Construction sites can be dangerous, and scaffolding accidents are among the most severe incidents that workers and bystanders can face.
If you or a loved one has been injured in a scaffolding accident in San Antonio, you need experienced legal representation. As a top-rated scaffolding accident lawyer in San Antonio, Patterson Law Group is here to fight for your rights and help you seek the compensation you deserve.
Common Causes of Scaffolding Accidents
Scaffolding accidents can happen for various reasons, including negligence or failure to follow safety regulations. Understanding the common causes of these accidents can help you determine if you have a valid claim:
1. Improper Installation
Scaffolding must be properly installed to ensure stability and safety. In Texas, the Occupational Safety and Health Administration (OSHA) sets forth specific scaffolding setup and use standards.
According to OSHA, 72% of scaffolding accidents result from scaffolding collapse, improper planking, and failure to secure the structure properly (OSHA, 2023). Contractors or employers may be liable for injuries if they fail to adhere to these standards.
2. Lack of Safety Training
Employers are legally obligated to provide adequate safety training to all workers operating on or around scaffolding. Unfortunately, insufficient or improper training is a leading cause of accidents on construction sites.
Texas law requires that construction companies train employees in proper scaffold use and recognize potential hazards. When employers neglect this responsibility, serious injuries can occur, leading to liability claims.
3. Defective Scaffolding Materials
Faulty or defective scaffolding equipment can lead to catastrophic injuries or even fatalities. If a scaffolding component fails due to poor manufacturing or design, the injured party may have grounds for a product liability claim.
We have extensive experience pursuing such claims to hold manufacturers accountable for the safety of their products.
4. Poor Weather Conditions
Extreme weather, such as high winds or rain, can compromise the stability of scaffolding. Employers must account for these risks and ensure that scaffolding is secure during inclement weather. If employers fail to take necessary precautions, they may be held liable for resulting injuries.
Understanding Texas Scaffolding Laws
Texas follows both federal OSHA standards and state-specific regulations regarding scaffolding safety. These laws protect construction workers and the public from preventable accidents.
OSHA Regulations
OSHA regulations require that scaffolding used on construction sites meet stringent criteria for setup, maintenance, and inspection. Employers must ensure that:
- Scaffolds are erected and disassembled under the supervision of a qualified person.
- Workers receive proper safety training.
- Scaffolding is inspected regularly for any defects or hazards.
Failing to comply with these regulations can result in employer liability if an accident occurs.
Texas Workers’ Compensation Laws
In Texas, injured construction workers may be entitled to workers’ compensation benefits. However, Texas does not require employers to carry workers’ compensation insurance.
If an employer lacks this coverage, injured workers may need to pursue a personal injury claim to recover compensation for medical expenses, lost wages, and pain and suffering. As a San Antonio scaffolding accident attorney, we understand the intricacies of Texas law and can guide you through the complexities of filing a claim.
What to Do If You Are Injured in a Scaffolding Accident
If you are injured in a scaffolding accident, your actions in the immediate aftermath can significantly impact your ability to secure compensation. Here are crucial steps to take:
- Seek Immediate Medical Attention: Your health and safety are the top priority. Make sure to seek medical care even if your injuries initially seem minor. Proper documentation of your injuries is also vital for your claim.
- Report the Incident: Immediately notify your employer or site supervisor about the accident. An official report helps document the incident, which is essential for both insurance and legal claims.
- Document Evidence: Take photos or videos of the accident site, including the scaffolding structure and any visible hazards, if possible. Collect witness statements and contact information, as they may provide valuable support for your case.
- Contact a San Antonio Scaffolding Accident Lawyer: Legal representation is critical to protect your rights. Our team will handle communications with insurance companies and employers, ensuring you receive the compensation you deserve.
Compensation for Scaffolding Accident Victims
Injuries from scaffolding accidents can be severe, ranging from broken bones and head injuries to spinal cord damage and paralysis. The financial burden of medical treatment, rehabilitation, and lost income can be overwhelming.
We are committed to securing full compensation for your losses, which may include:
- Medical Expenses: Compensation for emergency care, hospital stays, surgeries, medications, and ongoing rehabilitation.
- Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost income, both past and future.
- Pain and Suffering: Physical and emotional distress caused by the accident can also be compensable. We fight for the maximum compensation to cover these non-economic damages.
- Punitive Damages: In cases of gross negligence or intentional misconduct, the court may award punitive damages to deter similar behavior.
Why Choose Us as Your San Antonio Scaffolding Accident Attorney
At Patterson Law Group, we understand the devastating impact a scaffolding accident can have on your life. Our team of experienced San Antonio injury attorneys is dedicated to providing compassionate, results-driven legal representation. Here’s why clients choose us:
1. Proven Track Record
We have successfully represented numerous clients in scaffolding accident cases throughout San Antonio and the surrounding areas. Our experience allows us to build strong cases and secure the compensation our clients deserve.
2. Personalized Legal Services
Every scaffolding accident is unique, and we approach each case with personalized attention. We work closely with clients to understand the specifics of their injuries and build a tailored legal strategy that maximizes their compensation.
3. No Upfront Fees
We believe everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we operate on a contingency fee basis, meaning you pay nothing unless we win your case.
4. In-Depth Knowledge of Scaffolding Laws
As a top-rated scaffolding accident lawyer in San Antonio, we are well-versed in both federal and Texas scaffolding regulations. Our knowledge allows us to identify violations and build a compelling case for liability.
Frequently Asked Questions (FAQs)
What is the Statute of Limitations for Scaffolding Accident Claims in Texas?
What is the Statute of Limitations for Scaffolding Accident Claims in Texas?In Texas, the statute of limitations for personal injury claims, including scaffolding accidents, is typically two years from the date of the accident. It is crucial to act promptly, as missing this deadline may result in losing your right to pursue compensation. Contact us as soon as possible to start building your case.
Can I File a Claim if My Employer Does Not Have Workers’ Compensation Insurance?
Yes, if your employer does not carry workers’ compensation insurance, you may be able to file a personal injury lawsuit. In such cases, you could recover compensation for medical expenses, lost wages, pain and suffering, and other damages. We can help you explore all legal avenues available to you.
What If I Was Partially at Fault for the Accident?
Texas follows a modified comparative negligence rule, meaning that as long as you are less than 51% at fault for the accident, you may still be eligible to recover compensation. However, your damages may be reduced based on your percentage of fault. Our team will evaluate your case and work to minimize any claims of partial fault against you.
Contact a Top-Rated Scaffolding Accident Lawyer in San Antonio Today
If you’re searching for a scaffolding accident lawyer near me, Patterson Law Group is ready to help. We are committed to fighting for the rights of scaffolding accident victims and ensuring they receive the compensation they deserve. Call us today for a free consultation and let us take the first step in your journey toward recovery.
Let Patterson Law Group be your trusted San Antonio scaffolding accident attorney. Reach out to us today, and together, we will build a strong case for your recovery.
