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If you’ve been injured in a workplace scaffolding accident, you may have questions about what to do next. A Houston scaffolding accident attorney can help clarify your situation and next steps. Accidents while using scaffolding are a substantial problem in the construction industry, frequently resulting in significant injuries that can interfere with families and careers. The Law Offices of Aaron Allison provide courageous, relentless legal assistance to workers throughout Houston facing these situations.
Personal Injury & Accident Lawyers in Austin, Texas
In Austin, Texas, finding a workers’ compensation attorney you can trust is essential after a workplace injury. At Aaron Allison Law Firm, trust isn’t just a word—it’s the foundation of every client relationship.
When you come to see us for the first time, it helps if you have as much information about the accident with you as you can. The more information we can gather, the better prepared we will be to evaluate your case. Every piece of evidence is significant in making your claim. For example:
These materials allow us to piece together a clear picture of what happened and who might be responsible. Documentation showing safety violations or non-compliance with OSHA guidelines can be particularly useful in strengthening your case. If you’re unsure about the relevance of certain documents, it’s better to bring them along for review.
We take a comprehensive approach to evaluating your claim. This means examining the circumstances of your accident, the severity of your injuries, and any potential workplace safety violations. If scaffolding wasn’t properly secured, maintained, or inspected, it could indicate negligence. Compliance with OSHA regulations is another critical factor we review to determine the strength of your claim.
Many scaffolding accidents occur due to violations of various safety concerns. These include incorrect assembling, giving no importance to regular scaffolding inspection, or failing to provide a method of fall protection, such as harnesses or guardrails. OSHA standards impose strict requirements on employers because the nature of the work involves much risk; though if this is ignored, the outcome could be horrific. Common violations include overloading, unbalanced platforms, and improper labor training, resulting in a high chance of accidents.
Poor communication between contractors and subcontractors may further cause any oversight that may happen. Other structural issues at the site include uneven ground and incorrect weight distribution on the scaffolding platforms. These are the violations a solution of which would first and foremost provide safety to the workers, and secondly bring responsibility to the culprits.
In Houston, employees have multiple legal protections based on their circumstances. Workers’ compensation can provide benefits that include medical care, partial wage replacement, and rehabilitation services if your employer has it. In Texas, and most other states for that matter, you have the right to file a work injury claim against your Texas employer—this is true even when the injury was caused at no fault of your own (as is also covered by Texas Labor Code Section 406.031, which mandates you be compensated for injuries occurring in the course and scope of work that may have been your fault). The point of this statute is to make sure workers get the financial and medical assistance they need to heal after a workplace injury.
If your employer does not subscribe to workers’ compensation — a common situation in Texas — you may have the option to file a personal injury lawsuit. These lawsuits enable injured workers to receive compensation for tangible losses like lost wages and medical expenses, as well as for intangibles like pain and suffering or emotional distress. In addition, if someone other than your employer was responsible for causing your accident, such as a subcontractor or equipment manufacturer, you may have a valid third-party claim. Workers who have a grasp of the provisions of Section 406.031 and other applicable laws can more easily know if none, some, or all the benefits have been offered to them and understand what their best course of action is.
Liability can be difficult to determine when more than one party is involved. For instance, a scaffolding accident could be the fault of subcontractors, equipment manufacturers, property owners, and more. We review contracts, safety records, and other evidence to determine fault and formulate the strongest case possible. Such a comprehensive approach prevents all possible sources of recovery from being missed.
Scaffolding accidents are very complicated cases in terms of court proceedings. It is difficult to establish negligence in courts, more so if numerous parties are involved. There are employers who are not subscribers who deny liability. Similarly, some construction sites hire numerous contractors, which complicates finding out where the fault lies. Furthermore, gathering information from witnesses and taking accident reports needs careful attention with respect to time and strategy. We have years of experience dealing with these types of issues and help make the process as easy as it can be while making sure your rights are upheld.
