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 Offices 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 the Scaffolding Accident Attorneys of Our Law Office stand ready to assist you. More about San Antonio construction site accidents
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 which may be held liable for compensation for damages arising from a fatal accident may be as likely as 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, discussed below.
The Scaffolding Accident Attorneys of our Law Offices 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 Offices on your side will send a clear signal to those responsible for your pain and suffering. Contact the Offices of our Law Offices today for a free consultation.