Houston Scaffolding Accident Attorney

Have you been seriously injured in a workplace scaffolding accident? Whatever the cause of your accident, an experienced Houston scaffolding accident attorney can help you explore your legal options, from workers’ compensation benefits to a lawsuit.

Contact Havens & Associates at (713) 955-2215 for a free initial consultation. We are a team of tenacious, compassionate personal injury lawyers focused on protecting our clients and fighting for their just due.

We focus on your interests – not the company, not a subcontractor, only you, the injured party.

How much does it cost to hire a scaffolding accident attorney in Houston?

Don’t let the cost of an attorney keep you from asserting your rights. Like many others, Havens & Associates works on a contingency basis. This means we only get paid if we win your claim.

We will gladly discuss our fee structure during your initial free consultation.

What are some common types of scaffolds on construction sites?

Scaffolding is a temporary structure placed around the outside of a building, allowing workers access for cleaning, repairs, or construction. It’s usually crafted from metal support poles and a wooden base for standing and storing supplies. Some scaffolding is manipulated and reinforced by ropes or pulleys, while others have ladder access for workers.

The U.S. Occupational Safety and Health Administration (OSHA) sets specific standards for scaffolding in consultation, including assembly, size, support, and recommended weight limits.

A job site, whether it’s for the construction of a new building, renovation, or cleaning and maintenance, may use several different types of scaffolding, including:

Scaffolding, no matter which style, has the potential for catastrophic, sometimes deadly, injury. The most recent year for OSHA data reports over 50 fatal falls from scaffolding.

Why do scaffold accidents happen?

A scaffold accident can have many causes, although OSHA notes that the most common reason for falls is faulty planking – either planks that break or those that are insufficient for adequately balancing the load.

Falling from heights is among the most common ways workers get hurt on scaffolding. Lack of guardrails, poorly maintained scaffolding, or an overall insufficient fall protection system all increase the likelihood of a deadly fall. Even if the fall from heights isn’t fatal, the injuries the worker sustains could leave them permanently disabled. Other common causes of a scaffold accident include:

Collapse – If a scaffolding structure isn’t adequately erected or supported, or its weight limit is exceeded, the scaffolding can collapse, sending workers falling.
Falling objects – A falling object can seriously injure someone below if workers fail to secure tools, paint, or other supplies. Even with a hard hat, you may still have a severe head or torso injury from something falling from a scaffold.
Electrocution – Workers may get a painful or deadly shock if scaffolding is placed too close to a power line or live wire. Sometimes, the shock may even cause a fall from the scaffolding.

Any scaffolding injury is potentially disabling, leaving the victim with months of painful recovery.

What kinds of damages may I be able to recover?

Working at a great height on a flimsy scaffold always carries a significant element of risk. If an employer or construction site owner fails to implement the proper safety measures, people may get seriously injured. Treating scaffolding injuries, including hospital stays, surgery, or rehabilitative therapy, can cost tens of thousands of dollars.

Damages in a scaffolding injury case refer to the tangible and intangible losses you suffer from a scaffolding accident. If your employer does not have Texas workers’ compensation insurance coverage, or if you don’t qualify for workers’ comp (if you were not an employee or a subcontractor on the site), your recourse for compensation is usually filing a lawsuit for compensatory damages.

If you file a lawsuit, your damages may include:

Medically necessary expenses, including potential future medical expenses related to your injuries
Lost wages and income (including any sick leave or PTO you used)
Reduced or lost future earning capacity
Pain and suffering
Emotional distress and mental anguish
Damaged relationships and loss of consortium
Scarring and disfigurement

If your employer has workers’ compensation coverage, and you qualify, your benefits typically include:

Medical expenses
Temporary wage replacement
Impairment income
Supplemental disability income
Lifetime income for permanent disability
Burial and death benefits (for surviving family members)

You cannot sue the employer for damages if you get worker’s comp benefits. However, you may qualify for a third-party lawsuit if the scaffolding accident was caused by someone other than your employer, like a subcontractor, vendor, or other entity. Your attorney can advise you on available legal avenues.

