Construction Accident Attorneys Representing Injured Workers Throughout Texas & Nationwide
Construction is one of the most dangerous jobs in the country. Construction worker deaths account for one-fifth of the nation’s overall workplace fatalities.
Most workers have recourse to workers’ compensation payments if they get harmed on the job, while the families of deceased workers can file for death benefits. Unfortunately, the law in Texas is not on the side of workers.
If you have been injured in a construction accident or your loved one was killed on the job, you may need to seek other legal alternatives to obtain compensation. Patrick Daniel Law can help.
Award-winning attorney Patrick Daniel is Strategic, Meticulous, and Merciless. Through negotiated settlements and trial verdicts, he has secured considerable damages on behalf of workers hurt by a wide array of unsafe construction site conditions.
Types of Construction Accident Claims We Handle
Veteran construction workers know the perils they encounter on the job site. Falls are the biggest hazard in construction work, accounting for the most worker deaths. Lack of fall protection is also the most prevalent safety violation issued by OSHA.
If you work in construction and experienced a fall (or your loved one died as a result of a fall on a construction site), Patrick Daniel Law can help. Our firm also has experience managing claims involving accidents, injuries, and deaths caused by electricity, dangerous chemicals, and more:
Scaffolding is used at construction sites throughout Texas allowing workers to conduct jobs at heights. When it is erected poorly or created out of inadequate materials, the potential for accidents involving scaffolding is significant.
Common forms of scaffolding accidents include:
Falls from scaffolding: All scaffolds should have guardrails to safeguard employees from falling while they are high above the ground. Missing and badly constructed guardrails (as well as malfunctioning harnesses and other gear) can cause workers to fall. Workers may also fall owing to slippery or uneven walkways on the scaffold, trip over tools and other equipment, etc.
Objects falling from scaffolds: Though falls are the major cause of fatality on construction sites, several employees are also killed each year by being injured by falling objects. Scaffolds extend many stories into the air. When tools, equipment, materials, and other objects fall from such a height, personnel in the line of the falling object might receive serious head trauma and other injuries.
Electrocution: Foremen and project managers always need to be alert of overhead electrical wires as work advances. If scaffolding is created without accounting for the swaying of power lines, employees on the scaffold may be electrocuted if the overhead wires come into contact with the structure or workers at heights.
Scaffolding collapse: One of the most catastrophic types of scaffolding accidents, collapses are generally caused by improper construction and excess weight. A collapse may damage only one part of the planking on the scaffold, forcing employees in that area to fall, or the entire structure may collapse. In the latter instance, employees on the scaffold as well as people on the ground may be gravely injured or killed.
Multiple legal concerns may be implicated in a scaffold accident. Our Houston construction accident lawyer at Patrick Daniel Law evaluates the construction of the scaffolding, the quality of the materials, and other criteria to identify who is accountable.
Aerial Lift Accidents
Faulty design and manufacture can turn the tools and equipment construction workers use every day into a catastrophe waiting to happen. Aerial lifts are one of the machines on a job site most prone to failure.
Telescopic and articulating boom lifts transfer employees and materials to high and difficult-to-access regions. A telescoping or articulating hydraulic arm lifts a bucket that acts as a transportable elevated platform for personnel to perform jobs at heights.
Despite their value, these aerial lifts are prone to a variety of major safety hazards.
Patrick Daniel Law is actively examining defective product allegations concerning Genie boom lifts. Genie recently issued a consumer notice for select telescopic boom lifts due to a danger that the bolts connecting the revolving turntable to the mobile base may become insecure. Loose bolts can cause the lift to tip over and fall and/or collapse.
Other safety hazards construction workers encounter when working on boom lifts include:
Overloading: Excess and improperly distributed weight on an aerial lift can cause the boom to fail. Workers may slip off the platform, or the bucket could fall to the ground.
Tipping: Tip-over incidents can also occur if the platform is overcrowded or off-balance. Workers in the bucket may be flung from the lift as it tips. A collapsing lift is also a threat to employees on the ground, particularly if the boom is fully extended.
Lack of training: Both OSHA and private companies offer reasonable certification classes for workers to operate aerial lifts properly and safely. Unfortunately, many construction businesses and contractors prefer to engage uneducated and inexperienced workers to handle this machinery. This lack of knowledge and practical experience can lead to a wide range of operator errors resulting in aerial lift accidents.
Scissor lifts are another sort of machine regularly implicated in construction accidents. These elevators allow workers to reach heights through a set of interconnecting struts (the shape resembles a pair of scissors) (the shape resembles a pair of scissors).
