, lost wages, and pain and suffering. Our experienced personal injury lawyers are here to help you navigate the legal process and fight for the justice and compensation you deserve.

Types of Scaffolding Accidents

Scaffolding accidents can vary widely in nature, each with its own set of causes and potential injuries. Below are some of the most common types of scaffolding accidents:

Falls from Height

One of the most common and dangerous types of scaffolding accidents involves workers falling from elevated platforms. These falls can occur due to a lack of proper fall protection systems, such as guardrails and safety nets, or failure to use personal fall arrest systems.

Scaffold Collapses

Scaffolding collapses are catastrophic events that can result from improper assembly, overloading, or using damaged or inadequate materials. Collapses endanger workers on the scaffold and those below and around the structure.

Struck by Falling Objects

Tools, construction materials, or debris falling from scaffolding can injure workers and passersby. The lack of toe boards, debris nets, or tool lanyards contributes to this accident.

Electrocution

Scaffolds erected too close to power lines or electrical sources pose a significant risk of electrocution to workers, especially when metal scaffolding components come into contact with live electrical wires.

Slips, Trips, and Falls on Scaffold

Slip and trip hazards are prevalent on scaffolding due to the presence of tools, materials, and even weather conditions that create slippery surfaces. These incidents can lead to falls on the same level but still result in serious injuries.

Overexertion and Repetitive Stress Injuries

While not as immediate or dramatic as falls or collapses, overexertion and repetitive movements on scaffolding can lead to musculoskeletal disorders, strains, and other long-term health issues.

Entrapment or Crushing Injuries

Workers can become trapped or crushed between scaffolding components and other structures, especially in tight or congested work areas. These incidents can occur during the erection, dismantling, or alteration of scaffolds.

Equipment Malfunction

Accidents can also occur due to the malfunction of scaffold components or lifting equipment, such as hoists, used in conjunction with scaffolding.

If you have been injured in a scaffolding accident, it’s important to consult with a Dallas-Fort Worth scaffolding lawyer who understands the complexities of these cases and the specific safety regulations and standards that apply in Texas. An experienced attorney can help navigate the intricate legal landscape surrounding construction accidents, including identifying all potential sources of liability, evaluating all injuries, and assessing just and right compensation. Having a dedicated legal team by your side can make a significant difference in the outcome of your case and your recovery process.

Determining Liability for Scaffolding Accidents

In Texas, determining liability for a scaffolding accident involves a thorough investigation into the circumstances of the incident. Multiple parties may be held responsible, depending on the factors that contributed to the accident. Understanding who is liable is crucial for victims seeking compensation for their injuries and losses. Here are the potential parties that could be held liable:

Employers and General Contractors

Employers and general contractors have a responsibility to ensure a safe working environment, which includes adhering to Occupational Safety and Health Administration (OSHA) regulations and providing proper training to employees. If an accident occurs due to a failure to fulfill these responsibilities, they can be held liable.

Scaffolding Companies

If the scaffolding was rented or leased, the company providing it could be liable, especially if the accident was caused by defects in the scaffolding, improper installation, or failure to provide adequate safety instructions.

Manufacturers of Scaffolding Equipment

Manufacturers are responsible for ensuring that their products are safe for use. If a scaffolding accident is caused by defective or faulty equipment, the manufacturer might be held liable under product liability laws.

Property Owners

Property owners may also bear some responsibility, especially if the accident was related to conditions on the property that they should have been aware of and addressed, such as unsafe working conditions or violations of safety regulations.

Subcontractors

Subcontractors working on the same project might also share liability, particularly if their actions or negligence contributed to the unsafe conditions that led to the scaffolding accident.

Legal Considerations in Texas

In Texas, the legal doctrine of comparative negligence may apply, meaning that a victim’s compensation can be reduced by their percentage of fault in the accident. Additionally, Texas workers’ compensation laws might limit the ability of employees to sue their employers directly, often directing them to seek compensation through the workers’ compensation system. However, this does not preclude lawsuits against third parties who might be liable.

Given the complexity of scaffolding accidents and the laws governing workplace injuries in Texas, victims need to seek legal help from an experienced Dallas-Fort Worth scaffolding accident lawyer. An adept lawyer can navigate the intricacies of Texas law, conduct a comprehensive investigation, and help ensure that all liable parties are held accountable, maximizing your compensation and facilitating their recovery process.

Types of Compensation in Scaffolding Accident Cases

Victims of scaffolding accidents may face significant physical, emotional, and financial challenges. Understanding the types of compensation available can help victims and their families navigate the aftermath of such incidents. Compensation in scaffolding accident cases generally falls into three main categories: economic damages, non-economic damages, and, in some cases, punitive damages.

Economic Damages

Economic damages are tangible losses that can be quantified in monetary terms. These include:
Medical Expenses: Covers all medical-related costs, including hospital stays, surgeries, medications, physical therapy, and any future medical care related to the injuries sustained in the accident.
Lost Wages: Compensation for the income lost during the recovery period. This also encompasses loss of earning capacity if the victim can no longer work in the same capacity as before the accident.
Rehabilitation Costs: Expenses for physical and occupational therapy required to regain lost skills or adjust to new limitations.
Property Damage: If personal property was damaged in the accident, compensation might include the cost of repair or replacement.

