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713-521-0059
It is whether anchor points existed, whether a harness and lanyard were provided and inspected, whether the scaffold was erected and inspected by a competent person, whether guardrails and toeboards were in place, and who was responsible for each of those.
On a multi-employer site those responsibilities are divided by contract. Call 713-521-0059.
It follows control. A general contractor coordinating the site, a subcontractor erecting the scaffold, an equipment supplier, and the premises owner can each bear a share, and each usually carries its own insurance.
Because responsibility is apportioned by percentage in Texas, a claimant can recover so long as the claimant is not more than 50 percent responsible, and identifying every responsible party changes what is ultimately recovered.
Texas is the only state where an employer may lawfully carry no workers compensation. If yours does not, Section 406.033 of the Texas Labor Code bars it from arguing contributory negligence, assumption of the risk, or the negligence of a fellow employee. See our non-subscriber page.
Scaffolds are dismantled within days and harnesses are returned to service. Photographs of the structure as it stood, the inspection tags, and the fall protection plan are frequently the whole case, and they stop existing quickly.
A Texas personal injury claim generally must be filed within two years of the injury under Section 16.003 of the Civil Practice and Remedies Code. Call 713-521-0059.
