After a scaffolding fall, you can pursue compensation far beyond standard workers' compensation benefits, especially if a third party's negligence caused your injuries—the available compensation after a construction injury covers medical bills, lost wages, and pain and suffering.
A Texas construction accident lawyer helps you identify all sources of recovery and navigate the complex process of holding negligent parties accountable.
Your Legal Options for Compensation After a Scaffolding Fall
When you seek compensation after a scaffolding fall, the damages you pursue are divided into economic and non-economic categories. Your lawyer evaluates every detail of your case to determine the full extent of your losses.
A thorough assessment makes sure your claim reflects the complete impact the scaffolding accident had on you and your family.
Economic Damages: Covering Your Financial Losses
Economic damages are the tangible financial costs tied to your scaffolding accident injuries. Your lawyer calculates these losses using bills, receipts, and wage statements. They represent the actual out-of-pocket expenses and lost income stemming from the incident.
Examples include:
- All Medical Expenses: This includes payment for every part of your medical care, from the initial emergency room visit and surgeries to ongoing physical therapy, rehabilitation, and future medical needs.
- All Lost Income: You receive payment for the wages you have already lost while unable to work. It also covers the loss of future earning capacity if your injuries prevent you from returning to your former job or earning the same income.
- Other Out-of-Pocket Costs: This covers related expenses like prescription medications, necessary medical equipment like a wheelchair, or modifications to your home or vehicle to accommodate a disability.
Non-Economic Damages: The Human Toll
Non-economic damages address the profound, intangible suffering that a price tag doesn't fit. A catastrophic injury from a scaffolding fall causes immense personal hardship. These damages are intended to acknowledge the human cost of the accident.
This part of your compensation after a scaffolding fall covers:
- Pain and Suffering: This compensates you for the physical pain and discomfort you have endured and may continue to endure for the rest of your life.
- Mental Anguish: This addresses the emotional trauma of the event, including conditions like anxiety, depression, or post-traumatic stress disorder (PTSD).
- Physical Impairment and Disfigurement: You may seek compensation for the loss of function of a body part, permanent limitations on your abilities, or scarring and other visible disfigurements.
- Loss of Consortium: Your spouse may have a claim for the loss of companionship, support, and intimacy resulting from your severe injuries.
What Is Negligence in a Construction Accident?
Negligence is the foundation of a personal injury claim after a scaffolding fall. It’s a legal term for when a person or company acts carelessly and directly causes your injury. Proving that another party was negligent is how you hold them financially responsible for the harm you suffered.
Your construction accident lawyer works to establish that the at-fault party’s actions weren’t just an accident, but a failure to follow established safety rules. They build a case that proves this carelessness led to your life-altering injuries.
The Duty To Provide a Safe Worksite
Every company on a construction site has a legal responsibility to keep the area reasonably safe for all workers. This duty isn’t optional; it's a fundamental requirement of operating on any job site.
This includes following all federal and state safety regulations, like those set by the Occupational Safety and Health Administration (OSHA).
Companies must conduct regular inspections, provide proper safety equipment, and warn workers of any known hazards. Fulfilling this duty helps prevent falls and other job site accidents.
How a Breach of Duty Causes a Fall
A breach of duty occurs when a company fails to meet its safety duty. In a scaffolding accident, this breach is the specific act of carelessness that caused the fall. Proving this failure is the key to a successful negligence claim.
Common breaches of duty in scaffolding fall cases include:
- Improper Assembly: The scaffold wasn’t built according to the manufacturer's specifications or was erected on unstable, uneven ground.
- Lack of Safety Gear: The company failed to provide or require essential safety equipment, like guardrails, toeboards, or personal fall arrest systems.
- Defective or Damaged Components: The company knowingly used or failed to replace worn-out, broken, or improper parts when constructing the scaffold.
When one of these failures leads directly to the scaffold's collapse and your injuries, that company is legally considered negligent. Your lawyer's job is to gather the evidence to prove this link and hold them fully accountable.
Who Is Responsible for a Scaffolding Accident?
On a busy construction site, multiple companies and individuals have a duty to maintain a safe work environment. They can be held liable for the resulting injuries when they fail in that duty.
A thorough investigation often reveals that the negligence of more than one party contributed to the accident. Your personal injury lawyer works to identify every person or company whose actions, or lack thereof, caused your fall.
General Contractors and Site Owners
The general contractor or property owner is ultimately responsible for overall site safety. They’re in charge of hiring subcontractors, coordinating work, and making sure that all federal and state safety regulations, like those from OSHA, are followed.
Their failure to enforce safety rules or provide proper oversight makes them a primary target in a liability claim.
Scaffolding Manufacturers or Suppliers
Sometimes, the fault lies not with how the scaffold was set up but with the scaffold itself. If a defect caused the accident, the company that designed, manufactured, or supplied the scaffolding is responsible.
A structural failure, a faulty locking mechanism, or defective planks point to liability on the part of the manufacturer.
Other Subcontractors on the Job Site
The actions of another company on the site also lead to a dangerous situation. For example, a different subcontractor might have struck the scaffolding with a piece of heavy equipment, compromising its stability.
In other cases, a company responsible for assembling or dismantling the scaffold may have done so improperly.
