Construction is one of the most dangerous jobs in the country. Construction worker deaths account for one-fifth of the nation’s total workplace fatalities.
Most workers have recourse to workers’ compensation benefits if they get hurt on the job, while the families of deceased workers can apply 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 explore additional legal options to recover compensation. Patrick Daniel Law can help.
Award-winning attorney Patrick Daniel is Strategic, Meticulous, and Merciless. Through negotiated settlements and trial verdicts, he has achieved significant recoveries on behalf of workers harmed by a wide variety of dangerous construction site conditions.
Please call our Houston construction accident lawyer at (713) 999-6666 today. Your initial consultation is free.
Veteran construction workers know the dangers they face 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 common safety citation issued by OSHA.
If you work in construction and suffered 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 handling claims involving accidents, injuries, and deaths caused by electrocution, hazardous chemicals, and more:
Scaffolding is used at construction sites throughout Texas for workers to perform jobs at heights. When it is built improperly or constructed out of substandard materials, the risk of accidents involving scaffolding is high.
Common types of scaffolding accidents include:
Multiple legal issues may be involved in a scaffold accident. Our Houston construction accident lawyer at Patrick Daniel Law investigates the construction of the scaffolding, the quality of the materials, and other factors to determine who is responsible.
Faulty design and manufacturing can turn the tools and equipment construction workers use every day into an accident waiting to happen. Aerial lifts are one of the machines on a job site most prone to failure.
Telescopic and articulating boom lifts move workers and materials to high and difficult-to-access areas. A telescoping or articulating hydraulic arm lifts a bucket that serves as a mobile elevated platform for workers to perform jobs at heights.
Despite their utility, these aerial lifts are subject to a number of serious safety issues.
Patrick Daniel Law is currently investigating defective product claims involving Genie boom lifts. Genie recently issued a consumer alert for select telescopic boom lifts due to a risk that the bolts connecting the rotating turntable to the mobile base may become unsecured. Loose bolts can cause the lift to tip over and fall and/or collapse.
Other safety concerns construction workers face when working on boom lifts include:
Scissor lifts are another type of machine commonly involved in construction accidents. These lifts allow workers to reach heights through a series of interlocking struts (the shape resembles a pair of scissors).
One of the most common mistakes with scissor lifts is using them on uneven surfaces. A precariously balanced lift may tip over or cause workers to fall from the platform. Inclement weather and high winds can exacerbate the danger.
Burns are a very common injury among construction workers. From hot metal to the beating sun, skin damage is practically guaranteed.
Most burns on construction sites are treatable with first aid. However, in extreme cases construction workers may suffer severe burns and other serious injuries due to accidents involving fires, explosions, and more.
Some of the most common causes of fires and explosions on construction sites include:
Many of these accidents could be prevented through proper fire mitigation (i.e., building a firewall and installing fire extinguishers on the job site) and effective training and supervision of workers. Unfortunately, supervisors, contractors, and others do not always take precautions to reduce the risk of fires and explosions on construction sites.
Our construction accident lawyer can file a claim on your behalf if you suffered injury or lost a loved one due to negligence in the storage and handling of combustible materials, defects in tools and equipment on the job site, and other issues.
Injuries are a common occurrence on construction sites. Those who work in construction for a long time often have blisters, calluses, and even a few scars they sustained on the job.
However, there is a difference between the everyday cuts and scrapes and accidents that result in serious and catastrophic injury. Construction workers may suffer the following in accidents on the job site:
Many of these injuries can lead to lifelong disability that affects the worker’s physical health, emotional well-being, and financial resources. Family members of an injured or deceased construction worker can be left reeling by the impact of the accident.
In spite of the challenges injured construction workers and their loved ones face, employers and insurance companies often dispute fault for on-the-job accidents. Our experienced Houston construction accident lawyer can overcome these challenges by thoroughly investigating how your injury occurred and hiring leading experts who can testify as to the severity of your injury and the subsequent damages.
