If You’ve Been Injured in a Scaffolding Accident, Call Our Lawyers
Injuries resulting from on the job construction site falls are the most frequent causes of highly damaging and often traumatic occupation death. The dangers of falling from scaffolding are well known by those working in the construction industry, and falls from scaffolding are often the result of a number of factors.
Injuries from scaffolding fall accidents range in cause from defective hardware (such as the use of screws, or bolts improper for the load capacity being supported) or equipment, improper installation or operation of scaffolding equipment, failure to provide proper safety equipment, or improper to inadequate worker training.
If you have lost a loved one in a scaffolding accident, it is in your best interest to know your legal rights regarding compensation for their loss. The Scaffolding Accident Attorneys of our Law Office have been fighting for the rights of those needlessly killed in on the job construction scaffolding accidents, for over 20 years. We can help you determine your most beneficial legal avenue to compensation for funeral, medical, and financial hardship costs incurred as a result of the loss of your loved one. Our attorneys have helped thousands of Texans suffering from the needless death of their loved ones resulting from construction scaffolding accidents caused by negligence. An understanding of Workers’ Compensation Law is essential for determining your legal course of action in pursuit of compensation, and our Scaffolding Accident Attorneys of our Law Office stand ready to assist you.
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Scaffolding Injury Cases: The Potential for Multiple Party Liability
There exists a great potential for third party liability in cases of on the job deaths. With regard to construction scaffolding accident deaths, third parties that may be held liable for compensation for damages arising from a fatal accident may be as likely as a source of compensation for your damages, as the employer under whose responsibility your loved one was wrongfully killed. Liable third parties could include the manufacturer or installer of the scaffold, or the persons(s) responsible for the maintenance of the scaffolding equipment, the general contractor (GC), subcontractors having a physical presence on the job site, or other workers. According to Texas State Law, all companies, and individuals have a legal duty to provide a certain measure of safety, and owe a duty of no harm, to workers designated, or recognized by law as “general employees”. The deceased employee’s employer may also be held liable for damages arising from a fatal scaffolding accident, in addition to third parties. The complexities of pursuing compensation in the event of a fatal work-related injury require the service of an experienced professional legal counsel. Such counsel will be able to fully navigate the tumultuous backwaters of legal code, and case law to determine the most appropriate course of legal action relevant to your case, and will also be able to provide for you a means of protecting your legal right to seek compensation for damages sought. One of the first, and often most formidable obstacles to be assessed and analyzed in your pursuit of compensation for the death of your loved one is that of the Workers’ Compensation Insurance status of the deceased worker’s employer. The pursuit of compensation for the wrongful death of a loved one from an employer subscribing to Workers’ Compensation Insurance, will differ from cases of compensation sought from an employer who does not subscribe to Workers’ Compensation Insurance.
The Complexity of Workers’ Compensation Insurance
Essential to your legal pursuit of compensation is knowledge of the employer’s Workers’ Compensation Insurance status. As mentioned before, this will determine the legal routes by which you may legally pursue compensation for your financial and emotional losses. Your Scaffold Accident Death Attorney will best be able to assist you in determining this essential factor. In Texas, Workers’ Compensation Law has recently been reshaped to be of greater benefit to the employers who have opted to carry Workers’ Compensation Insurance. This has come about as a result of pressure placed upon the Texas Legislature by companies wishing to cap their liability for damages in the event of worker injuries and or fatalities. “Tort Reform”, as it has since been labeled reduces an employer’s liability for further damages sought by injured workers or the families of workers who have been killed on the job for employers who carry Workers’ Compensation Insurance (subscribers). However, do not be misled into believing that you are not legally entitled to sue for damages awarded under Workers’ Compensation simply because of this fact. Even in cases of fatal workplace accidents in which the employer is a subscriber, third parties exist, from whom compensation can be sought. On the other hand, Tort Reform/ Workers’ Compensation Insurance Law punishes employers who did not subscribe to Workers’ Compensation (non-subscribers) by not shielding them from damages sought by injured workers, and the families of workers wrongfully killed in on the job or work-related accidents. Lawsuits arising from the families of workers killed in work-related accidents often provide damages that exceed the customary amounts paid by Workers’ Compensation Insurance. Lawsuits against subscriber and non-subscriber employers are handled differently and involve their own resulting complexities.
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Workers’ Compensation Subscriber Lawsuits
Subscriber employers have the advantage of being shielded against further lawsuits from injured workers and the families of workers killed, and cannot be sued directly by an injured employee, or the family of a worker wrongfully killed on the job. However, if the family of a worker who has been wrongfully killed on the job can prove that the employer’s gross negligence played a crucial role in the death of their loved one, they may be eligible to pursue damages in addition to those awarded by Workers’ Compensation for their losses via a wrongful death lawsuit. Workers’ Compensation pays the worker of the family of a deceased worker a stated amount as compensation for their pain and suffering. However, this amount is usually insufficient to cover the costs incurred and often leave the grieving family without the financial means to recover sufficiently from their emotional and financial losses. Do not be fooled into believing that you are not entitled to take any further legal action to obtain compensation for your loss because the employer of your deceased loved one carried Workers’ Compensation insurance. It is often the case that third parties may also be liable for damages in the event of a fatal scaffolding accident. Your scaffolding accident attorney is more than capable of assisting you in determining a course of legal action most beneficial to the conditions of your case and will utilize his or her high level of experience and professional dedication to help you obtain the fair and just compensation you and your family deserve for your losses. For over twenty years, the scaffolding accident, and wrongful death attorneys of our Law Office have been helping Texas families protect their legal rights, hold those accountable for the deaths of their loved ones, recover damages for their losses.