One of the most prevalent problems with scissor lifts is using them on uneven surfaces. A poorly balanced lift may flip over or force workers to fall from the platform. Inclement weather and heavy winds might heighten the danger.
Explosions and Burns on Construction Sites
Burns is a highly prevalent injury among construction workers. From hot metal to the hammering sun, skin injury is nearly unavoidable.
Most burns on construction sites are curable with first aid. However, in extreme circumstances construction workers may suffer severe burns and other catastrophic injuries due to incidents involving fires, explosions, and more.
Some of the most prevalent causes of fires and explosions on construction sites include:
- Overheating of power tools, machinery, and heavy equipment
- Sparks from welding and other building activities
- Improper electrical wiring and mishandling of power on the job site
- Ruptured gas lines from digging, excavation, etc.
- Improper storage of fuel, chemicals, and explosive materials
Fuel geysering – flaws in construction equipment can cause a jet of fuel to shoot out when the fuel cap is removed Negligence on the part of workers, including reckless disposal of cigarettes, cooking on the building site, etc.
Many of these accidents might be prevented with good fire mitigation (i.e., erecting a firewall and putting fire extinguishers on the project site) and effective training and supervision of personnel. Unfortunately, supervisors, contractors, and others do not always take procedures to decrease the risk of fires and explosions on building sites.
Our construction accident lawyer can submit a claim on your behalf if you incurred damage or lost a loved one due to negligence in the storage and handling of flammable materials, faults in tools and equipment on the job site, and other difficulties.
Houston Construction Site Injury Lawyer
Common Types of Construction Injuries
Injuries are a typical occurrence on construction sites. Those who work in construction for a long period often have blisters, calluses, and even a few scars they incurred on the job.
However, there is a distinction between ordinary cuts and scratches and incidents that result in significant and catastrophic injury. Construction workers may suffer the following incidents on the job site:
- Traumatic brain injuries
- Injuries to the neck and back
- burn wounds
- Broken bones
- Severe lacerations
- amputation wounds
- Crush wounds
- Damage to internal organs
- Permanent nerve damage
- Eye injuries
Many of these injuries can lead to lifetime handicap that impacts the worker’s physical health, mental well-being, and financial resources. Family members of an injured or deceased construction worker can be left reeling by the impact of the tragedy.
Despite the hardships wounded construction workers and their loved ones endure, employers and insurance companies often contest blame for on-the-job accidents. Our experienced Houston construction accident lawyer can overcome these hurdles by thoroughly analyzing how your injury occurred and hiring leading experts who can testify as to the severity of your condition and the ensuing damages.
What to Do After an Accident on a Construction Site
Who Is Liable for a Construction Accident?
If your company has workers’ compensation insurance, responsibility is often not at issue in your claim. Workers’ compensation is a no-fault system. You do not have to prove fault to collect benefits.
Unfortunately, Texas does not require employers to have workers’ comp insurance. If your employer is uninsured, you will need to prove the blame for the construction accident to receive compensation.
Multiple parties can be held accountable in a construction accident claim, including:
Your employer: Workers can sue when an employer opts out of workers’ compensation insurance. To receive compensation, you must prove that your employer’s negligence resulted in the construction accident.
Common examples of employer carelessness include:
- Failure to train workers to operate equipment on the job site
- Failure to provide workers with sufficient safety equipment
- Negligent supervision of workers
- Negligent maintenance of machines, heavy equipment, and vehicles
- Disregarding safety recommendations given by local and state authorities and OSHA
Contractors and other third parties: Many building projects need the efforts of several individuals and companies. Errors on the part of a general contractor or other entity responsible for directing the work can lead to construction mishaps. As with employers, contractor negligence can take many different forms, from picking subpar materials to irresponsible oversight to failing to supervise and guide the activity safely.
The owner of the property: In some circumstances, the owner of a property that is under construction will supervise and direct the work being undertaken. Workers who are harmed in accidents on the property may have a claim if they can prove that the negligence of the owner resulted in unsafe conditions.
Product manufacturers: Multiple firms may be engaged in creating a product, assembling it, and bringing it to market. A defective product lawyer can investigate all of the participants in the supply chain to discover how and when the defect originated. You may have a claim against numerous parties if a defective tool, machine, scaffold, or other product caused the accident.
Liability is a tricky issue in construction accident lawsuits. If you have been hurt on the job or lost a loved one at work, you should be allowed to focus on recuperation, not investigating how the disaster occurred.
Patrick Daniel Law is here to help. We do rigorous investigations, identify the liable parties, and establish successful legal strategies to hold those at fault accountable and demand the recompense our clients deserve.