Non-Economic Damages

Non-economic damages compensate for losses that are not financially quantifiable and pertain to the impact on the victim’s quality of life:
Pain and Suffering: Compensation for the physical pain and emotional distress experienced as a result of the accident.
Emotional Distress: Includes anxiety, depression, and other psychological effects stemming from the incident.
Loss of Consortium: Compensation awarded to the spouse or family members for the loss of companionship, affection, and support due to the victim’s injuries.
Loss of Enjoyment of Life: Compensation for the inability to enjoy hobbies and activities that were part of the victim’s life before the accident.

Punitive Damages

Punitive damages are not awarded in every case and are distinct from compensatory damages (economic and non-economic damages). They are intended to punish the defendant for particularly reckless or egregious behavior and to deter similar conduct in the future. In scaffolding accident cases, punitive damages might be considered if it is proven that the defendant’s actions were grossly negligent or demonstrated a willful disregard for safety.

It’s important to note that the amount of compensation can vary significantly depending on the specifics of the case, including the jurisdiction, the severity of the injuries, and the circumstances leading to the accident. Consulting with a knowledgeable personal injury lawyer who specializes in scaffolding accidents is crucial to understanding your legal rights and the potential compensation you may be entitled to receive.

What to Do If Injured in a Dallas-Fort Worth Scaffolding Accident

When it comes to scaffold accidents, understanding your legal rights and seeking compensation is crucial. Here are some things you should do if you’ve been injured:

1. Report the accident: As soon as the accident occurs, it is important to call 911 and also report it to your supervisor or employer. This will help create an official record of the incident, which may be necessary for legal purposes.
2. Seek medical attention: Even if your injuries seem relatively minor, it is important to seek medical attention immediately. Some injuries may not be immediately apparent, and documenting your injuries can strengthen your case for compensation.
3. Consult with a personal injury lawyer: If you believe that negligence or misconduct contributed to your scaffold accident, it is important to contact an experienced Dallas-Fort Worth scaffolding accident lawyer. They can assess the details of your case and guide you through the legal process.
4. Gather evidence: To support your claim, gather as much evidence as possible. This may include photographs of the accident scene and your injuries, eyewitness testimonies, and any documentation related to the incident.
5. Document your expenses: Keep a record of all expenses related to the accident, such as medical bills, rehabilitation costs, and lost wages. This documentation will help determine the compensation amount you may be entitled to.
6. File a claim within the specified timeframe: Each state has a statute of limitations that sets a deadline for filing a personal injury claim. You must file within this timeframe to preserve your legal rights. In Texas, there is a two-year statute of limitations, which means a lawsuit must be filed within two years of the date of injury.

Remember, every scaffold accident is unique, and the compensation you may be entitled to will depend on various factors, such as the severity of your injuries and the circumstances surrounding the accident. It is crucial to consult with a legal professional who can provide guidance specific to your case.

How Can a Dallas-Fort Worth Scaffolding Accident Lawyer Help?

If you’ve been involved in a scaffolding accident in the Dallas-Fort Worth area, securing the services of an experienced scaffolding lawyer is imperative in navigating the complexities of your case and ensuring that your rights are fully protected. Here’s how a seasoned attorney in this specialized field can assist:

Thorough Investigation and Case Preparation

An experienced lawyer will conduct a comprehensive investigation into the scaffolding accident to gather crucial evidence, including witness statements, construction site records, and expert testimonies. This thorough preparation forms the foundation of a strong case, enabling your attorney to argue on your behalf effectively.

Understanding of Specific Regulations

Scaffolding accidents involve intricate legal and regulatory frameworks. A skilled Dallas-Fort Worth scaffolding lawyer will understand Texas state laws and federal safety regulations that govern construction sites and worker safety. This expertise is essential for identifying violations and establishing liability.

Expertise in Liability Identification

Determining liability in scaffolding accidents can be complex, often involving multiple parties such as employers, contractors, scaffolding companies, and equipment manufacturers. An adept lawyer will identify all potential sources of liability to ensure that every responsible party is held accountable.

Maximizing Compensation

An experienced lawyer will accurately assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, to ensure you receive the maximum compensation possible. They will negotiate aggressively with insurance companies and defendants to secure a settlement that reflects the true cost of your injuries and losses.

Litigation and Trial Readiness

While many scaffolding accident cases are settled out of court, some may require a trial to achieve fair compensation. An experienced Dallas-Fort Worth lawyer will be prepared to take your case to trial if necessary, presenting a compelling case to the jury and fighting on your behalf.

Guidance and Support

Navigating the aftermath of a scaffolding accident can be overwhelming. A dedicated scaffolding lawyer will offer legal representation, guidance, and support throughout the process, helping you make informed decisions and providing reassurance during a challenging time.

Contingency Fee Basis

At Varghese Summersett, we work on a contingency fee basis, meaning you won’t have to pay any upfront legal fees. We only get paid after we win a settlement for you.

Choosing an experienced Dallas-Fort Worth scaffolding lawyer can make a significant difference in the outcome of your case. Their expertise, resources, and commitment to advocating can provide peace of mind and significantly enhance your chances of securing the justice and compensation you deserve.

Speak to a Dallas-Fort Worth Scaffolding Accident Lawyer Today.

At Varghese Summersett Injury Law Group, we understand the physical, emotional and financial hardship that comes with a catastrophic scaffolding injury. Everyone should have exceptional legal help, regardless of their socioeconomic status. We offer a free consultation for potential clients and also work on contingency, which means you don’t have to pay anything until we recover compensation on your behalf. Speak with a Dallas-Fort Worth scaffolding lawyer at our firm today and find out how we can help you. Call 817-207-4878 (HURT).