Poorly designed or malfunctioning scaffolding can cause devastating injuries that lead to major medical bills and weeks or months away from work. In most workplace accidents, workers’ compensation is the only way to cover these expenses. However, Texas does not require workers’ comp participation, which may open up an employer for . A Houston scaffolding accident lawyer can review your case and help you determine whether a third-party lawsuit is an option. Working with a local work injury attorney will increase your chances of success and allow you to focus on your health instead of the legal process.
What Injuries Are Common in Scaffolding Accidents?
There are a few ways scaffolding accidents can happen on a job site. The scaffolding can break or give way, a worker can fall off the scaffolding, or a worker on the ground can be struck by something falling from the top. Falls are more likely to happen when the scaffolding does not have guard rails and other fall protection.
All of these types of accidents can cause serious injuries including traumatic brain injuries, broken bones, and spinal cord damage. These injuries can often cause long-term disabilities that affect movement and cognition. Scaffolding accidents also cause damage to the internal organs, such as bleeding or a punctured lung. Falls can also cause soft tissue injuries like sprains that are less serious but still cause pain and time away from work.
When Can an Injured Person Sue After a Workplace Accident?
In a workers’ compensation case, it does not matter who is responsible for the injury. But in Texas, employers can choose whether or not to participate in the state workers’ compensation system. If they do participate in workers’ compensation, employees will not be allowed to sue their employers, even if poor safety procedures or something else under the employer’s control caused the accident. However, if the employer does not subscribe to workers’ compensation, an injured employee can sue their employer or a third-party. With scaffolding accidents, this often happens if there was a manufacturing defect in the scaffolding itself or if an outside company installed the scaffolding.
To sue an employer or third party, the person or company needs to have been negligent. This means that they caused the injury because they had a duty to behave a certain way and failed to do this. For example, a company hired to set up scaffolding has a duty to follow proper safety procedures. If the company installs the scaffolding incorrectly and it collapses during use, the installer would probably be considered negligent.
If the scaffolding collapsed because of a manufacturing issue, the manufacturer could be liable. In this case, the manufacturer does not need to be negligent because it is considered responsible for selling safe products. The injured person would need to prove that they were using the scaffolding as intended and that they received the scaffolding in the same condition the manufacturer sent it out in.
Discuss Your Scaffolding Accident Case With a Houston Lawyer Today
A lawsuit is much more complicated than a workers’ compensation claim. If your employer is a non-subscriber to workers’ compensation or you think you might have a third-party liability claim, a Houston scaffolding accident injury lawyer can help. Filing a lawsuit can be difficult, but it could also provide more compensation, including pain and suffering damages, than you would receive through the workers’ compensation system. Contact Schechter, Shaffer & Harris so we can get started with a free case evaluation today.
