Any site with scaffolding can be dangerous, plain and simple. Workers who use scaffolding entrust their safety to employers, manufacturers, and third-party entities every day. If a worker was injured in a scaffolding accident, they may be able to seek compensation from those parties if it is found that they were negligent.
Scaffolding negligence could exist where the scaffolding was poorly constructed or overseen, but operators must also institute safety guidelines to keep workers and bystanders safe during scaffolding use. Failing to meet those responsibilities creates liability, which is grounds for a personal injury lawsuit. Personal injury lawsuits are more lucrative than workers’ compensation payouts, but only if you file them on time.
Do not miss out on your chance for recovery. The Dallas scaffolding injury attorneys at The Queenan Law Firm, P.C. can sit down with you and discuss your options during your first appointment, free of charge. To schedule your first consultation, give us a call at our offices today. We can be reached at (817) 476-1797.
Common Causes of Scaffolding Injuries in Dallas
Scaffolding can be a helpful tool on construction sites, but only if it is properly manufactured, installed, and maintained. Steps are also required to train employees on safe behavior while using scaffolding. The following examples represent some of the most frequent issues that can lead to accidents involving scaffolding.
Poor Construction or Materials
Scaffolding safety begins at the manufacturing stage. Production companies have a responsibility to customers and their employees who might foreseeably sustain injury as a result of a defect. Scaffolding materials must be able to provide give where necessary but must also be structurally sound so as not to collapse. If the manufacturing company takes shortcuts by using cheaper materials or fails to do product testing to reveal flaws, they could be liable for injuries.
The scaffolding must meet the requirements of the area where it is installed. Employers or third-party installation companies must take into account the proper installation techniques as well as changing conditions (such as unstable ground or weather conditions) that may affect the safety of the scaffolding for workers and pedestrians nearby.
This example is particularly important, as it represents the second leading cause of death on construction sites across the country. Work site operators must implement and enforce procedures to secure tools, materials, and hardware at elevation which could otherwise fall and cause grave harm to people below.
Insufficient Employee Training
No worker should be expected to put themselves in harm’s way without thorough training on safety guidelines. Employers are responsible for designing and instituting these training methods, which must comply with OSHA guidelines. Just because an employee made a mistake does not mean that the employer escapes liability if they failed to prepare them properly.
Lack of Inspection or Maintenance Protocols
Once the scaffolding is installed, the site manager still bears responsibility for how it performs. Weather and wear can cause structural stability to deteriorate. Employers must be sure that protocols are followed to make sure that workers are as safe as possible every single day.
Scaffolding Injury Lawsuit Damages vs. Workers’ Compensation Insurance in Dallas
Many construction workers who are injured on site will immediately default to trying to submit a workers’ compensation claim. However, coverage can be difficult to obtain and ultimately may be insufficient for your needs. Most Texas workers are able to opt out of workers’ compensation, which can help protect their right to sue after a workplace injury. Furthermore, independent contractors and workers injured by third parties (people other than their employers) can typically file a lawsuit for injuries without workers’ compensation restrictions.
If you are able to sue in court for your scaffolding injuries, you could have all lost wages paid as part of your damages. This includes any paid time off that you are forced to take while recuperating from your injuries. You can also recover additional compensation in line with your loss of earning power and change of career if your injuries hinder your ability to return to work indefinitely.
Medical expense compensation is also available for scaffolding injury plaintiffs. You should be sure to seek medical attention as soon as possible after you suffer your injury. Not only should your health be your first priority, but it also wards off any arguments that you suffered your injuries as a result of some later event.
Most importantly, a lawsuit allows you to get damages for non-economic consequences such as pain and suffering. These damages are not available through workers’ compensation insurance. Essentially, a court will award monetary compensation based on the impact of the injury on a victim’s livelihood that cannot be tallied on a spreadsheet. For an estimate on how much you stand to gain in non-economic damages in your specific case, contact our Dallas scaffolding injury lawyers today.
Statute of Limitations for a Scaffolding Injury Lawsuit in Dallas
Pursuing a lawsuit for your injuries may be your best option, but this option will not be available forever. In order to comply with the Texas statute of limitations on personal injury cases, you must file your lawsuit within two years of the date of the accident. If you do not meet the deadline, you will not be able to file your case or recover for your injuries in court.
The statute of limitations is fairly ironclad. While there are some narrow exceptions, we urge you to avoid relying on them. Your best course of action for your recovery is to contact one of our many experienced Dallas scaffolding injury attorneys as soon as you are able.
Why Wait? Call The Queenan Law Firm, P.C. About Your Scaffolding Injury Case Today
No matter the injuries or how you sustained them, you deserve resourceful and dedicated legal counsel to assist you in your search for justice. Speak to one of the Dallas scaffolding injury lawyers at The Queenan Law Firm, P.C. for free by calling (817) 476-1797.