San Antonio Scaffolding Injury Attorney

San Antonio, TX Scaffolding Accident Attorney Michael Grossman Discusses Your Options Following a Scaffolding Injury on the Job Site

Construction work is often very dangerous, particularly accidents involving scaffolding. If you have been hurt, or worse, someone you love has died, in a scaffolding accident, you need someone you can turn to, someone who can answer your questions, and help you seek justice.

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San Antonio scaffolding accident attorney Michael Grossman is here for you. Scaffolding accidents can take a number of shapes, but most commonly, a worker falls from scaffolding, or is injured when scaffolding collapses (either because he or she was working on the scaffolding or was standing near it). Construction accidents in general take place on a unique legal landscape, and scaffolding accidents are even more technical than most construction accidents. But our attorneys are here to explain your options in a straightforward, clear manner, so that you can make the best decision for you and your family.


Construction Accident Case Challenges in General

Over the years, the laws governing construction accidents have changed dramatically. Construction accident cases are now highly technical endeavors. Tort reform in Texas has divided construction accident cases into two categories:

  • Cases where a worker is hurt while employed by a company that subscribes to workers’ compensation insurance (a subscriber case)
  • Cases where a worker is hurt while employed by a company that does not subscribe to workers’ compensation insurance (a non-subscriber case)

The category in which your case falls determines how your case should be approached, what type of attorney you need, what sort of compensation you can recover, who is eligible to recover it, and numerous other elements of your case.


How Does Workers’ Compensation Insurance Affect the Specifics of my Case? What Exactly is Workers’ Compensation Insurance?

In 1993, the Texas Workers’ Compensation Act was enacted in order to protect employers from lawsuits. That’s right: workers’ compensation protects employers, not workers. It essentially provides legal immunity to an employer. A person injured while working for a company with workers’ compensation insurance cannot file a personal injury lawsuit. But that employee is guaranteed some compensation, which (in theory) covers his or her medical expenses and a portion of his or her lost income, up to $600 per week. In almost all cases, an employee injured on the job while working for an employer with workers’ compensation insurance is not able to file a lawsuit.


How is my Situation Different if my Employer Does not Subscribe to Workers’ Compensation Insurance?

Typically, being injured while working for a non-subscriber is better than being injured while working for a subscriber. In the construction industry in particular, it is common for companies not to have workers’ compensation insurance. This is partly because, due to often unsafe working conditions, workers’ compensation insurance is very expensive for construction companies. In cases where a worker is hurt while working for a non-subscriber, he or she can file a lawsuit. There are no limits on how much money an injured victim can receive.

But non-subscriber cases have their own legal challenges. Non-subscribers do not have the inherent legal defense available to subscribers, so non-subscribers will often hire defense attorneys who focus solely on protecting non-subscribers in construction injury cases. Without an innate legal defense available to them, these defense lawyers focus on one task: building a case against you. They will do everything in their power to convince a judge or jury that you are reckless, incompetent, and that your injuries were caused by your own errors. Unfortunately, they are often successful when victims try to represent themselves. Due to the highly technical nature of construction accident cases, defense attorneys can often get construction companies off the hook based on some obscure technicality. But our experienced attorneys can insulate you from these tactics. We have gone up against these defense lawyers hundreds of times, and we have seen every trick they can pull. We can help make sure that you are not blamed for your own injuries.

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Why Would a Company Choose not to Subscribe to Workers’ Compensation Insurance, Given all the Benefits it Brings?

To put it simply, many construction companies think that they have beaten the system. On the surface, Texas law does not hold employers liable for the safety of contract workers, freelancers, or other non-conventional employees. Due to this narrow understanding of the law, many construction companies will hire almost exclusively contractors and freelancers, and then not subscribe to workers’ compensation insurance, thinking that they are then immune to lawsuits without having to pay any fees.

Thankfully for you, they are incorrect. While it is true that many victims who try to represent themselves can fall prey to this strategy, our attorneys have a broad understanding of the law, and we can use case law to build a strong case for you, even if you were originally hired as a contractor. Certain conditions in your working relationship can cause you to be considered an employee from a legal standpoint, even if you were hired as a contractor and your employer considers you a contractor. Our attorneys can quickly examine your situation and determine whether or not you can file a lawsuit as an employee. We have helped many people who thought they were contractors but were actually employees, in addition to helping people who thought they had subscriber cases, when in fact, their employer had no workers’ compensation insurance at all. Our attorneys can tell you exactly the situation you are in and what options you have available.


