Construction sites in Texas are busy hubs of activity, where workers operate under harsh and hazardous conditions to bring architectural visions to life. Amid the maze of cranes, heavy equipment, concrete, and steel, scaffolding provides workers with safe access to elevated work areas. But the very structures meant to accelerate progress can become the source of danger when safety measures are compromised.
Our client was left paralyzed when a masonry subcontractor built a dangerous scaffolding system on a Texas construction site. The scaffolding collapsed, causing our client to fall from the scaffolding breaking his spine and leaving him paralyzed. Our firm was hired quickly after the scaffolding accident and our evidence recovery team were able to obtain photographs taken by the general contractor days before the collapse showing the poor condition of the scaffolding components that should have been “red tagged” and taken out of service. After fighting the defense and insurance companies, our firm obtained a $5,000,000 settlement that provided our client with life time medical and wage replacement for his injuries.
This is my first time needing a law firm and I can’t think of anyone better, they were extremely courteous, and determined to get me exactly what I am owed. I can’t thank them enough for what they have done for me they really do care when it comes to their clients!
Ryan
Miller Weisbrod Olesky Client
Research into the Causes of Scaffolding Accidents at Construction Sites
The research report titled "Causes of Accidents Involving Scaffolding at Construction Sites" by Nor Haslinda et al. (2020) investigates the main causes of accidents related to scaffolding at construction sites. The study aimed to identify the factors contributing to scaffolding accidents and provides insights for construction employers and general contractors to enhance safety measures. The research involved distributing questionnaires to construction safety personnel working at construction sites. The findings of the study are categorized into technical factors, human factors, organizational factors, and organizational factors.
Technical Factors
Improper Foundation/Stability: Scaffold collapses often occur due to inadequate foundation stability. Uneven surfaces and inadequate base plates contribute to scaffold instability.
Failures at Attachment Points and Parts: Weak scaffold support components and lack of guardrails can lead to scaffold failure. Proper support structures and guardrails are essential for scaffold stability.
Inadequate Fall Protection: Missing guardrails and insufficient cross bracing are common causes of falls from supported scaffolds. Compliance with fall protection regulations is crucial to prevent such scaffold collapse accidents.
Unsafe Structure Design: Inaccurate scaffold design, especially when not following professional engineer's designs, can lead to scaffold collapses.
Overloaded Scaffolding Platforms: Excessive loading on scaffolds, often due to modifications without engineering consultation, can result in scaffold failure.
Incompetent Erector: Improper scaffold installation by unskilled workers leads to structural deficiencies and decreased load capacity.
Insecure or Non-Existent Bracing: Inadequate bracing affects scaffold stability. Proper bracing and strut placement are crucial for scaffold integrity to prevent scaffold collapse.
Material Handling: Improper handling and storage of construction materials can lead to injuries and additional costs.
The superintendent for the general contractor knew about the OSHA regulated industry standard and claimed that the siding contractors were always tied off when on the pump jacks (that did not have proper guardrails). Our clients claimed they were never issued harnesses and there were no hard points for lifeline tethering connection on the roof of the apartments. They had been working for three weeks when their platform became unstable (due to inadequate bracing) causing them to fall over the side. One client suffered several orthopedic fractures, and the other suffered a broken spinal cord leaving him permanently paralyzed.
Human Factors
Insufficient or Lack of On-the-Job Training: Unskilled workers and new employees without proper training are at higher risk of accidents.
Improper Use of Personal Protective Equipment (PPE): Neglecting to use proper PPE increases the risk of serious injuries (like spinal cord injury and traumatic brain injury)during a scaffolding collapse accident.
Ignoring Safety Rules: Non-compliance with safety regulations and procedures can lead to scaffold accidents.
Organizational Factors
No Safe Work Procedure: Absence of standardized safety procedures increases the risk of accidents on scaffolds.
Lack of Monitoring by Site Supervisor: Inadequate supervision may lead to unsafe practices on construction sites.
Communication Problem/Break Down: Poor communication between stakeholders can result in misunderstandings and accidents.
Improper Inspections: Neglecting proper inspection of scaffolds and structures can lead to unsafe conditions.
Environmental Factors
Weak/Defective Planking: Faulty plank assembly can cause instability and accidents on scaffolds.
Changing Environmental Conditions: Adverse weather conditions like rain and wind can create hazardous situations on scaffolds.
The study highlights the importance of addressing these factors to enhance safety in the construction industry, particularly in relation to scaffolding accidents. It emphasizes the need for proper training, compliance with safety regulations, effective communication, and thorough inspections to prevent accidents and ensure worker safety.
