Texas Scaffolding Collapse at Chevron Plant: Who is Liable for Worker Injuries in 2025?

On March 12, 2025, a scaffolding collapse at a Chevron plant in Pasadena, Texas, resulted in injuries to three workers, one of whom was airlifted to the hospital. Scaffolding accidents are, unfortunately, a common and dangerous occurrence in the construction and industrial sectors. Falls from heights are a leading cause of workplace fatalities in industrial settings. When scaffolding collapses or malfunctions, the resulting injuries can be severe, leading to significant medical expenses, lost wages, and long-term disability. In the aftermath of such an incident, a crucial question arises: Who is liable for the worker injuries?

Understanding Liability in a Texas Scaffolding Collapse

Determining liability in a scaffolding collapse can be complex, involving multiple parties and legal considerations. In Texas, several avenues exist for injured workers to seek compensation, depending on the specifics of their employment and the circumstances of the accident.

Workers’ Compensation

In Texas, employers can opt into the state’s workers’ compensation system. If the employer subscribes to worker’s compensation, injured employees are generally limited to receiving benefits such as:

Medical treatment
Partial wage replacement
Impairment income for lasting injuries
Death benefits for surviving family members

Workers’ compensation is a no-fault system, meaning that an employee can receive benefits regardless of who caused the accident. However, in exchange for these guaranteed benefits, employees typically cannot sue their employer for negligence, even if the employer’s actions contributed to the accident. Texas worker’s compensation laws act as a shield for many employers, even when they neglect to follow OSHA rules regarding scaffolding.

The Non-Subscriber Option

Texas is unique in that it does not require all employers to carry workers’ compensation insurance. Employers who choose not to participate in the state’s workers’ compensation system are known as “non-subscribers.” If your employer is a non-subscriber, you may have the right to file a personal injury lawsuit against them. In this scenario:

You can seek full lost wages and future income.
You may pursue compensation for pain and suffering.
Texas law restricts the defenses available to your employer.

Non-subscribing employers can’t argue that your coworker caused the construction site injury, that you accepted the risk, or that you were partially responsible.

Third-Party Liability

Even if your employer subscribes to workers’ compensation, you may still be able to pursue a claim against a third party whose negligence contributed to the scaffolding collapse. Third-party liability refers to the possibility of suing a party other than your employer, such as a subcontractor, equipment manufacturer, or property owner.

Some examples of third parties who may be liable in a scaffolding accident include:

Subcontractors: If a crew from another company created the unsafe condition that led to the collapse.
Equipment manufacturers: If the scaffolding or related machinery failed due to poor design or production.
Vendors or delivery drivers: If their actions caused the accident on-site.
General contractors or site managers: If safety regulations weren’t enforced.
Property owners: Who failed to maintain safe premises.

A third-party lawsuit allows for full compensation, including pain and suffering, emotional distress, and long-term disability—not just medical bills and partial wages.

Common Causes of Scaffolding Collapses

To determine liability, it’s essential to investigate the cause of the scaffolding collapse. Common causes include:

Weak or damaged structural supports: Scaffolding collapses can be caused by weak or damaged structural supports.
Overloading: Overloading beyond the scaffold’s weight capacity.
Improper assembly: Improper assembly or failure to secure anchor points.
Lack of training and oversight: Workers who are not properly trained in scaffolding safety may unknowingly contribute to instability by using the structure incorrectly.
Use of substandard or damaged materials: If low-quality or defective materials are used, scaffolding is more likely to fail under pressure.
Poor housekeeping: Poor housekeeping.
Harsh environmental conditions: Harsh environmental conditions such as strong winds or vibrations from heavy machinery.
Lack of routine inspections and maintenance checks: Lack of routine inspections and maintenance checks.
Failure to provide fall protection: OSHA requires fall protection for anything with a height above 6 feet in construction settings. This may need to take the form of guardrails, safety harnesses, nets, or other fall protective gear, depending upon the situation.

The Role of OSHA Regulations

The Occupational Safety and Health Administration (OSHA) sets forth specific regulations for scaffolding safety to protect construction workers. These regulations cover various aspects of scaffolding, including:

Construction and load capacity: Scaffolds must be structurally sound and capable of supporting their weight plus four times the maximum intended load.
Fall protection: Employers must provide fall protection for every employee on scaffolding more than 10 feet above a lower level.
Access: Safe access to scaffolding is required. Workers should only use designated stairwells or ladders to reach the working platform.
Training: A qualified person must supervise workers as scaffolds are erected, dismantled, moved, or altered in any way.
Inspections: Scaffolding inspection should be conducted before each work shift.

A failure to comply with OSHA regulations can be a strong indicator of negligence and can strengthen a worker’s claim for compensation.

Legal Steps to Take After a Scaffolding Accident

If you’ve been injured in a scaffolding collapse in Texas, it’s crucial to take the following steps to protect your rights:

Get Medical Attention: Don’t wait. Go to the ER, an urgent care clinic, or a workplace medical provider right away—even if your symptoms seem minor.
Notify Your Employer: You have 30 days to report the injury to your employer.
Document Everything: Keep detailed records of the accident, your injuries, medical treatment, and lost wages.
Avoid Casual Comments: Telling a coworker “I’m fine” or saying “I should have been more careful” may seem like harmless remarks, but they can be twisted by an insurer or employer.
Don’t Sign Anything Without Understanding It: You might be presented with a release, a settlement offer, or a standard-looking form. Get legal eyes on it first.
Consult with an Attorney: An experienced Texas construction accident attorney can help you understand your legal options, investigate the accident, and pursue the compensation you deserve.

Statute of Limitations

In Texas, there are strict deadlines you must follow to protect your legal rights. For workers’ compensation claims, you must report your injury to your employer within 30 days of the accident or when you first noticed your injury or illness. You then have one year from the date of injury to file a formal claim with the Texas Division of Workers’ Compensation. For personal injury lawsuits, Texas law generally allows a two-year statute of limitations from the date of your accident.

Seeking Justice and Compensation

A scaffolding collapse can have devastating consequences for workers and their families. Understanding your legal rights and options is essential to recovering the compensation you need to cover medical expenses, lost wages, and other damages. By thoroughly investigating the accident, identifying all liable parties, and working with an experienced attorney, injured workers can pursue justice and hold those responsible accountable.