Texas is experiencing rapid growth in construction, but with this comes a higher risk of worksite accidents. A Texas construction accident lawyer can help protect your legal rights if you’re injured in a construction accident and guide you through the process of winning compensation.
Construction sites remain among the most dangerous workplaces in Texas, and construction workers face a significantly higher risk of serious injuries compared to other sectors. This guide covers common construction accident types, workplace injury laws, and steps to take after an accident, so you’re prepared if an unfortunate incident occurs.
Table of Contents
-
- Common Construction Accidents in Texas
- Texas Workplace Injury Laws for Construction Workers and Filing for Compensation
- When to Consult a Texas Construction Accident Lawyer
- Conclusion
Common Construction Accidents in Texas
Construction sites in Texas present a range of hazards, making certain types of accidents more common. According to the Occupational Safety and Health Administration (OSHA), falls, incidents in which workers are struck by moving objects, electrocutions, and accidents where laborers are caught in trenches are known as the “fatal four” of construction accidents. Here’s a closer look at these types of accidents:
- Falls from Heights: Tasks often require workers to operate on scaffolding, ladders, or rooftops, where falls can lead to severe injuries or fatalities.
- Struck-by Incidents: Workers may be struck by falling tools, materials, or machinery, or by moving vehicles on the site.
- Electrocutions: Exposed wiring, faulty equipment, or contact with power lines are common sources of electrocution.
- Caught-In/Between Accidents: These occur when a worker is trapped or crushed by machinery or collapsing structures, often when they are caught below ground level.
Recognizing these risks is essential for maintaining safety and can also strengthen a claim if negligence was involved in the accident. An experienced Texas construction accident lawyer can investigate the circumstances and hold responsible parties accountable.Texas Workplace Injury Laws for Construction Workers and Filing for Compensation
Texas has its own laws regarding workplace injuries, and it’s crucial for construction workers to know their rights. Unlike other states, Texas does not require most private employers to carry workers’ compensation insurance. This can impact your options for seeking compensation:
- Workers’ Compensation: If your employer carries workers’ compensation insurance, you can file a claim in an attempt to receive benefits like medical coverage and wage replacement, but the state places certain limits on the liability of these employers. Under most circumstances, these employers cannot be sued in connection with worksite injuries.
- Non-subscriber Employers: If your employer does not carry workers’ compensation (employers known as a “non-subscribers”), you may have the right to file a personal injury lawsuit directly against them if negligence played a role in your injury. Non-subscribers are not given the same legal protection as employers that provide workers’ compensation insurance, and they could be subject to punitive damages and damages for pain and suffering.
- Third-Party Claims: Texas law also allows injured workers to seek compensation from third parties involved in a construction project, such as contractors, equipment manufacturers, or other subcontractors, if they contributed to the accident. As with lawsuits against non-subscriber employers, injured workers who take legal action against third parties are sometimes able to win substantial awards.
These laws can be complex, and an experienced Texas construction accident lawyer can provide valuable guidance on your rights and help you pursue the compensation you deserve.Steps to Take After a Construction Accident
If you are injured on a construction site, the following steps can help protect your health and strengthen your legal claim:
- Seek Immediate Medical Attention: Your health is the priority. Even if you don’t feel seriously injured, seek medical attention, as some injuries may not be immediately apparent.
- Report the Accident to Your Employer: Notify your employer as soon as possible. Texas law requires prompt reporting, and your employer may have specific forms or procedures to document the incident.
- Document the Accident Scene: If possible, take photos of the accident scene, equipment involved, and any visible injuries. Witness statements can also provide valuable evidence.
- Keep Detailed Medical Records: Maintain a record of all medical treatments, diagnoses, and bills. These documents will be crucial for proving the extent and cost of your injuries.
- Consult with a Texas Construction Accident Lawyer: A qualified lawyer can advise you on the best course of action, whether filing a workers’ compensation claim, a non-subscriber lawsuit, or legal action against a third party.
Taking these steps can make a significant difference in your ability to file a successful claim and obtain fair compensation.When to Consult a Texas Construction Accident Lawyer
Given the complexities of Texas’s workplace injury laws, consulting a construction accident lawyer can significantly improve your chances of a favorable outcome. Here’s when you should consider hiring a construction or personal injury lawyer:
- Employer is a Non-subscriber: If your employer doesn’t have workers’ compensation insurance, a lawyer can help you file a lawsuit directly against them.
- Third-Party Liability: If third-party negligence is involved, a lawyer can assist with filing claims against additional parties.
- Severe or Long-Term Injuries: Serious injuries often involve high medical costs and extended recovery periods. A lawyer can advocate for full compensation to cover these expenses.
A Texas construction accident lawyer will gather evidence, negotiate with insurers, and represent your interests in court if necessary. Look for an attorney with experience handling construction accident cases and a proven record of success.Texas Construction Accident Lawyer: Conclusion
Construction work carries inherent risks, but Texas workers have the right to seek compensation when accidents occur. Knowing the types of construction accidents, Texas workplace injury laws, and the steps to take after an accident can help you protect your rights. Consulting with a Texas construction accident lawyer can ensure that you receive fair compensation and are well-represented throughout the legal process. Don’t face this complex journey alone—reach out to a legal expert who can guide you every step of the way.
Nelson J. Roach is a partner at the Roach Law Firm in Daingerfield, Texas. Over the last 30 years, Nelson has represented thousands of clients in many groundbreaking cases. Read more…