Pump jacks are commonly used in the construction industry in Texas for a range of tasks, including framing, roofing, siding installation, and other high-reaching jobs. These mechanical devices consist of a platform that can be raised and lowered using a system of pulleys, cables, and a hand-cranked winch. While pump jacks are essential for many construction projects, they can also pose significant safety risks to construction workers if not used properly.
These mechanical devices, often used for elevated tasks, pose a danger due to the potential for falls from heights, platform instability, overloading, inadequate training, and neglect of maintenance. The absence of proper fall protection, insufficient supervision, and exposure to electrical hazards further compound these risks.
Strict adherence to safety regulations on Texas construction sites can foster a workplace environment that puts the worker well-being above all other considerations and minimizes the peril associated with pump jack operations.
If you or a loved one has suffered injuries in a pump jack accident, you deserve the strongest legal support to protect your rights. Empower your recovery and secure your financial future after a pump jack accident by entrusting your case to Miller Weisbrod Olesky. Our Texas pump jack accident lawyers have a proven record of multi-million dollar settlements and verdicts, which makes us the top choice for personal injury cases in Texas. Reach out to us today for a free consultation. There will never be a fee unless and until we receive a successful money settlement for your injuries and losses.
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.
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
How Does a Pump Jack Work on a Construction Site in Texas?
A pump jack, also known as a scaffold jack or ladder jack, is a mechanical device used on construction sites to support elevated platforms for various tasks. Its mechanics are relatively simple and consist of the following key components and principles:
Platform
The pump jack system typically includes a work platform, often made of wood or metal, where construction workers stand or place materials while working at elevated heights. This platform is supported by one or more pump jacks.
Pump Jacks
The main components of a pump jack are two vertical posts, one on each side of the platform. These posts have notches or brackets that allow them to hold the platform securely. The pump jack system can include one or more pairs of these vertical posts, depending on the length and weight capacity needed for the platform.
Cables and Pulleys
Pump jacks rely on a system of cables and pulleys to raise and lower the platform. These cables are typically made of steel and are threaded through pulleys at the top of the vertical posts. One end of the cable is attached to the platform, while the other end is connected to a hand-cranked winch or a power winch, depending on the type of pump jack.
Winch Mechanism
In manual pump jacks, a hand-cranked winch is used to raise and lower the platform. Construction workers turn the winch handle to wind up the cable, which lifts the platform. In some cases, motorized winches are used to automate this process, making it faster and easier to adjust the platform's height.
Safety Locks
Many pump jacks are equipped with safety locks or pins that engage with the notches or brackets on the vertical posts. These locks provide added security and prevent accidental lowering of the platform.
Steps Involved in the Operation of a Pump Jack
Setup: The pump jack is typically attached to a vertical support structure, such as a scaffold frame or ladder. It is essential to ensure that the pump jack is securely attached and stable before use.
Platform Height Adjustment: Construction workers use the winch to adjust the height of the platform to the desired level. As they crank the winch handle (or operate the motorized winch), the cables wind or unwind around the pulleys, lifting or lowering the platform accordingly.
Work: Construction workers perform their tasks on the platform at the required height, which can vary depending on the specific construction job.
Lowering: When the task is completed, workers release the winch or power source, allowing the platform to lower gently. The safety locks engage with the notches or brackets on the vertical posts to secure the platform in place.
It is vital to use pump jacks in accordance with safety guidelines and regulations to prevent accidents and injuries on construction sites in Texas. If you have suffered injuries in a construction site accident, our Texas pump jack accident lawyers at Miller Weisbrod Olesky are ready to represent you on a no-win-no-fee basis and will do what it takes to recover the maximum damages you are entitled to.
How Can Pump Jacks Endanger the Lives of Construction Workers in Texas?