Damages in a Construction Accident Claim
What Compensation Can I Recover for a Construction Accident?
The number of damages you pursue in a construction accident lawsuit should reflect your actual losses. You may be eligible for recovery of the following after incurring injuries in a construction accident:
Medical expenses (both current bills and the predicted cost of treatment, rehabilitation, etc. in the future) (both current bills and the anticipated cost of treatment, rehabilitation, etc. in the future)
- lost revenue
- loss of ability to earn (the loss of income in the future)
- Costs connected to travel for medical care, domestic services, assistive devices, and more
- Distress and suffering
- Mental agony
- Discoloration and scarring
- loss of group support
Damages in a wrongful death action may be granted to the worker’s estate and surviving family members. If you lost a relative in a construction accident, you and your loved ones may be entitled to compensation for losses such as funeral and burial/cremation expenses, loss of financial contributions, loss of support and services, loss of companionship, pain, suffering, and more.
Should I File for Workers’ Compensation After a Construction Accident?
If your company has workers’ compensation insurance, it is in your best interest to file a claim. Benefits are frequently accessible sooner and with fewer hurdles than those you encounter in claiming personal injury or wrongful death.
However, workers’ comp benefits only cover a part of your damages from the construction accident.
Insurers reimburse all medical expenditures connected to the employment injury. Workers may also recover part of their lost pay through the following income benefits:
Temporary income benefits (TIBs): Available if your injuries render you partially or fully unable to work for more than seven days. TIBs cover 70 percent of your typical weekly pay (minus any wages you earn if you can work in a reduced capacity) (minus any wages you earn if you can work in a reduced capacity).
Impairment income benefits (IIBs): Covers 70 percent of your average weekly wage. The length of time you receive IIBs depends on the percentage of impairment as assessed by an independent medical practitioner.
Supplemental income benefits (SIBs): Workers who have an impairment rating of 15 percent or higher and (a) are unable to work or (b) return to work but earn less than 80 percent of their average weekly wage are eligible for SIBs covering up to 80 percent of the income they made each week before the accident.
Lifetime income benefits (LIBs): LIBs cover 75 percent of your typical weekly earnings if you suffer certain qualifying injuries in a work accident.
In the event of a tragic construction accident, workers’ compensation death payments pay spouses, children, and dependent family members 75 percent of a worker’s average weekly earnings. Up to $10,000 in burial benefits are also available.
Employees’ comp compensation can help construction workers and their families cover many of the costs connected with an on-the-job accident. However, no rewards are available for the loss of earning ability, pain, suffering, and other losses.
It is crucial to evaluate all of your legal alternatives in the event of a construction accident. Contact Patrick Daniel Law to discuss your case for free.
What to Do After a Construction Accident
The aftermath of a construction accident is overwhelming. Although ideally, you would have time to take photos of the location and speak to witnesses (i.e., employees, passersby, etc.), your health and safety should be your number one priority.
If your employer has workers’ compensation insurance, information on your rights and responsibilities should be posted prominently somewhere in the workplace. To make a claim, you should do the following:
Seek medical attention: Don’t assume you can just “shake it off” after an on-the-job injury. If you have been critically harmed on a construction job, a coworker or supervisor should phone 911 or take you to medical care ASAP.
Report the accident to your employer: Workers in Texas have 30 days to report an employer an injury received in the workplace. Although someone in authority may already be aware of the accident, it is important to make a formal notification (usually in writing) (generally in writing).
Look for documents from DWC: The Division of Workers’ Compensation (DWC) is the government department that administers workers’ comp compensation in Texas. When employers submit an insurance claim for a workplace injury, the DWC delivers a packet of paperwork and information to the injured employee. You will need to complete DWC Form-041 as part of your workers’ compensation claim.
Keep all medical appointments: Employers and their insurers direct care for wounded workers. Your benefits are based on attending all visits with doctors, physical therapists, and other healthcare providers. Be careful to explain that your care is due to a workplace injury so the price will be covered.
Contact an attorney
Workers who sustain minor injuries and miss little to no work often do not need legal assistance. However, if you are critically injured in a construction accident, you may encounter several obstacles to collecting the full benefits you deserve. It is also crucial to speak to a lawyer as soon as possible if your workers’ compensation claim is dismissed.
If your company does not have workers’ compensation insurance, you will need to evaluate if you have the right to sue. Our expert construction accident attorney and the empathetic team are ready to answer your concerns, explore your choices for filing a claim, and mercilessly pursue the compensation you deserve.
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