Construction Accidents

Construction Accident Attorney

Call (888) 273-1045 for a FREE Case Review

If you have been injured or have lost a loved one in a construction site accident, you may have certain options available for pursuing financial compensation for your losses. The first question to ask is whether the employer maintains a workers' compensation insurance policy.

On the Job Injuries and Texas Workers' Compensation Laws

Texas state law, unlike the laws of many states throughout the country, does not require all employers to carry workers' compensation coverage, but there is still a good chance that your employer does. If this is the case, you should be entitled to file a claim for compensation for your work injuries. Workers' compensation provides payment for medical treatment and partial replacement of lost wages.

In the event that your employer is a nonsubscriber, the term for an employer that does not carry workers' compensation insurance, it is necessary to determine whether the accident was caused by some type of negligence.

Exploring Your Compensation Options After a Work Injury

At The Daspit Law Firm, our injury attorneys are passionate about protecting the rights of injured victims, including those who suffered harm in the course of performing their jobs. Because the process for seeking compensation after a work injury can be confusing for many, and because there may be unique legal issues involved that impact which options you may be able to pursue, our firm wants to provide important information about work injuries and what options you may have available when it comes to a financial recovery.

While every work injury case is different, there are a few general options workers can explore after being hurt on the job. These include:

• Workers’ Compensation – Most people know about workers’ comp, which is a form of insurance most employers must carry by law. Workers’ comp can be a vital source of compensation because it provides benefits (medical care, wage replacement, vocational therapy, etc.) to employees who suffer harm in the course of their work, no matter who was at fault for their accident and injury. Because the process can be confusing, and because taking the right steps can make the difference between receiving the right benefits or being denied or underpaid, working with an attorney to navigate the workers’ comp system is crucial.
• Third-Party Personal Injury Lawsuit – There are some work accident cases where injured workers may have the ability to seek compensation outside of their employer’s workers’ comp insurance. These most commonly involve cases where job-related accidents are caused by a negligent third party, such as a negligent contractor or contractor’s employee that causes a preventable construction accident on a work site. Personal injury lawsuits are civil claims, and they require victims to prove elements of negligence and causation. Though they require evidence that meets a burden of proof, successful personal injury suits can provide victims with more robust financial recoveries, including compensation for damages not available under workers’ comp (i.e. pain and suffering).
• Product Liability Lawsuit – Many workers rely on tools, machinery, equipment, and other types of products to perform their work. When those products are defectively designed, manufactured, or marketed in ways that make them unreasonable dangerous, however, workers can suffer preventable harm. As such, they may have the right to seek compensation by filing a personal injury lawsuit against a manufacturer under product liability laws.
• Toxic Torts – If exposure to toxic substances in the workplace causes an occupational disease or other types of injuries and losses, workers may have the right to file a toxic tort against the manufacturer. Toxic torts can be complex cases defended against by powerful companies, which is why they demand the insight of proven lawyers.
• Premises Liability – Premises liability laws obligate property owners to keep their premises free from avoidable hazards that can foreseeably cause harm to visitors and guests, including any workers who may visit the property in order to perform a job. Depending on the circumstances, workers injured on another’s property may be able to pursue civil legal action against a negligent property owner under premises liability laws.

If you or someone you love has suffered harm on the job – whether it be a work-related injury or an occupational illness – you can find the support and representation you need with The Daspit Law Firm. Our attorneys are readily available to help residents across the country explore their rights and options when it comes to seeking compensation after a work injury, and offer free case evaluations during which we can explain how we may be able to guide you through the process.

Common Types of Construction Accidents

Texas is home to hard-working men and women who play vital roles in the fabric of our society. While some jobs may be more dangerous than others – especially those in construction, manufacturing, and industrial settings – any worker can face risks of suffering injury or illness as a result of performing job-related duties. When they do, securing needed benefits and compensation becomes critical to obtaining medical care and making ends meet.

Certain types of accidents are more common than others in the construction field. Daspit Law Firm is prepared to handle cases such as:

• Chemical Burns
• Crane Accidents
• Electrical Injuries
• Forklift Accidents
• Falls from Heights
• Scaffolding Accidents
• Falling Debris
• "Struck By" Accidents

FAQ Regarding Construction Accident

Who is responsible if I am injured on a construction site in Texas?

Frequently someone other than your direct employer. Construction sites involve property owners, general contractors, subcontractors, staffing agencies, equipment lessors, and manufacturers, and any of them can be liable for creating or failing to correct a hazard. If your employer carries workers' compensation, you can usually claim those benefits but cannot sue that employer, though you can still bring a third-party claim against another company on site whose negligence hurt you. If your employer is a non-subscriber with no workers' comp, you can sue them directly. Sorting out which route applies is the first thing we do. Call (888) 273-1045 for a free review.

Can I sue if I am covered by workers' compensation?

Generally not your own employer, but often someone else. Workers' compensation is a no-fault system that pays medical costs and a portion of lost wages, and in exchange it protects the subscribing employer from being sued. It does not protect anyone else. A third-party claim against a general contractor, a subcontractor's crew, a property owner, or an equipment manufacturer runs alongside your comp claim and can recover the damages comp does not pay, including pain, suffering, and full lost earning capacity. Many injured workers never learn they had this option.

Does an OSHA violation help my case?

It can be powerful evidence, though an OSHA citation by itself does not automatically win a claim. OSHA standards establish what a reasonably safe site looks like, and a documented violation, such as missing fall protection, unguarded machinery, or inadequate trench shoring, supports the argument that a company breached its duty of care. OSHA findings also generate an investigation record, photographs, and witness interviews that would otherwise be difficult to obtain. We routinely request and use these records when building construction injury claims.

What are the most common construction site accidents?

The ones we see most often are falls from scaffolding, ladders, and roofs; being struck by falling tools, materials, or loads; crane and hoist failures; forklift and heavy equipment incidents; electrocution from live lines and unguarded wiring; trench and excavation collapses; and caught-in or caught-between machinery injuries. These produce serious outcomes, including spinal cord injuries, traumatic brain injuries, crush injuries, amputations, and fatalities, which is why construction claims need to account for lifetime medical care rather than current bills alone.

What should I do after a construction site injury?

Report the injury to your supervisor in writing immediately and request a copy. Get medical treatment the same day and say clearly that it happened at work. Photograph the equipment, the scaffolding or trench, the site conditions, and your injuries. Write down who was present, because crews move between jobs quickly. Do not give a recorded statement to any insurance adjuster or company investigator, and do not sign a settlement or release. Then call us at (888) 273-1045. We make hospital visits and consultations are free 24/7.

 How long do I have to file a construction accident claim?

A personal injury or third-party lawsuit generally must be filed within two years of the injury. Workers' compensation has its own, much shorter timeline: you typically must report the injury to your employer within 30 days and file your claim with the Texas Division of Workers' Compensation within one year. Non-subscriber employer plans impose their own internal deadlines that can be a matter of days. Because more than one clock may be running at once, get advice early.

‍

Speak with a Construction Accident Lawyer

Whether you need to file a workers' compensation claim or want to learn about your options for suing, contact us at the Daspit Law Firm for help. Our Experienced construction accident attorney provides compassionate service and aggressive representation to every one of our clients, and we are ready to take immediate action on your case.

We handle injury claims involving chemical burns, spinal cord injuries, electrical injuries, traumatic brain injuries and other types of catastrophic injuries, and we take on cases were our client has been hurt in accidents ranging from slip and fall to forklift accidents and crane accidents.