How are Scaffolding Accidents Unique?

Most scaffolding setups are assembled or provided by a third-party company, not the construction company itself. This means that, if you are hurt in a scaffolding accident, even if you are not eligible to file a lawsuit against your employer, you may be able to seek compensation from the scaffolding company. This type of claim would be filed independently of any interaction you had with the construction company, meaning that you could receive a settlement from the scaffolding company in addition to a personal injury settlement from the construction company or a workers’ compensation claim.


Let Our Attorneys Help

We have twenty years of experience helping people injured in scaffolding accidents. Whenever we take a case, we lock down the accident scene so that the physical evidence is left intact. Then we conduct a thorough investigation to determine exactly what happened and who is liable. We then build a case against all possible defendants, so that you can receive the full amount of compensation that you are owed. Unlike many other law firms, we will not turn down your case just because you are a contractor. We have a broad understanding of construction accident law, and we can tell you exactly which options are available to you. We are dedicated to doing whatever we can to help you secure the justice you deserve and the financial compensation you need. So if you or a family member has been injured in a scaffolding accident, contact San Antonio scaffolding accident attorney Michael Grossman today.


Some of Our Most Recent Successful Cases
$550,000.00 Recovery - Workplace Accident (Closed-Head Injury)
A painter fell from an apartment balcony resulting in a closed-head injury and other minor bodily injuries. The case was successfully resolved through litigation against the plaintiff's employer and the general contractor.
Total Recovery:
$550,000.00
Attorney Fees:
$220,000.00
Litigation Expenses:
$20,465.00
$300,000.00 Recovery - Commercial Vehicle Accident / Work Injury (Facial Fractures and Head Trauma)
A loading dock worker suffered serious including numerous facial fractures and minor brain trauma when an 18-wheeler back into him, crushing him against the loading dock. The plaintiff's employer was a subscriber to Texas Workers' Compensation coverage, thus a claim was rightly filed against the third party trucking company whom the truck driver operating the reversing 18-wheeler worked for.

The plaintiffs asserted the position that the trucking company in question was liable on the basis of respondeat superior and negligent retention. The defendants argued that the plaintiff was the sole proximate cause of his injuries by virtue of the plaintiff putting himself in harms way. They maintained that the plaintiff simply walked behind the reversing tractor trailer as it pushed back toward the loading dock.

It was later determined through deposition testimony that the truck driver had indeed instructed the plaintiff to stand behind the trailer in order to determine the vehicle's proximity to the dock. Once this fact came to light, the defendants agreed to mediate whereby the case was satisfactorily settled.
Total Recovery:
$300,000.00
Attorney Fees:
$120,000.00
Litigation Expenses:
$9,807.00
$75,000.00 Recovery - Workplace Accident (Soft-Tissue Injuries)
Recovery for worker who suffered soft tissue injuries when his fork lift was struck by a delivery truck.
Total Recovery:
$75,000.00
Attorney Fees:
$25,000.00
Litigation Expenses:
$350.00
Confidential Recovery - Wrongful Death / Workplace Accident
Major freight train company sued as the result of an incident which claimed the life of an employee. Our attorneys settled the case outside of court for a confidential amount.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$1,010,000.00 Recovery - Workplace Accident (Hand Lacerations)
A young worker was negligently trained to operate a piece of machinery. During a routine cleaning procedure, he suffered a serious hand injury consisting of numerous deep lacerations across his palm. The defendants claimed that he was a contract laborer and therefore owed no legal duty. Through litigation, our attorneys showed evidence to establish an employer-employee relationship thereby creating a non-subscriber work injury cause of action.
Total Recovery:
$1,010,000.00
Attorney Fees:
$333,300.00
Litigation Expenses:
$50,000.00
$226,000.00 Recovery - Workplace Accident (Shoulder Injury Requiring Surgery)
Our attorneys were hired by a delivery driver who sustained a serious shoulder injury when a worker for a third party negligently operated a fork lift. The accident occurred as the plaintiff delivered a load of hay bails to a commercial farm.

