Dangerous Scaffolding Accidents

According to the Bureau of Labor Statistics (BLS), scaffolding accidents result in 4,500 injuries and over 60 deaths each year and that almost 30 percent of all workplace deaths from falls involve scaffolding or ladders. These accidents are 100% preventable if workplace safety regulations are followed.

Leading Factors in Scaffolding Accidents:

• Defective or faulty scaffolding (either through manufacturing or design)
• Falling debris
• Faulty inspection of scaffolding
• Uninspected scaffolding
• Overloaded scaffolding
• Lack or improper use of scaffolding safety equipment
• Failure of scaffold parts (i.e. wires, bracing, guard rails, planks, etc.)

Construction and industrial sites often use scaffolding to reach upper levels of buildings. While scaffolding is commonly used to allow workers to safely access high rise infrastructures, they can also cause severe injuries as there are several hazards associated with their use.

Many times, scaffolding is missing important items like bracing that prevents workers from falling. Other common problems causing dangerous scaffolding involves the failure to place the proper footing on the scaffolding allowing it to become unstable and even collapse.

Some specialty trades use scaffolding called “pump jacks” to reach upper levels of a building under construction or undergoing maintenance/repair work. These scaffolding must have the appropriate bracing in place on the support poles or they can collapse or tip backwards from the building.

Our client, while working for the City, fell when the scaffolding collapsed due to faulty components. He is now paraplegic. Our Personal Injury Lawyers obtained a recovery of $5,000,000.00

Common Scaffolding Injuries Scaffold collapse injuries can range in severity. It is not uncommon for us to see the following injuries after a scaffolding incident:

• Spinal cord injuries including paralysis
• Traumatic brain injuries
• Broken or dislocated bones
• Severe lacerations or punctures
• Loss of or damage to a bodily organ
• Significant disfigurement
• Amputations

Each of these injuries requires extensive medical attention. Not only will this lead to major medical bills, but the injured person may not be able to work while they recover. Lost income could jeopardize the financial stability of their family. If a scaffold accident victim is disabled, they may require lifelong care.

Safety Standards The Occupational Safety and Health Administration (OSHA) publishes regulations on scaffold safety, including how to construct, maintain, and use scaffolds.

In addition, many private organizations publish scaffold safety standards. Violations of these standards can be used as evidence of negligence in personal injury cases resulting from scaffold accidents.

Experienced Representation Against Insurance Companies Employees who have suffered an injury in a workplace accident find that insurance companies are often quick to offer settlements, or pressure them into signing waivers that limit their rights. Our Work Injury Attorneys have significant experience taking on big insurance companies or liable third parties, and defend our clients' right to receive full and fair compensation.

The Dallas Work Injury Lawyers of Miller Weisbrod offer informed counsel and experienced representation to clients in Texas and nationwide. To discuss your case in a free initial consultation with an experienced lawyer, please fill out the contact form on this page to schedule an appointment. You can also call us directly at 214-987-0005 or toll free at 888-987-0005.

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Workplace Deaths at an 8-Year High

Workplace Deaths at an 8-Year High: When Workers' Comp is not the Sole Remedy

The Bureau of Labor Statistics recently released its annual report on work place fatalities.

The report revealed that workplace deaths have climbed to nearly 5,000 deaths. This is the highest number of workplace deaths since 2008. Workplace fatalities had been declining since hitting a peak in 2006.

Several interesting observations about the report: Men accounted for 93% of all workplace fatalities, the occupation with the highest number of deaths was truck driver (745 deaths), 903 Hispanic/Latino workers died on the job (two-thirds were foreign-born) which is the highest number from any other year, other than 2007 when the home building market was at its pre-crash high and 650 of the workplace deaths involved workers over the age
of 65.

Several factors have played a role in this decline during the last several years. First, the strengthening of government and industry safety regulations has provided workers with safer environments. Second, the economy following the crash of 2008 led to a reduction in building and manufacturing — two of the more dangerous occupations. As the economy recovers and the new President-elect promises to roll back government regulations, a likely consequence of both will be increased workplace accidents and fatalities.

Many employers carry workers’ compensation insurance in Texas. Under these plans, the employee is compensated regardless of fault and the employee’s family, in the case of death, receives partial income replacement benefits for various periods of time. The trade-off is the employee’s family cannot sue the employer for actual damages if the employee’s death was caused by negligence. This statutory immunity is granted by the Texas Labor Code.

What if a family comes to your office and their loved one has been killed on the job due to the wrong-doing of the employer, is the family limited to just workers’ compensation benefits? The answer is “Maybe Not.”

Here are the questions to ask:

• Did the deceased employee leave a spouse and/or any children?
• Was the death caused not just by negligence but by possibly “gross negligence” of the employer? (meaning the risk was known and the company ignored the risks despite this knowledge)
• Is the gross negligence attributable to a vice-principal (i.e. manager/supervisor) or caused by conduct that had been ratified by the company (even implicitly) on previous occasions?

If the answer to the above three questions is “Yes” then Texas Law allows the surviving spouse and/or the children (but not the parents) of the deceased employee to sue the employer for punitive damages only. The Burden of Proof is high and the punitive damages are subject to a cap of 2 times the economic damages plus $750,000 of non-economic damages (so actual damages must be proven, even though not recoverable, for purposes of the cap calculation.)

At Miller Weisbrod, we have successfully handled dozens of cases involving the death of an employee caused by the gross negligence of the employer.

Examples of cases successfully resolved over the last year include the following fact patterns:

• Employee killed when a house being demolished unexpectedly collapsed—the employer failed to have OSHA-mandated Engineering Survey completed prior to starting work
• Employee’s death caused by a failure to control traffic during a highway construction project
• Employee killed when a form fell on him at a manufacturing facility—employer failed to brace the form during maintenance activities despite warnings to do so
• Employee’s died after a forklift carrying a wooden box being used as a work basket flipped over—the employer knew the 17 year old forklift driver had no experience and knew the practice was dangerous
• Employee falls to his death when lifting up a piece of wood he believed was trash—the wood was covering a hole in a multi-story parking garage and was not marked or secured pursuant to OSHA regulations

If you are contacted by a family of a worker killed in a situation that involves wrong-doing of some degree, we would be honored to work on this case with you. We will put our resources to work in order to investigate the facts to determine if a gross negligence case can be made. While evidentiary and legal hurdles exist in these cases, we can put our experience and expertise to work to maximize the potential for recovery.

Miller Weisbrod, LLP is a national law firm specializing in catastrophic injury and wrongful death cases. Partners Clay Miller and Les Weisbrod have built the firm’s reputation with successful verdicts, settlements, appeals and favorable decisions across the country. With resources and finances available to take on the powerful interests that have caused harm, the firm is committed to providing quality representation for clients who are seriously injured and families of victims who are killed as a result of the negligence or misconduct of others.

Miller Weisbrod has offices in Dallas and affiliate offices in Houston and Austin. For more information call toll-free at (888) 987-0005.

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