If your employer has workers’ compensation insurance, liability is generally not at issue in your claim. Workers’ compensation is a no-fault system. You do not have to prove fault in order to claim benefits.
Unfortunately, Texas does not require employers to carry workers’ comp insurance. If your employer is uninsured, you will need to prove fault for the construction accident to recover compensation.
Multiple parties can be held liable in a construction accident claim, including:
Liability is a complex issue in construction accident claims. If you have been injured on the job or lost a loved one at work, you should be able to focus on recovery, not investigating how the accident occurred.
Patrick Daniel Law is here to help. We perform meticulous investigations, identify the liable parties, and develop effective legal strategies to hold those at fault accountable and pursue the compensation our clients deserve.
The amount of damages you pursue in a construction accident claim should reflect your actual losses. You may be entitled to recovery of the following after suffering injury in a construction accident:
Damages in a wrongful death claim may be awarded 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 and suffering, and more.
If your employer has workers’ compensation insurance, it is in your best interest to file a claim. Benefits are often available much faster and with fewer challenges than what you face in bringing a claim for personal injury or wrongful death.
However, workers’ comp benefits only cover a portion of your losses from the construction accident.
Insurers pay all medical bills related to the workplace injury. Workers may also recover some of their lost wages through the following income benefits:
In the event of a fatal construction accident, workers’ compensation death benefits pay spouses, children, and dependent family members 75 percent of a worker’s average weekly wage. Up to $10,000 in burial benefits are also available.
Workers’ comp benefits can help construction workers and their families cover many of the costs associated with an on-the-job accident. However, no benefits are available for the loss of earning capacity, pain and suffering, and other losses.
It is important to consider all of your legal options in the event of a construction accident. Contact Patrick Daniel Law to discuss your case for free.
The aftermath of a construction accident is overwhelming. Although ideally you would have time to take photos of the area and speak to witnesses (i.e., coworkers, bystanders, etc.), your health and safety should be your number-one priority.
If your employer has workers’ compensation insurance, information about your rights and responsibilities should be posted prominently somewhere in the workplace. To make a claim, you should do the following:
If your employer does not have workers’ compensation insurance, you will need to determine if you have the right to sue. Our knowledgeable construction accident attorney and compassionate team stands ready to answer your questions, discuss your options for filing a claim, and mercilessly pursue the compensation you deserve.
A construction accident is any incident on a construction site that results in injury, death, or property damage. These incidents can range from falls, equipment malfunctions, and electrocutions to structural collapses and exposure to hazardous materials.
The nature of construction work, which often involves heavy machinery, working at heights, and various manual tasks, inherently carries risks. In Houston, where construction projects are abundant, understanding these risks is crucial. If you are injured working construction, consulting with a Houston construction accident lawyer can provide essential guidance on your legal rights and potential avenues for compensation.
The construction industry, known for its inherent hazards, sees a range of injuries, with the most common ones aligning with the Occupational Safety and Health Administration’s (OSHA) Focus Four Hazards. These are:
The leading cause of fatalities in construction, falls occur from scaffolds, ladders, roofs, or into holes in floors and walls. Lack of fall protection or improper use of safety equipment often leads to these accidents.
These involve a worker being hit by a moving object, such as a vehicle, falling tools, or flying debris. Proper site management and the use of protective gear can mitigate these risks.
Exposure to live wires, malfunctioning equipment, or contact with power lines can result in electrocution. This risk is elevated when safety protocols around electrical systems are not strictly followed.
These incidents occur when workers get caught or compressed by equipment, between moving objects, or in collapsing structures.
Each of these hazards requires specific safety measures to protect workers. Adhering to these safety standards is critical.
The leading cause of death in construction is falls. In 2021, 37% of construction deaths were caused by falls. These accidents, often resulting from inadequate fall protection, account for the majority of fatalities in the industry. The prevalence of falls in construction emphasizes the need for rigorous safety measures on construction sites. OSHA’s guidelines and regulations are pivotal in preventing such incidents.