An employee of said facility attempted to unload the trailer with a forklift. In doing so, he pushed several bales of hay off of the flatbed, over the side opposite the forklift. Consequently, several of the 400 lb (est.) bales of hay struck the plaintiff who was working to disconnect tie downs on the opposite side of the trailer. This resulted in serious injury to the plaintiff's shoulder.

The defendants took an aggressive stance and denied the claim, asserting that the plaintiff was the sole proximate cause of his own injuries by virtue of the fact that he was standing in a known dangerous area. Suit was filed soon thereafter. Our attorneys argued that the plaintiff's ordinary work duties, and indeed the normal protocol for all flatbed delivery drivers, consists of letting loose the materials to be unloaded. We maintained that the true cause of the plaintiff's injuries was that the forklift operator rushed into unloading the trailer.

Furthermore, the manner in which he unloaded the trailer was itself a contributing element of the defendant's negligence. The forks that were incorporated into the forklift in question were not compatible with stabbing hay bails; they were ordinary forks that were designed to be positioned below a heavy object that was to be lifted. The case was successfully resolved in mediation.
Total Recovery:
$226,000.00
Attorney Fees:
$84,000.00
Litigation Expenses:
$5,500.00
$1,450,000.00 Recovery - Commercial Vehicle Accident (Brain Injury)
Our firm was hired by a delivery driver who suffered a closed head injury resulting in the permanent loss of smell in a head-on accident. The incident occurred as the driver of an 18-wheeler lost control of his vehicle and veered into oncoming traffic. Our client's delivery vehicle was struck head-on, causing massive damage to both vehicles.

Our client was taken to an area hospital where he was treated for minor bodily injuries and a closed head injury which originally manifested itself as a concussion and temporary memory loss.

Suit was filed against the defendants following their failure to respond to our correspondence in a timely manner and litigation began. Included in the suit were both the defendant truck driver and his employer. The results of our investigation and the physical evidence from the accident scene made it apparent that the defendants had indeed caused the accident. Defense counsel soon conceded liability
Total Recovery:
$1,450,000.00
Attorney Fees:
$560,000.00
Litigation Expenses:
$31,410.00
$700,000.00 Recovery - Commercial Vehicle Accident / Work Injury (Fractured Pelvis, Other Internal Injuries)
A loading dock employee suffered a fractured and damage to internal organs as the result of a crushing injury sustained when an 18-wheeler backed into him and crushed him between the trailer and loading dock.
Total Recovery:
$700,000.00
Attorney Fees:
$175,000.00
Litigation Expenses:
$1,084.00
$335,000.00 Recovery - Wrongful Death/ Commercial Vehicle Accident
The mother of a young man hired our firm to investigate the death of her son following a fatal car accident. The incident occurred as one of the two vehicles involved ran a red light and drive into the path of the other. The defendant was driving a work vehicle for a construction company. The defendant survived the accident and stated to police that the decedent caused the accident. The police could not conclusively determine who was at fault, yet the police report strongly implied that the decedent was likely at fault based on the statement provided by the defendant.

The plaintiff's mother was not convinced. Through a thorough investigation, we ultimately determined that the stoplight that the defendant claimed that our client ran, in fact, worked on a timer whereby the light was always green between certain hours unless a vehicle traveling on the intersecting road had been stopped at the right light for more than 30 seconds. Based on an analysis of the vehicles and tire markings, it was conclusively determined that both vehicles were traveling at the speed limit, which clearly indicates that the defendant driver had not accelerated from stop, rather, he was traveling at the speed limit, which would not have triggered a green light for the defendant.

The logical implications of this information is that the light could not have been red for the plaintiff, and it certainly would have been red for the defendant. As a consequence of this information, the case was resolved through litigation.
Total Recovery:
$335,000.00
Attorney Fees:
$134,000.00
Litigation Expenses:
$63,000.00
$150,000.00 Recovery - Wrongful Death / Workplace Accident
(policy limits) Recovery of a disputed life insurance policy for the family of a contractor who died on the job.
Total Recovery:
$150,000.00
Attorney Fees:
$50,000.00
Litigation Expenses:
$341.00

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