Non-Subscriber Lawsuits
The families of workers wrongfully killed in scaffolding accidents may pursue damages under a wrongful death lawsuit and only need to prove the employer’s negligence as being the cause of the fatal accident. Facing the potential of unlimited liability in the event of a work-related scaffolding accident, non-subscriber employers often begin building a legal case against the injured or wrongfully killed worker long before any such incident occurs. These employers, along with the legal defense lawyers of any insurance company with whom they may have a policy, will go to incredible and often underhanded lengths to prove that the injured, or deceased worker was responsible for their own injuries, or death. Such tactics may include outright slander, attacks upon the character, work ethic, or mental capability of the worker, or the manipulation of eyewitness statements, or any statements, which do not favor their legal, or financial interests. Another tactic utilized by non-subscriber employers to avoid having to pay damages is the definition of a worker as a “contractor, temporary worker”, or any other than a “general employee”. This is a tactic based upon the knowledge and recognition of the different duties of safety, which employers must provide for their employees. While “general employees” must be provided by law the duty of a safe working environment, contractors and temporary workers must, themselves, see to the safety of their own work environments. The scaffolding accident attorneys have over twenty years of experience in thwarting the tactics of non-subscriber employers and their defense lawyers attempting to avoid liability for damages. We have helped thousands of Texans recover damages for their financial and emotional losses. Do not allow those responsible for your injuries to remain free from justice. Contact our Law Office, and let’s work together to protect your legal rights, and obtain fair and just compensation for the scaffolding death of your loved one.
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Who, Exactly, is Entitled to Legally Pursue Damages Arising from an Injurious or Fatal Scaffolding Accident?
With the right attorney: one who is highly experienced and knowledgeable of case law regarding construction-related injuries and deaths, almost everyone who has been injured, or wrongfully killed at the hands of a negligent employer may be legally eligible and entitled to seek compensation for their pain, suffering, and financial losses. The differing factors pertinent to your individual case will demand that certain courses of legal action be taken. If you have been injured in a scaffolding accident, or have lost a loved one in a fatal scaffolding accident, it is of the utmost importance that you immediately seek out and designate an appropriate legal representative, to protect your legal right to seek compensation, and pursue damages for your pain, suffering, and financial losses. Under certain conditions, even workers designated as “contractors”, or “temporary”, or even workers borrowed from another employer to complete job duties for another employer may be eligible and legally entitled to pursue compensation for any scaffolding injuries or deaths. In these instances, it will be essential to establish the proper and legal definition of the “employer-employee” relationship, and determine the Workers’ Compensation status of the employer.
If you have been injured in a scaffolding accident, or if you have lost a loved one in a fatal scaffolding accident, the Scaffolding Accident and Wrongful Death attorneys of our Law Office are here to help you obtain restitution for your losses. It is unfortunately frequently the case that other law firms overlook the details of a case and refuse to take it, due to inexperience in the field of practice. Our Law Office has specialized in the litigation of Texas Personal Injury and Wrongful Death Law for over twenty years. Our attorneys are well-practiced, and extremely knowledgeable of the legal hurdles, twists, and turns of pursuing personal injury and wrongful death lawsuits, and we have helped thousands of Texans suffering from injuries and the deaths of their loved ones secure the restitution they need to move on with their lives.
In one case of an injured worker’s case being dismissed, a client working on the job site of a stadium renovation project had his foot crushed by a cement spreader went to a Workers’ Compensation Insurance lawyer to have his situation reviewed. He was told, by this lawyer, that because he was a “temporary” worker, that he was not eligible to receive compensation for his pain, suffering, and financial losses. This client then contacted the attorneys of our Law Office, and we were able to properly prove that an “employer-employee” relationship did indeed exist between the client and the defendant. Proof of this relationship allowed us to help him recover damages for his injuries, and hold those responsible for his injuries accountable.
The Scaffolding Accident Attorneys of our Law Office are Here to Help You
Regardless of your situation, whether you are designated by your employer as a contractor, temporary worker, or volunteer, we can help you determine your legal rights, and obtain compensation for construction-related and scaffolding accident injuries, or fatalities. If you have lost a loved one, we can help you and your family hold those responsible for the wrongful death of your loved one accountable for their negligent actions, and secure fair and just compensation for your pain, suffering, and financial losses. Having the Scaffolding Accident and Wrongful Death Attorneys of our Law Office on your side will send a clear signal to those responsible for your pain and suffering. Contact our Law Office today for a free consultation.
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