The fatal injury rate in the construction industry is higher than the national average for all industries. According to an investigation by Construction Dive, the death rate in the construction industry barely changed between 2011 and 2020, with 10 out of every 100,000 construction workers dying on the job. Additionally, 3 out of every 5 of those deaths were caused by a Focus or Fatal Four Hazard.
Workers who are new or lack sufficient training in safety practices face a higher risk of injuries. Inexperienced laborers are often involved in various tasks that expose them to a broad range of hazards. They have little experience handling those tasks with the care and safety necessary. For this reason, it is crucial to train workers thoroughly and provide them with adequate protective gear.
In the event of an accident on a construction site, the primary responsibility often falls on the employer or the general contractor. They are typically held accountable for ensuring the site adheres to safety standards and regulations. Their role includes providing proper training, maintaining a safe working environment, and ensuring all safety protocols are followed. They are most likely to be blamed if these responsibilities are neglected, resulting in an accident.
Yes, you can sue for a construction accident in Texas. If you’ve been injured or a loved one has been killed in a construction accident, a few different types of claims or lawsuits may be available to compensate you for your losses.
Depending on the circumstances of your accident, you may be able to pursue one or more of the following:
If your employer carries workers’ compensation insurance, you may file a claim for benefits. Workers’ compensation can provide medical coverage and a portion of your lost wages.
It’s important to note that accepting workers’ comp benefits typically means you cannot sue your employer for additional damages except in cases of gross negligence or wrongful death. However, it can be an immediate source of financial relief without the need to prove fault. In Texas, employers are not required to carry workers’ comp insurance.
A personal injury lawsuit may be pursued if your injury resulted from someone else’s negligence, such as a subcontractor or equipment operator. Unlike workers’ compensation, a personal injury claim can cover the full extent of your losses, including total lost wages, medical bills, and pain and suffering. Proving negligence is essential in this type of claim.
If your injury was caused by defective equipment or machinery, you might have a product liability claim against the manufacturer. In these cases, you need to prove that the product was defective and that this defect directly caused your injury.
In the tragic event of a fatal construction accident, the deceased worker’s family members may file a wrongful death lawsuit. This can provide compensation for lost income, loss of companionship, funeral expenses, and other damages related to the loss of a loved one.
Each type of claim has its own procedures and requirements. Given the complexities of construction accident cases in Texas, consulting with a Houston construction accident lawyer can be vital. They can assess your case, determine which type of claim is appropriate, and guide you through the legal process to pursue the compensation you deserve.
Contacting a construction accident attorney is highly recommended if you or a loved one is involved in a construction accident. Lawyers can offer invaluable guidance on your rights and the compensation you may be entitled to. They understand the complexities of construction accident cases and can navigate the legal system to advocate on your behalf.
Whether it’s negotiating with insurance companies or representing you in court, having a skilled attorney can significantly impact the outcome of your claim. Patrick Daniel Law represents victims and their families in Houston, throughout Texas, and nationwide. We offer tenacious representation and can help you pursue the compensation you deserve when you need it most.
Patrick Daniel is an award-winning trial attorney with extensive experience serving injured workers and their families. He has been recognized by America’s Top 100 High Stakes Litigators in the area of construction litigation.
Litigation – i.e., taking cases to trial – is often necessary in construction accident claims to obtain full compensation for serious injury and wrongful death. For this reason, Patrick Daniel Law prepares every case as though it will go to court.
If you have been injured on the job, you should not have to settle for less. Your recovery and the future of your family depends on it. Hiring an experienced construction accident attorney can mean the difference between “getting by” and getting what you need and deserve.
Please contact Patrick Daniel Law by calling (713) 999-6666 today for a free case evaluation. Our Houston construction accident lawyer serves clients throughout Texas and nationwide.