Pump jacks, while valuable tools in the construction industry, can pose significant dangers to the lives of construction workers in Texas if there is negligence on part of the general contractors, subcontractors, property owners, pump jack manufacturers, repair and maintenance providers or other parties. Here are several ways in which pump jacks can endanger the lives of construction workers in Texas:
Falls from Heights When Using Pump Jacks
Falls from heights, especially when using pump jacks or similar equipment, are a significant concern in the construction industry. The Occupational Safety and Health Administration (OSHA) in the United States has specific standards and regulations in place to address fall protection. When it comes to pump jack usage, several OSHA standards may be relevant, including:
29 CFR 1926.451 - General Requirements for Scaffolds: This standard provides requirements for scaffold systems, including those involving pump jacks.
29 CFR Subpart L, Section 451(e) - This section requires that scaffolds and their components are capable of supporting their own weight and at least four times the maximum intended load without failure.
29 CFR Subpart L, Section 451(g) - Workers on pump jack scaffolds must be protected by guardrails and/or personal fall arrest systems to prevent falls.
29 CFR 1926.502 - Fall Protection Systems Criteria and Practices: This standard outlines the criteria and practices for fall protection systems, including personal fall arrest systems (PFAS), which may be used when working on pump jacks.
Employers and general contractors in the construction industry in Texas are responsible for ensuring compliance with OSHA standards related to fall protection when using pump jacks or any elevated work platforms. If you have been injured or someone you love lost their life in a pump jack accident, you should get in touch with the seasoned Texas pump accident attorneys at Miller Weisbrod Olesky to pursue the largest possible claim for financial compensation from all the negligent parties involved.
Pump Jack Instability Can Lead to Accidents and Injuries
Instability when using pump jacks or any scaffolding system is a significant safety concern in the Texas construction industry. Ensuring the stability of pump jacks is crucial to prevent accidents and injuries. While OSHA doesn't have a specific standard solely addressing the stability of pump jacks, there are several OSHA standards and guidelines that are relevant to ensuring the stability and safety of scaffold systems, including pump jacks:
29 CFR 1926.451 - General Requirements for Scaffolds: This OSHA standard provides general requirements for scaffolding systems, including pump jacks.
29 CFR 1926.452 - Additional Requirements for Scaffolds: This standard provides additional requirements for various types of scaffolds, including pump jacks.
29 CFR Subpart L, Section 452(c): The standard provides guidelines for the use of pump jacks, including their installation, bracing, and attachment to the structure.
29 CFR Subpart L, Section 452(g): Scaffold components and materials must not be modified or used in any way that affects their structural integrity.
How Negligence May Cause Instability-related Pump Jack Accidents
Instability-related accidents involving pump jacks can occur due to various causes, and the negligence of both general contractors and subcontractors can contribute to these accidents. Here are some common causes of instability and how negligence can lead to pump jack accidents and injuries:
Improper Setup and Installation
Pump jacks must be set up and installed correctly to ensure stability. Negligence during setup, such as failing to secure the vertical posts properly, not leveling the scaffold, or not following the manufacturer's instructions, can lead to instability. General contractors and subcontractors must ensure that trained and competent personnel are responsible for the setup and installation of pump jacks.
Lack of Adequate Bracing
Bracing is essential to stabilize pump jacks. If the scaffold lacks proper bracing or if bracing is not adequately secured, it can become unstable. Negligence in ensuring the proper bracing of pump jacks can result in accidents. General contractors and subcontractors should regularly inspect and maintain bracing components.
Pump Jack Overloading
Pump jacks have weight limits, and exceeding these limits can lead to instability and collapse. Negligence by workers or supervisors who overload the platform with excessive weight, materials, or equipment can cause accidents. Contractors must provide training to workers on weight limits and enforce safe loading practices.
Inadequate Inspections and Maintenance
Neglecting to conduct regular inspections and maintenance of pump jack systems can result in deteriorated or damaged components that compromise stability. Both general contractors and subcontractors have a responsibility to ensure that equipment is in good working condition, and they should have a system in place for routine inspections and maintenance.
Inadequate Training
Workers who are not adequately trained in the proper use of pump jacks and scaffold safety may inadvertently contribute to instability-related accidents. Negligence in providing comprehensive training on scaffold usage, including pump jacks, can lead to unsafe practices and accidents.
Lack of Supervision
Inadequate supervision on construction sites can result in workers taking shortcuts or not following safety protocols, which can contribute to instability-related accidents involving pump jacks. General contractors and subcontractors should ensure that competent individuals are supervising work involving elevated platforms.