How can a Houston scaffolding accident attorney help me?

When you hire our construction accident lawyers, you can depend on us to:

Perform a thorough investigation into the incident
Analyze evidence like witness statements, video surveillance, and workplace safety records
Evaluate your medical records and bolster your claim with the help of a medical expert
Consult with relevant experts, like an expert accountant to stipulate your loss of earning potential
Subpoena records from your employer, the scaffold manufacturer, or other associated party
Identify possible avenues of damages recovery
Communicate with the other party (and their lawyers and insurance company) on your behalf
Negotiate a fair settlement with the insurance company

Although most cases are settled out of court, we prepare each case, anticipating it will go to trial. If we cannot achieve a fair settlement with the other party, your attorney will take your case to Texas Civil Court, arguing for your rights before a judge and jury.

Are undocumented workers eligible for compensation, too?

Your immigration status does not prevent you from filing a lawsuit for damages or seeking workers’ compensation benefits. However, many undocumented workers may not realize the full extent of their rights.

Filing a lawsuit does not require you to disclose your status, nor does filing a workers’ comp claim. However, for workers’ comp, you must establish that an employee-employer relationship exists, which could get tricky for undocumented workers. A lawyer can protect you while helping you get the benefits you’re entitled to.

Who may be liable for my scaffolding accident?

Liability in a scaffolding accident may be complex. For example, an employee may be responsible for the scaffolding accident, but their employer may be the legally liable party.

Liable parties that your construction accident lawyer may name as defendants include:

Suppose your employer does not carry workers’ compensation. In that case, you must prove that they were negligent and did not provide safe working conditions, which led to your accident, or created conditions where an accident was likely and foreseeable.

Texas comparative negligence laws do not apply in nonsubscriber cases, so even if your employer is only 10% at fault for the incident, you may recover 100% of the damages you sought.

However, comparative negligence statutes will apply if you are not an employee filing a lawsuit against an employer. This means the other party is very active in blaming you. If you are more than 50% to blame for the accident, then you won’t be able to recover any damages.

OSHA and Texas’ regulations for construction scaffolding

The Texas Department of Insurance issues a Scaffold Safety Checklist. It was developed under OSHA General Requirements for Scaffolds.

Highlights include:

Each platform must be planked and decked as fully as possible
Must be able to support its weight and at least four times the intended load
Prohibition of work on platforms cluttered with debris
Each scaffold platform and walkway must be at least 18 inches wide
Employers must protect each employee on a scaffold more than 10 feet above a lower level from falling to that lower level
Poles, legs, posts, frames, and uprights must be braced to prevent swaying
All employees must be trained by a qualified person to recognize the hazards associated with the type of scaffold being used

What are some common injuries related to scaffolding incidents?

Our scaffolding injury attorneys often see the following injuries:

Back injuries
Traumatic brain injuries
Eye injuries
Lacerations
Spinal cord injuries
Electrocution
Fractures
Involuntary amputation
Burns

Some injuries from a scaffolding accident are, tragically, fatal. If you have lost a loved one in a Houston scaffolding accident, contact one of our attorneys to discuss your options for a wrongful death suit.

Why should I work with Havens & Associates?

The aftermath of a scaffolding accident can leave you with injuries that could affect the rest of your life. Choosing the right Houston scaffolding accident attorney makes a difference in paying for all the rehabilitative care you require and meeting your family’s financial needs.

Employers and their insurance companies may deny a valid claim or minimize the extent of your injuries. They may blame you for the accident, citing reckless actions or failure to follow safety protocols.

We protect you against this and fight to uphold your rights for compensation. Havens & Associates has a proven track record of success representing injured workers like you.

Hurt in a scaffolding incident? Let us help.

Have you been injured in a work-related scaffold accident? You’re probably worried about how you’re going to pay your bills or afford the extensive medical care you need for recovery. Let us take these burdens off your shoulders. The legal team at Havens & Associates fights for injured Houston workers like you, helping you get maximum compensation for your injuries and other losses.

Contact our firm today by calling (713) 955-2215. We can discuss which legal options are open to you in a free initial consultation.