We focus on creating a compelling case for your case. This includes gathering crucial documentation that will detail the extent of your damages, including medical records, expert evaluations, and accident reports. These damages also extend beyond that which is calculable, including both measurable economic losses (medical bills, lost income) as well as non-economic damages (emotional anguish, pain). A well-prepared case means that we can negotiate with insurance companies or opposing counsel from a place of confidence and strength.
The amount of scaffolding accident settlement in Houston depends on several factors. They include the extent of your injuries and how much treatment is required, as well as whether or not there is some evidence of negligence or a safety violation. The financial and emotional costs of the accident — lost wages, for example, as well as emotional distress — also play a role. The strength and thoroughness of the documentation of your case can also greatly affect the amount of the final settlement.
Construction and other high-risk industries have always been dangerous — 578 fatal occupational injuries were reported in Texas in 2022, an increase of 8% from 2021, and an incident rate of 4.3 deaths per 100,000 full-time employees, a rate notably higher than the national average of 3.7 (BLS, U.S. Department of Labor, December 2023).
We believe in educating our clients to enable them to make the right decision. This includes explaining relevant laws, such as OSHA’s scaffolding safety standards, and outlining the claims process. By understanding their rights, clients feel more confident and prepared as their case progresses.
We stress clear and forthright communication. From the initial consultation right through to the resolution of your case, we keep you up to date with any development in your case. Promptly answering questions and keeping you updated, we ensure that you understand your options and feel empowered throughout the process.
Client Reviews
If you’re in an accident or have an issue with a workers comp issue Aaron Allison is the guy to call. He is the attorney who will get you everything you need plus will give you the right advise on what to do and how to do it. Mr. Allison will take time out of his day, which can be hours, talking to you and giving you valuable advise on your legal issues. He always calls you back and always remembers details of what you have discussed in the past. One of my favorite things about him is he is not your typical B.S. attorney you’re used to dealing with. He always talks to you in a honest and straight forward way and he always clarifies if you don’t understand. Very easy guy to talk to, who will fight tooth and nail for you and will always have your best interest at heart.
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When you schedule your free consultation with a personal injury and accident lawyer in Austin, Texas, it’s important to come prepared with any questions you may have. Here are some common questions clients often ask us:
When you are injured at work or contract an occupational illness, you should immediately report this to your employer. After your work injury or illness is reported, you will visit an approved healthcare professional, start the workers’ compensation claim process, file your claim, receive your benefits and, hopefully, return to work. Having an experienced Austin workers’ compensation law firm by your side right from the beginning can often make a significant difference in the outcome of your claim.
If you are granted workers’ compensation benefits, then it should cover all of your medical and rehabilitation costs. You will also receive partial wages for any work that you miss. Some policies will provide death benefits if an employee is killed on the job.
However, certain circumstances may affect the amount of workers’ compensation benefits that you are entitled to receive. Consult with our Texas workers’ compensation attorneys before making any final decisions.
Temporary workers’ compensation benefits can be collected in Texas for 104 weeks, with a possible extension if you have or will have spinal surgery due to your work injury within 12 weeks prior to the deadline. If your impairment income benefits run out under Texas workers’ compensation, then you may be able to receive supplemental income benefits, providing you meet a number of qualifications.
Texas does allow lifetime income benefits under workers’ compensation. However, this applies to only a few severe types of impairment. Our Austin workers comp lawyer will help you figure out how long you can collect workers’ compensation benefits in Texas.
Certain farm and ranch workers, casual laborers, domestic workers and any worker covered by a method of compensation established under federal law may be exempt from receiving workers’ compensation benefits in Texas. The Texas workers’ compensation attorneys at our firm can help you determine if you are an exempt employee.
Texas does not require most employers to have workers’ compensation insurance. The state allows private employers to decide whether they want to participate in the workers’ compensation system. This means your first step will be to determine whether your employer carries workers’ compensation insurance. If your employer does carry workers’ comp, then you will report your injury to your employer.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Aaron Allison, who has vast legal experience as a workers compensation attorney.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 512-474-8346