Failure to Comply with OSHA Standards
Neglecting to comply with OSHA standards and guidelines related to scaffold safety, as discussed in previous responses, can significantly increase the risk of instability-related accidents. Both general contractors and subcontractors are responsible for ensuring compliance with these standards.
If you or someone you love has been injured in a pump jack accident in Texas, it's time to hold the negligent parties accountable. Turn to the experienced team of Texas pump jack accident attorneys at Miller Weisbrod Olesky who are committed to seeking justice and maximum compensation on your behalf.
Overloading of the Pump Jack Can Lead to Catastrophic Injuries
Overloading of a pump jack, which involves exceeding their weight capacity, is a critical safety concern in the construction industry in Texas. OSHA has established relevant standards to address this issue. The OSHA standard specifically applicable to the weight capacity and overloading of pump jacks is found in:
29 CFR 1926.451 - General Requirements for Scaffolds
Subpart L, Section 451(a): This section states that scaffolds and scaffold components must be capable of supporting their own weight and at least four times the maximum intended load without failure. This load includes the weight of workers, materials, and equipment that will be placed on the scaffold.
The OSHA standard is clear that exceeding the scaffold's weight capacity, including pump jacks, can lead to structural failure, instability, and dangerous accidents. Therefore, it is vital for supervisors to be aware of the weight limits specified by the manufacturer for the specific pump jack system in use and to strictly adhere to those limits.
Negligence of the general contractors, subcontractors and third parties in this regard, such as overloading a pump jack with excessive weight or materials, can lead to catastrophic accidents, including collapses and falls from heights, with potentially life-threatening consequences.
How Negligence Causes Over-Loading in Pump-Jack Accidents
Overloading-related pump jack accidents in Texas can result from various causes, and the negligence of both general contractors and subcontractors can contribute to these accidents and injuries. Here are some common causes of overloading and how negligence can lead to overloading-related pump jack accidents:
Lack of Load Awareness: Workers and supervisors may not be aware of the weight limits specified by the manufacturer for the specific pump jack system in use. Negligence in educating workers about these limits can lead to unintentional overloading.
Inadequate Training: Insufficient training on safe loading practices and the importance of adhering to weight limits can lead to overloading accidents. Neglecting to provide comprehensive training on pump jack usage and safety can be a form of negligence.
Pressure to Meet Deadlines: General contractors or subcontractors may exert pressure on workers to complete tasks quickly, which can lead to cutting corners and overloading pump jacks with materials or equipment to save time. This type of pressure can contribute to negligence in adhering to weight limits.
Failure to Monitor Loads: Negligence in monitoring and supervising the loading of pump jacks can result in overloading accidents. Supervisors and competent persons should ensure that loads do not exceed specified limits.
Inadequate Communication: Lack of communication between workers and supervisors regarding the weight of materials and equipment being placed on pump jacks can lead to unintentional overloading.
Defective or Damaged Equipment: Neglecting to inspect and maintain pump jack systems can result in damaged or weakened components. This can lower the equipment's weight capacity, making it more susceptible to overloading accidents.
Lack of Written Procedures: Failure to establish written procedures and guidelines for loading pump jacks can contribute to inconsistent practices and the potential for overloading.
Improper Equipment: Using pump jacks that are not suitable for the intended load or task can result in overloading accidents. Contractors must provide appropriate equipment for the job.
Ignoring Manufacturer Recommendations: Neglecting to follow the manufacturer's recommendations and guidelines for the safe use and weight capacity of pump jack systems can be considered negligence.
Poor Supervision: Insufficient supervision on construction sites may result in workers making decisions regarding loading without oversight, increasing the risk of overloading.
Negligence by general contractors and subcontractors as well as third parties in any of these areas can contribute to overloading-related pump jack accidents, potentially leading to structural failures, collapses, and falls from heights, which can cause severe injuries or fatalities.
The experienced pump jack accident lawyers at Miller Weisbrod Olesky are committed to protecting your right to maximum compensation for your injuries and losses. We have the skills and resources to take on powerful defendants and large insurance carriers and obtain the rightful damages on your behalf through settlement or a court trial.