Workers’ Compensation vs. a Third-Party Personal Injury Claim
After a work injury, you may hear about workers' compensation benefits. In Texas, the system is unique, and it’s vital to understand your specific options. You may have the right to file a personal injury lawsuit in addition to, or instead of, a workers' comp claim.
What Texas Workers’ Compensation Covers
Texas is one of the few states where private employers aren’t required to have workers' compensation insurance. If your employer subscribes to workers' comp, your claim is generally limited to those benefits.
Workers' compensation provides a portion of your lost wages and pays for your medical treatment.
The Limits of Workers’ Compensation Benefits
Workers' compensation doesn’t provide payment for your pain and suffering. It doesn’t compensate you for the full amount of your lost wages. In exchange for these limited benefits, you’re usually barred from suing your employer for the injury, even if their negligence caused it.
Filing a Third-Party Claim for Full Compensation
The key to getting full scaffolding accident compensation is often a third-party claim. If your fall was caused by the negligence of someone other than your direct employer, you can file a personal injury lawsuit against that third party.
This is the path to recovering all your economic and non-economic damages. For example, you file a third-party lawsuit against the general contractor, the scaffolding manufacturer, or another subcontractor.
This type of claim is separate from any workers' comp benefits you receive. It’s the most effective way to secure the financial stability your family needs.
How a Lawyer Strengthens Your Scaffolding Injury Claim
A personal injury lawyer does much more than fill out forms. They become your protector and advocate, managing every aspect of your case so you can concentrate on your physical and emotional healing.
An attorney levels the playing field against large construction companies and their insurance carriers.
Investigating the Accident to Uncover All Facts
Your legal team launches an immediate and thorough investigation into the cause of your scaffolding fall. They go to the accident scene to take photos, preserve evidence, and interview witnesses.
They may also work with engineering and construction safety experts to analyze what went wrong and prove why the scaffold failed.
Identifying Every Liable Party
An experienced lawyer knows how to trace liability back to all responsible parties. They review contracts, daily work logs, and safety records to determine who had a duty to keep you safe and how they failed.
Identifying every potential defendant maximizes the compensation you can receive after a scaffolding fall.
Calculating the Full Value of Your Claim
Calculating the true value of your claim is complex. A construction accident lawyer looks beyond the immediate bills and considers all future consequences of your injury. They use their experience to place a fair value on your immense pain and suffering.
Your lawyer may work with medical professionals, economists, and life care planners to project your future medical costs and lost earnings over your lifetime.
Managing Insurance Companies
Dealing with insurance adjusters is a difficult task. Adjusters are trained to protect their company's bottom line by paying out as little as possible. Your lawyer handles all phone calls, letters, and negotiations with every insurance company involved in your case, shielding you from their pressure.
Taking the Fight to Court (if Necessary)
Most construction accident claims settle before a trial. However, if the defendants and their insurance carriers refuse a fair settlement offer, your lawyer can take your case to a judge and jury. They’ll present your case in court to fight for the compensation you need.
FAQ for What Compensation Can I Get After a Scaffolding Fall?
How Is Fault Determined in a Scaffolding Accident Case?
Lawyers and insurance adjusters determine fault in a scaffolding accident by investigating the accident to determine who was negligent. Negligence means someone failed to act with reasonable care, causing your injury.
Evidence such as photos of the scene, witness testimony, expert analysis of the scaffolding, and company safety records shows negligence.
Is Workers' Compensation My Only Option for Benefits?
No, workers’ compensation usually isn’t your only option. If a third party, like a general contractor or another company on site, was responsible for your fall, you can file a personal injury lawsuit against them. This lawsuit allows you to seek a much wider range of damages than workers' comp offers.
What if My Employer Doesn't Have Workers' Compensation Insurance?
If your employer is a non-subscriber in Texas, you can sue your employer directly for your injuries. In these cases, you’re not bound by the limitations of the workers' comp system. Your employer also loses certain legal defenses, which makes it easier to prove your case against them.
What Is the Most Compensation I Can Get After a Scaffolding Fall?
There is no set maximum amount for scaffolding accident compensation in Texas. The value of your case depends on many factors, including the severity of your injuries, the total amount of your medical bills and lost wages, and the strength of the evidence proving the other party's fault.
While catastrophic injury cases usually result in substantial settlements or verdicts, a personal injury lawyer can review the facts of your case and give you an estimate.
How Long Do I Have To File a Claim After a Scaffolding Accident in Texas?
The statute of limitations in Texas for filing a personal injury lawsuit is generally two years from the accident. However, there are some exceptions to this rule. You must act quickly, as evidence disappears, and building a case takes time.
Contacting a personal injury lawyer soon after your injury gives them the best opportunity to preserve evidence and build a strong case on your behalf.
Take Back Control of Your Future
The legal system provides a powerful way for you to hold negligent companies accountable and secure the resources you need to rebuild your life after a scaffolding fall. The other side has teams of lawyers working to protect their interests. You need a dedicated legal team on your side.
At DFW Injury Lawyers, a Texas personal injury lawyer from our firm fights for injured construction workers across the state. Contact us today at (972) 440-2320 for a free and confidential consultation to get the clear answers you need.