Falls From Ladders, Scaffolds, and Roofs: Who May Be Responsible at a Texas Jobsite?

A fall takes one second. The recovery can take years. Falls from ladders, scaffolds, roofs, platforms, and loading docks are a serious risk in construction and industrial work. When someone is hurt, people ask: did the worker slip up, or did something go wrong that should have been prevented?

Questions worth asking after a fall

• The equipment. What was the ladder, scaffold, lift, or platform? Who owned it? Was it in good shape? Who set it up?
• The protection. Was there a guardrail, harness, or other protection? Was it provided, and did it work?
• The training. Was the worker trained for this task and told what to do?
• The site. Who controlled the area? Was it wet, cluttered, or poorly lit?
• The companies. Who employed the worker? Who else had people or equipment on the site?

Why more than one company matters

If you were hurt on the job and your employer has workers’ compensation insurance, benefits are generally the exclusive remedy against the employer. But a jobsite may include a property owner, a general contractor, subcontractors, and an equipment maker or rental company unaffiliated with your employer. Claims against companies other than your employer follow different rules.

Protect the evidence

1. Report the fall to your supervisor in writing. Texas law requires an injured employee, or someone acting for the employee, to notify the employer of the injury within 30 days of the injury.
2. Get medical care and say the injury happened at work.
3. Write down witness names while memories are fresh.
4. If it is safe, photograph the spot, the equipment, and any missing guardrails or protection. Do not take equipment from the site.
5. Ask in writing that the equipment and site records be kept.
6. Keep pay stubs and copies of every form you are given.

Two different clocks

A workers’ compensation claim must be filed with the Division of Workers’ Compensation within one year after the injury. A lawsuit against someone other than your employer is separate. A Texas personal injury lawsuit generally must be filed within two years after the cause of action accrues.

Do not sign too fast

You may be asked for a statement or to sign a form. Read first. Ask a lawyer before you sign anything that says what happened or gives up a right.

Hurt in a fall at work? Contact Leatherwood & Schindler, PLLC today.

If you or someone you love was injured or killed because of someone else’s carelessness, talk with attorneys Hogan Leatherwood and Claire Schindler at Leatherwood & Schindler, PLLC today to discuss your personal injury case. Call us toll-free at (877) 664-6665 or visit lstrial.com. Every consultation with any lawyer at Leatherwood & Schindler is free and confidential.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case is different, and past outcomes do not guarantee a similar result. Sending us a message does not by itself mean we represent you; please do not send confidential details until we confirm that we can discuss your matter. Attorneys responsible for this content: Hogan Leatherwood and Claire Schindler, Leatherwood & Schindler, PLLC, 2000 West Loop S., Suite 2200, Houston, Texas 77027.