Our dedicated Texas scaffolding collapse lawyers at Miller Weisbrod Olesky have the skills and resources to thoroughly investigate your accident, determine what caused the scaffolding collapse that led to your injuries, and hold the negligent parties liable for the highest possible damages on your behalf.
Causes of Scaffolding Collapses at Construction Sites in Texas
One of the leading causes of scaffolding collapses on Texas construction sites is poor construction and assembly practices. When scaffolding is not assembled correctly or according to the manufacturer's guidelines and engineering specifications, its structural integrity becomes compromised, leading to potential collapse. This issue underscores the critical importance of precise assembly techniques and adherence to established safety standards to ensure the safety of workers and the overall stability of the construction site.
Contributing Factors:
Inaccurate Assembly: Incorrectly connecting scaffolding components, omitting crucial parts, or mismatching components can weaken the scaffold's overall stability leading to a scaffolding collapse accident.
Lack of Training: Workers who lack proper training in scaffold assembly may inadvertently make errors during construction, leading to weak points in the structure.
Inadequate Supervision: Lack of proper supervision can result in workers taking shortcuts or neglecting crucial assembly steps, jeopardizing the scaffold's stability.
Communication Gaps: Miscommunication among construction crew members can lead to misunderstanding assembly instructions, potentially resulting in incorrect construction.
Inadequate inspection of scaffolding structures is a significant contributing factor to collapses on construction sites in Texas. Regular and thorough inspections are essential for identifying potential weaknesses, defects, and structural issues that could compromise the stability and safety of the scaffold. Neglecting proper inspection procedures increases the risk of accidents, injuries, and catastrophic collapses, highlighting the importance of vigilance in maintaining scaffold integrity.
Contributing Factors:
Infrequent Inspections: If scaffolding is not inspected regularly, potential defects or wear and tear may go unnoticed, allowing them to worsen over time and eventually lead to collapse.
Superficial Inspections: Quick, surface-level inspections that fail to identify hidden defects or weak points can create a false sense of security while leaving critical issues unresolved.
Lack of Qualified Inspectors: Inspections should be conducted by competent individuals with proper training and expertise in scaffold safety. Unqualified inspectors may overlook important factors that could lead to failure.
Incomplete Inspections: Focusing only on certain parts of the scaffold while neglecting others can result in missed hazards and potential collapse points.
Overloading is a critical factor that can lead to the collapse of scaffolding structures on construction sites. When a scaffold is subjected to excessive weight beyond its intended capacity, its structural integrity is compromised, increasing the risk of failure. Overloading can occur due to the accumulation of materials, equipment, and workers on the scaffold, highlighting the need for careful planning and adherence to weight limits to ensure the safety of both the scaffold and the workers using it.
Contributing Factors:
Excessive Load: Placing more weight on the scaffold than it is designed to support can strain its components and weaken its stability and cause a scaffold collapse.
Unanticipated Load: Failing to consider the combined weight of materials, tools, equipment, and workers can result in overloading, even if individual items are within the scaffold's capacity.
Poor Load Distribution: Unevenly distributing weight across the scaffold can create imbalances and stress points that increase the risk of scaffolding collapse.
Dynamic Loads: Movement of heavy equipment, sudden shifts in weight, or vibrations caused by construction activities can introduce dynamic loads that surpass the scaffold's capacity causing a scaffold accident.
Foundation and base instability pose a significant risk for scaffolding collapses on construction sites in Texas. The foundation and base of a scaffold provide the essential support and stability required to ensure the scaffold's overall integrity. When the foundation is weak, improperly constructed, or inadequately secured, it can lead to shifts, tilts, and collapses that endanger workers' safety. Addressing foundation and base stability is crucial to preventing such accidents and maintaining a secure work environment.
Contributing Factors:
Uneven Ground: Setting up scaffolding on uneven or sloped ground can cause one side of the scaffold to bear more weight, leading to instability and a scaffold accident.
Insufficient Support: If the scaffold's base plates or mud sills are not properly installed or are inadequate for the ground conditions, the scaffold's stability can be compromised causing a scaffold collapse.
Substandard Foundation: Building scaffolds on weak or unstable ground, such as loose soil or areas prone to erosion, can result in foundation shifts and collapses.
Inadequate Anchoring: Neglecting to anchor the scaffold securely to the structure it's leaning against can cause the scaffold to tip or collapse away from the building.
