Scaffolding accidents can cause devastating injuries for construction workers. These injuries can require expensive medical care and long periods away from work. If you have been injured in a workplace accident, you will need to file either a workers’ compensation claim or a personal injury lawsuit. This can be a very complicated process, so hiring a San Antonio scaffolding accident lawyer is a good idea. Your construction accident attorney will make the best possible arguments on your behalf to help you get the compensation you deserve.
Scaffolding accidents can happen because of falling objects, incorrectly installed scaffolding, slippery conditions, missing guardrails, and many other reasons. Some accidents are unavoidable, and no one is specifically liable. If this happens and the employer is participating in the Texas workers’ compensation system, the injured worker can file a claim. If the employer has opted out of workers’ compensation, getting expenses covered will be difficult if no one is negligent.
If an employer is not participating in workers’ compensation and was negligent, it would be considered responsible for the accident. This can happen when the employer fails to follow reasonable safety procedures that would have prevented an injury. For example, an employer might put excessive pressure on employees to overlook safety procedures to meet an unreasonable deadline, fail to provide appropriate safety equipment, or not offer enough training for employees to use the scaffolding safely. Sometimes a third party, like an outside contractor or supplier, is also responsible for an accident. For example, if a third-party company installs the scaffolding and does so incorrectly, it could be liable. In this case, the injured person can file a civil lawsuit with the help of a San Antonio scaffolding accident attorney.
If the injured person needs to sue their employer or a third party, hiring a lawyer is a good idea. Lawsuits are complicated, and it is easy for an injured person to make a mistake that hurts their case.
Texas uses a modified comparative negligence system. This means that if the employee was partially responsible for their own injuries, they can still receive compensation as long as the employer was more responsible. However, their compensation would be reduced based on their responsibility. For example, if a worker has $100,000 in damages and is considered 20 percent responsible, they would receive $80,000. If they were 55 percent responsible, they would not be able to receive compensation. A lawyer in San Antonio will know how to present the situation to help the injured person get as much compensation as possible after a scaffolding accident.
If you were injured in a scaffolding accident, getting the compensation you need to cover your expenses so you can focus on your health can be difficult. If you will be filing a lawsuit, hiring an attorney is essential. A San Antonio scaffolding accident lawyer can assess your case, help you understand what to expect, and make the best possible arguments on your behalf. Felix Gonzalez Accident and Injury Law Firm starts our process with a free consultation. Contact us to schedule yours today.