By: Jazmin Ballesteros
Scaffolding Collapse on Main St and Rusk
On Jan 30th, 2025 a construction accident occurred at the intersection of Main Street and Rusk. The incident involved a scaffolding collapse after a concrete section being worked on from a higher floor unexpectedly fell, causing the scaffold to break. One worker on the scene was injured in the accident and was promptly taken to the hospital. Authorities reported that the worker is in stable condition. At this time, the name of the worker has not been disclosed. Arch-Con Corporation, the company responsible for the construction site, has not yet released a statement regarding the incident.
Determining Liability for a Construction Accident
When an employer provides workers’ compensation insurance, liability is typically not a concern. Workers’ compensation operates on a no-fault basis, meaning you do not need to prove fault to receive benefits.
In Texas, employers are not required to carry workers’ compensation insurance. If your employer lacks coverage, you must establish fault to secure compensation.
Various entities can be held responsible in a construction accident, including:
Your Employer
If an employer opts out of workers’ comp, workers can file a lawsuit. To secure compensation, you must demonstrate employer negligence, such as:
- Inadequate training on equipment
- Failure to supply safety gear
- Lax supervision
- Poor maintenance of machinery
- Disregarding safety regulations
Contractors and Third Parties
Construction projects often involve numerous workers and companies. Negligence by a general contractor or another responsible party can cause accidents, such as using low-quality materials or insufficient supervision.
Property Owners
Occasionally, the property owner oversees the work. If you are injured and the owner’s negligence created unsafe conditions, you may have a claim.
Product Manufacturers
Faulty equipment, such as tools or scaffolding, can lead to serious accidents. A lawyer can trace the defect’s origin within the supply chain and ensure accountability across multiple parties.
Navigating liability in construction accident cases can be complex. If you’ve been injured or experienced the loss of a loved one on the job, focusing on recovery rather than conducting an investigation should be your priority.
Houston Injury Lawyers are dedicated to supporting you. We conduct thorough investigations, determine those at fault, and develop strategies to hold them accountable. Our goal is to ensure our clients receive the compensation they deserve.
What to Do After a Construction Accident
Experiencing a construction accident can be overwhelming, but your health and safety must come first. While documenting the scene and speaking to witnesses is helpful, prioritize getting medical attention immediately. In Texas, here’s what to do:
- Seek Medical Attention: Never ignore an injury—call 911 or visit the ER promptly.
- Report the Accident: Notify your employer within 30 days, preferably in writing.
- Follow Workers’ Compensation Steps: If your employer has workers’ comp, look out for documents from the Division of Workers’ Compensation (DWC) and complete all necessary forms, like DWC Form-041.
- Attend Medical Appointments: Stay consistent with doctor visits, as benefits rely on documented care.
- Consult a Houston Injury Lawyer: For serious injuries or denied claims, an attorney can help you secure the benefits you deserve. If your employer lacks workers’ comp insurance, you may also need legal guidance to explore your right to sue.
If you have further questions, Houston Injury Lawyers can help ensure you’re fully informed about your options.