Material defects play a significant role in the potential collapse of scaffolding structures on Texas construction sites. Scaffolds are constructed using various components, including tubes, couplers, boards, and fasteners, and any defects in these materials can compromise the scaffold's strength, stability, and overall safety. Detecting and addressing material defects is essential to preventing scaffold accidents and ensuring the reliability of scaffolding systems.
Contributing Factors:
Substandard Manufacturing: Poor-quality manufacturing processes can lead to weaknesses, inconsistencies, and defects in scaffold components.
Corrosion and Deterioration: Over time, exposure to the elements, moisture, and harsh conditions can cause corrosion, rust, and deterioration in scaffold materials, weakening their structural integrity leading to a scaffold collapse.
Improper Use of Materials: Using materials that do not meet industry standards or are not specifically designed for scaffold construction can lead to unexpected failures.
Inadequate Maintenance: Failing to regularly inspect, maintain, and replace worn or damaged materials can exacerbate defects and compromise scaffold safety.
Weather conditions pose a significant risk for scaffolding collapses on construction sites. Adverse weather, such as strong winds, heavy rain, snow, and ice, can weaken the structure, compromise stability, and lead to catastrophic failures. Managing scaffolding safety in varying weather conditions is crucial to ensuring the well-being of workers and preventing accidents.
Contributing Factors:
Strong Winds: High winds can exert significant lateral forces on scaffolding, causing it to sway, buckle, or collapse.
Heavy Rain: Excessive rain can saturate scaffold materials, increasing their weight and potentially weakening their load-bearing capacity.
Snow and Ice: Accumulation of snow and ice on scaffold components can add weight and alter load distribution, making the structure susceptible to collapse.
Temperature Extremes: Extreme temperatures, whether hot or cold, can affect the strength and integrity of scaffold materials.
The absence of proper fall protection measures is a critical factor contributing to scaffolding collapses on construction sites in Texas. Fall protection systems, such as guardrails, safety nets, and personal fall arrest systems, are essential for preventing workers from falling from scaffolds and ensuring their safety while working at elevated heights. Failure to implement effective fall protection can result in accidents, injuries, and even scaffold collapses.
Contributing Factors:
Unsecured Workers: When workers are not properly secured to the scaffold with appropriate fall protection equipment, the risk of falls and imbalance increases.
Overloading: Workers leaning or hanging on guardrails, counterweights, or scaffold components can lead to overloading and instability.
Improper Use: Incorrect use of fall protection equipment or bypassing safety measures can compromise the integrity of the scaffold and create hazardous conditions.
Inadequate Training: Workers who lack proper training on fall protection procedures may not understand the importance of using safety equipment correctly.
Insufficient training is a significant contributing factor to scaffolding collapses on Texas construction sites. Adequate training is essential to ensure that workers understand the proper assembly, use, inspection, and dismantling of scaffolds. When workers lack the necessary knowledge and skills, they are more likely to make errors that compromise the stability and safety of the scaffold, leading to accidents and collapses.
Contributing Factors:
Inadequate Assembly: Improperly assembled scaffolds, due to lack of training, can lack structural integrity and be more susceptible to collapses.
Incorrect Use: Workers who are not trained to properly use scaffolding components and fall protection systems may inadvertently overload the scaffold, causing it to collapse.
Neglected Inspections: Insufficient training can result in workers neglecting essential scaffold inspections, leading to undetected defects and potential failures.
Unsafe Dismantling: Improper dismantling techniques, caused by lack of training, can weaken scaffold components and compromise their stability.
Modification and unauthorized alterations to scaffolding systems can significantly compromise their structural integrity and lead to collapses on construction sites. Scaffolds are carefully designed and constructed to support specific loads and ensure worker safety. Any changes made without proper authorization or engineering oversight can introduce weaknesses and instability, increasing the risk of accidents.
Contributing Factors:
Structural Integrity: Unauthorized alterations can weaken scaffold components, reducing their load-bearing capacity and making them susceptible to collapse.
Component Compatibility: Modifications may involve using components that are not compatible with the original scaffold design, leading to an unbalanced and unsafe structure.
Overloading: Alterations that increase the load on the scaffold beyond its intended capacity can lead to structural failure and collapses.
Missing or Substituted Components: Unauthorized removal or substitution of scaffold components can disrupt the equilibrium of the system, resulting in instability.
The neglect of ongoing maintenance poses a significant risk for scaffold collapses on construction sites. Scaffolding systems are exposed to various environmental conditions and wear and tear over time, which can lead to deteriorating components, weakened structures, and compromised safety. Failure to conduct regular inspections, repairs, and maintenance activities can result in unforeseen accidents and catastrophic collapses.
