Site workers in Arlington rely on scaffolding every day to do their jobs safely and efficiently. When scaffolding fails, these same workers are put in serious danger. In these situations, someone is typically at fault for creating or allowing the workplace danger.
By identifying who was at fault and the reasons why, you can determine whether you might be able to file a personal injury lawsuit. To succeed in a lawsuit for your scaffolding injuries, you will have to show that the defendant owed a duty that they failed to meet, creating the conditions for an accident that caused you injury. A lawsuit can often allow higher compensation than in a workers’ compensation claim when allowed, but you only have two years to file it.
For this reason, we strongly urge you to reach out to the Arlington scaffolding injury attorneys at The Queenan Law Firm, P.C. as soon as possible. We will use every resource at our disposal to give you the best chance at the recovery that you deserve, starting with a complementary initial consultation. To schedule your appointment today for free, call us at (817) 476-1797.
Proving Fault for a Scaffolding Accident in Arlington, TX
If you plan to file a lawsuit to recover damages from a scaffolding injury, you should know what you will need to succeed. Every personal injury plaintiff in Texas must establish four key elements of negligence to win at trial: duty of care, breach of duty, cause, and injury.
Duty of Care
A duty of care is a legal responsibility created by a relationship. This relationship could be created out of necessity or a business arrangement. For instance, construction site managers owe a duty of care to provide a safe worksite to their employees, independent contractors, and anyone else they allow onto the premises.
Breach of Duty
To prove that the defendant was negligent, you must show that the defendant failed to meet the standard of care required by their duty. The standard of care is established using industry standards for training, safety protocols, and maintenance procedures surrounding scaffolding setup and upkeep. Falling short in any of these areas could create a dangerous situation on a worksite where scaffolding is used.
Now that you have shown that the defendant failed to meet their legal responsibilities, you must also connect that failure with the accident that followed. Sometimes, defendants may assert a defense of contributory negligence. In other words, they may try to say that the plaintiff shared some responsibility for negligently causing the accident, perhaps by misusing the scaffolding. In Texas, this defense could reduce your potential compensation proportionally to the level of blame that you share.
Finally, you must show that the accident caused direct harms for which you should be compensated by the defendant. You will likely need medical records to establish the validity of your injuries, so make sure that you go to a hospital and seek treatment as soon as you can after your scaffolding accident.
Common Examples of Scaffolding Accidents in Arlington, TX
Scaffolding serves a valuable purpose on worksites in Arlington. However, if there are shortcomings in manufacturing, installation, training, or maintenance, the use of scaffolding poses a serious risk to workers who rely on it.
The materials used for scaffolding must be sufficient to survive wear, weight, and weather conditions. The Occupational Safety and Health Administration (OSHA) sets clear guidelines on what materials may be used for scaffolding and the testing that must take place before new products are approved. Talk to your Arlington scaffolding injury lawyer about whether the manufacturing company may be liable for your injuries after cutting corners during production.
Even if a product is built right, it will only work correctly if erected and installed as designed. Installers must take into account changing ground conditions and the impact of weather on the scaffolding. Some site managers will contract with outside entities to build their scaffolding. Therefore, determining who is liable for your injuries may be difficult without the assistance of an experienced Arlington scaffolding injury attorney.
Lack of Training
To meet their legal obligations, worksite managers must provide instruction on safe conduct around scaffolding to all workers. This is very important, as falling objects are the second highest cause of death on construction sites across the country. Even if another worker caused the accident, the employer or site manager may still be at fault for failing to provide proper training.
Failure to Inspect and Maintain Scaffolding
Scaffolding should be checked and cleared regularly before use. Without a sufficient protocol for inspecting the site, dangerous conditions could arise without workers ever being aware. The site manager is responsible for putting these protocols in place and will face liability if they fail to do so.
Filing a Lawsuit for a Scaffolding Injury in Arlington
If you believe you may have a valid case after reading all of the above information, you should reach out to a lawyer as soon as possible. Scaffolding injury lawsuits represent your best opportunity to obtain compensation for your injuries. While you may have workers’ compensation coverage available to you, the damages from a lawsuit may cover substantially more. This is because workers’ compensation fails to cover the pain and suffering you are likely to experience as a result of your injuries. If you accept workers’ compensation for your injuries, you will be limited in your recovery from a lawsuit, so speak to a lawyer before signing anything.
You should reach out to a lawyer sooner rather than later, as there is a time limit on your case. The State of Texas only gives you two years from the date of your accident, with very limited exceptions. To avoid missing the deadline on your case, call our resourceful Arlington scaffolding injury attorneys today.
Talk to Our Arlington Scaffolding Injury Attorneys Today for Free
If you were injured in a scaffolding accident caused by someone else’s negligence, our Arlington scaffolding injury lawyers may be able to help. Set up your free appointment with The Queenan Law Firm by calling (817) 476-1797.