Negligent Inspection and Maintenance of the Pump Jack
Negligent inspection and maintenance of pump jacks can lead to unsafe working conditions and potential accidents on construction sites. Proper maintenance is essential to ensure that pump jacks operate safely and efficiently. OSHA standards relevant to inspection and maintenance of pump jacks include:
29 CFR 1926.451 - General Requirements for Scaffolds: This OSHA standard provides general requirements for scaffold systems, including pump jacks.
29 CFR 1926.451(f)(3) - Scaffold Inspection: This section mandates that scaffolds and scaffold components, including pump jacks, should be inspected for visible defects by a competent person before each work shift. Neglecting regular inspections can result in missed maintenance needs and unsafe working conditions.
Several causes contribute to the negligence surrounding inspection and maintenance, often involving general contractors and subcontractors:
Lack of Awareness: General contractors and subcontractors may not fully understand the importance of regular inspection and maintenance for pump jacks, leading to unintentional negligence.
Budget Constraints: Budget limitations can result in decisions to cut corners on maintenance and inspection efforts to save costs, compromising worker safety.
Time Pressure: Tight project schedules can lead to the prioritization of immediate tasks over routine maintenance and inspections, causing negligence.
Failure to Designate Responsibility: Lack of a designated person or team responsible for pump jack inspection and maintenance can result in neglect as no one is held accountable.
Inadequate Training: Workers may not be adequately trained on the significance of inspection and maintenance or the specific procedures for pump jacks, leading to unintentional negligence.
Ineffective Communication: Poor communication between workers and supervisors regarding the need for inspection and maintenance can lead to neglecting these critical tasks.
Shortage of Resources: A shortage of resources, such as tools and spare parts, may prevent proper maintenance and inspections from taking place.
Over-reliance on Equipment Age: Some contractors may assume that newer pump jacks are less likely to require maintenance, leading to negligence in inspecting and maintaining even new equipment.
Negligence by general contractors, subcontractors or third parties in any of these areas can contribute to inspection and maintenance-related pump jack accidents, potentially resulting in equipment malfunction, structural failures, and accidents such as falls from heights, which can cause severe injuries or fatalities.
Negligent Supervision Can Lead to Pump Jack Accidents
Negligent supervision in the context of pump jacks and other construction equipment refers to a lack of adequate oversight and control by supervisors or competent individuals responsible for ensuring safe operations. Relevant OSHA standards include:
29 CFR 1926.20(b)(2): General Safety and Health Provisions: This standard focuses on the responsibilities of employers and their representatives regarding the safety and health of workers. It indirectly emphasizes the importance of competent supervision:
Subpart C, Section 1926.20(b)(2): Employers must provide competent supervision to ensure that employees are not exposed to recognized hazards.
Negligent supervision, in the context of pump jacks and scaffold systems, can manifest in various ways:
Failing to designate a competent person to oversee scaffold activities, including pump jack setup, operation, and maintenance.
Appointing individuals without adequate training or knowledge to supervise scaffold work.
Inadequate monitoring of workers to ensure compliance with safety protocols and guidelines during pump jack operations.
Lack of communication between supervisors and workers regarding the safe use of pump jacks.
Failure to promptly address and correct safety violations and hazards related to pump jacks.
Understaffing and high worker-to-supervisor ratios can make it challenging for supervisors to provide adequate oversight and address safety concerns promptly, leading to negligent supervision. Moreover, general contractors and subcontractors may enforce unrealistic project timelines that compromise safety and lead to rushed decisions and inadequate supervision.
Miller Weisbrod Olesky, the leading pump jack accident attorneys in Texas, are dedicated to serving the rights and well-being of construction workers who have faced injuries and hardships due to pump jack accidents. If you or a loved one has suffered injuries due to a pump jack accident, we are here to provide you with the highest level of legal representation. Contact Miller Weisbrod Olesky today, and let us champion your cause, obtain the compensation you rightfully deserve, and help you rebuild your life with dignity and financial security.
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.