Contributing Factors:
Corrosion and Deterioration: Exposure to weather elements like rain, wind, and humidity can cause metal components to corrode and deteriorate, weakening the scaffold's structural integrity.
Loose Connections: Over time, fasteners and connections may become loose due to vibrations and heavy loads, leading to instability and possible collapse.
Material Fatigue: Continuous usage and load-bearing can lead to material fatigue, causing components to weaken and become susceptible to failure.
Unaddressed Damage: Without regular inspections and maintenance, minor damage can go unnoticed and worsen over time, ultimately contributing to collapse.
Communication Breakdown
Communication breakdown among construction teams and stakeholders can lead to misunderstandings, misinterpretations, and ultimately contribute to scaffolding collapses on construction sites. Effective communication is essential to ensure that everyone involved understands the scaffold's design, load capacity, proper usage, and safety protocols. A lack of clear and consistent communication can result in critical errors that compromise the integrity of the scaffold and put workers at risk.
Although OSHA standards do not explicitly address communication breakdown as a separate cause of scaffold collapses, the importance of clear communication is implicit in various standards, including those related to training, inspections, and competent person responsibilities.
Contributing Factors:
Misunderstood Design: If construction workers misunderstand the scaffold's design or assembly instructions, they might inadvertently compromise its stability.
Misinterpreted Load Capacity: Failure to communicate load capacity restrictions can lead to overloading the scaffold, causing structural failures.
Inadequate Training: If workers lack clear instructions on proper scaffold usage and safety procedures, they might unknowingly engage in practices that weaken the structure.
Incomplete Information Sharing: If critical information regarding modifications, alterations, or repairs is not communicated, it can lead to the use of compromised scaffold components.
Time Constraints and Rushed Work
Time constraints and rushed work are common factors that can lead to inadequate scaffold assembly, inspection, and maintenance. When construction projects are pressured to meet deadlines, there's a higher likelihood of overlooking critical safety measures, which can result in scaffold collapses. Rushed work can lead to errors, shortcuts, and compromised structural integrity, putting workers at risk of accidents and injuries.
While OSHA standards do not explicitly address time constraints and rushed work as direct causes of scaffold collapses, they note the importance of proper scaffold assembly, inspection, and maintenance. Rushed work can lead to non-compliance with these standards, thereby increasing the risk of accidents.
Contributing Factors:
Inadequate Assembly: Rushed assembly of scaffolding may lead to skipped steps, improper connections, and inadequate support, compromising the scaffold's stability.
Lack of Inspection: Time constraints might discourage thorough inspections, causing defects or weaknesses to go unnoticed until they escalate into serious problems.
Neglecting Maintenance: When work is rushed, regular maintenance tasks like tightening bolts and replacing worn components may be ignored.
Overloading: In an effort to speed up work, scaffold load limits may be disregarded, leading to overloading and potential collapse.
When scaffolding collapses on a construction site, lives are forever altered. If you or your loved ones have suffered injuries due to a scaffolding collapse in Texas, you deserve justice and rightful compensation. At Miller Weisbrod Olesky, we have the skills, resources, and character to strongly represent construction workers injured in scaffolding collapse accidents. Don't delay your case — reach out to us today for a free and confidential consultation.
The Leader In Construction Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Construction Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding construction companies accountable and achieving multi-million dollar settlements and court verdicts for his clients. Clay has handled construction accident cases in all major cities in Texas and numerous smaller counties. In one recent trial, Clay won a construction accident verdict of $26,500,000 for his client who suffered a spinal cord injury after a construction accident fall.
Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.
Clay is a past president of the Dallas Trial Lawyers’ Association and served as Chair of the Advocates for the Texas Trial Lawyer Association where he continues to serve on the board of directions. Clay is also a member of the elite American Board of Trial Advocates (ABOTA) limited to a select group of trial lawyers who have tried to a jury verdict a significant number of cases and who are recognized for their professionalism.
Clay is regularly invited to speak to Trial Lawyer Groups around Dallas, Houston, San Antonio, Austin, and across the state of Texas on the topics of construction accidents, trial tactics in complex construction cases and techniques to investigate and gather evidence in construction accidents, picking a jury in construction accident cases, as well as how to prepare a winning legal and trial strategy in Construction Accident Cases throughout Texas.
Our construction accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Miller Weisbrod Olesky Texas Construction Accident Lawyers
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay's most recent victories include when general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Construction Accident Attorney, Clay Miller tried the case in Texas, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
