Construction worker up on an aerial lift. | Patrick Daniel Law

Are Employers Liable for Aerial Lift Accidents?

Employers who carry workers’ compensation insurance in Texas are generally shielded from being sued when an employee is injured on the job. If your employer has workers’ comp insurance, you may be able to file a claim to recover benefits for medical expenses and lost wages, regardless of fault.

However, Texas does not require employers to carry workers’ compensation insurance. If your employer is a non-subscriber, under Texas workers’ comp law, you may have the right to pursue a claim directly against them if their negligence caused the accident.

Aerial lifts are heavy equipment that can be dangerous when used improperly. Potential examples of negligence on the part of an employer that can lead to an aerial lift injury include:

Failure to train workers on how to use aerial lifts
Not providing workers with proper safety equipment
Failure to use a fall restraint system or fall arrest system in accordance with OSHA standards
Negligent supervision of workers and activities on the work site
Failure to inspect and maintain the lift

Many workers are unaware of their employer’s workers’ compensation coverage. An attorney can determine if your employer is insured and help you file a claim. If your employer does not carry workers’ comp, your lawyer can inform you of any additional legal options you might have.

Are Contractors Liable for Aerial Lift Accidents?

Contractors and subcontractors are often responsible for the safe operation of aerial lifts on a work site. If their negligence leads to an accident, they may be held liable. Examples of contractor or subcontractor negligence include:

Unsafe raising or lowering of the lift
Tip-over accidents
Failure to secure the lift
Objects falling from the elevated work platform
Allowing poorly trained workers to operate the lift
Negligent maintenance of equipment
Violations of the Aerial Work Platform Standards (ANSI/SAIA A92)

In some cases, aerial lifts may be rented from a dealer or distributor rather than owned outright by a contractor or subcontractor. If the dealer’s negligence—such as failure to perform necessary repairs or neglecting to provide training to users when they request it—contributed to the accident, they may also bear responsibility.

Ultimately, aerial lift injuries can stem from a variety of different causes. To recover the compensation you deserve, it is important to consult an aerial lift injury lawyer who can investigate the accident promptly, identify who is responsible, and hold them accountable for your losses.

Are Manufacturers Liable for Aerial Lift Accidents?

Defective aerial lifts are extremely dangerous. Multiple issues can cause an aerial lift to fail, including:

Hydraulic failures
Defective turntable components
Malfunctioning controls
Collapsing booms
Unsecured work platforms
Faulty wires and electrical systems

If a defect caused the accident, the manufacturer, designer, or distributor could be held accountable. If faulty repairs contributed to the failure, the maintenance provider or equipment own may share responsibility.

It can be difficult to know if an accident was caused by a defect, negligent repair and maintenance, or a combination of issues. A lawyer can investigate on your behalf and consult expert witnesses to build a defective product claim against any and all liable parties.

Are Safety Equipment Providers Liable for Aerial Lift Accidents?

Workers using aerial lifts rely heavily on safety equipment to prevent injuries. If that equipment fails due to a defect or improper maintenance, it can contribute to the injuries suffered.

Potential examples of liability include:

Defective harnesses or lanyards
Malfunctioning fall arrest systems
Improper installation of safety devices

In these cases, liability could rest with the safety equipment manufacturer, distributor, or maintenance company. An aerial lift accident lawyer can investigate whether a defect or negligence contributed to the failure and pursue just compensation.

Other Potentially Liable Parties

Aerial lift accidents can stem from the actions or negligence of many parties beyond simply employers, contractors, and manufacturers. Other liable parties could include:

Project managers who fail to oversee the worksite and adhere to regulations.
Property owners who are negligent in keeping the worksite hazard-free.
Inspectors who fail to identify hazards or certify equipment properly.

All aspects of the accident must be carefully examined in order to identify the cause and who may be responsible.

Proving Liability

Proving liability after an aerial lift accident requires a meticulous approach since, as we’ve shown, multiple parties and factors could have contributed. Your lawyer will investigate and collect essential evidence, including:

Witness testimony
Photos and video
Worker qualifications and certifications (or the lack thereof)
Accident reports
Maintenance and inspection reports for the lift
Recall notices (if applicable)

Inspecting the lift itself is of the utmost importance. The cause of the accident must be identified to determine fault.

Experts in engineering, equipment safety, occupational hazards, etc., may need to be consulted to prove your case. Your lawyer will take steps to preserve the lift and any other equipment (such as fall prevention systems) so it can be examined by these qualified experts.

By gathering and analyzing all relevant evidence, your lawyer will establish how the accident occurred, who is responsible, and what compensation you may be entitled to.

What Are Common Injuries in Aerial Lift Accidents?

Aerial lift injuries are often catastrophic due to the height at which workers operate the heavy equipment involved. Common injuries include:

Traumatic brain injuries (TBIs) from falls or falling objects.
Spinal cord injuries, which can lead to paralysis.
Broken bones caused by tip-overs or falls.
Severe lacerations from sharp edges or falling debris.
Electrocution from contact with power lines.
Crush injuries if caught between the lift and something else.

These injuries often require extensive medical treatment, rehabilitation, and sometimes long-term care. A knowledgeable and experienced attorney can assess the extent of your injuries, potential future medical needs, and lost wages and earning capacity, and make sure they are accounted for in your claim for compensation.

What Are Most Aerial Lift Accidents Caused By?

Aerial lift accidents have a wide range of causes, and in many cases, they occur due to a combination of contributing factors. Some of the more common causes include:

Lack of training
Lack of safety gear
Mechanical failures
Improper use (e.g., overloading)
Environmental hazards (e.g., bad weather, uneven terrain)
Negligent supervision

The cause of the accident is the key to determining liability. However, identifying that cause can often be a complex and time-consuming process.

What To Do After an Aerial Lift Injury

Accidents on construction sites, in general, are frightening and too often life-threatening. We understand that if you or a loved one is injured, you might have your hands full. That’s why we’ve laid out some basic steps to take—if you are able—that could protect your health and legal rights.

Seek immediate medical attention! Even if you feel “okay”—get checked out. The adrenaline from the accident could be masking an injury.
Report the incident to your employer or supervisor and make sure it is documented. If you need to go to the hospital immediately, let the medical staff know you were injured on the job.
Document the scene—if you are able to do so—by taking photos and videos.
Get witness statements and contact information from anyone who may have seen the accident or knew about an unsafe condition.
Preserve the lift and safety equipment as is. It should not be tampered with before someone can inspect it.
Contact a lawyer who can help advocate for your rights while you use your energy to heal.

Get Help with Your Aerial Lift Injury Case

Workers in many different industries use aerial lifts. Unfortunately, serious injuries—and even fatalities—often arise due to improper operation, mechanical failures, and other factors. When workers are injured in aerial lift accidents, it is important to hold liable parties accountable for the physical, emotional, and financial ramifications of their negligence.

Patrick Daniel Law has extensive experience handling construction accident claims and other cases on behalf of injured workers. Our team has the knowledge, experience, and resources needed to represent you effectively and pursue the compensation you deserve for an aerial lift injury.

We are Strategic. Meticulous. Merciless. as we fight for your rights. Contact Patrick Daniel Law for a FREE consultation.

Who Is Liable for Aerial Lift Accidents?