Construction is one of the most dangerous occupations in America, with the most workplace fatalities of any industry. Construction workers in Texas perform physically demanding tasks in potentially dangerous work zones, dealing with heavy machinery, traffic, heights, electricity, hot weather, hazardous materials, and other safety risks. Construction site accidents are all too common, and they can lead to serious injury, disability, and even death.
Unfortunately, it can be difficult to know what to do after sustaining serious injuries as a result of a construction site accident. Workers and their families face compounding medical bills, difficulty returning to work, and pain and suffering.
Accident victims also face unique challenges if their employer does not carry workers comp insurance, which is common in Texas. Without an experienced lawyer by your side, it can be difficult to determine what party or parties contributed to your injury and how best to recover from your damages. A Dallas workers compensation lawyer can gather evidence to support your claim and help you recover everything you are entitled to.
Common Causes of Construction Site Accidents in Dallas
OSHA categorizes the most common causes of construction site injury as the “Fatal Four.” They are:
Slips, trips, and falls. Slips, trips, and falls are the most common cause of all workplace incidents and accidents, accounting for 36% of workplace fatalities. For construction workers who are often working on ladders and scaffoldings, there is a much higher risk of serious injury or even death from a fall.
Struck by an object. Struck-by-object incidents account for 10% of workplace fatalities and include being struck by vehicles or moving equipment, as well as being struck by swinging, falling, or shifting materials at the worksite.
Electrocutions. Nearly 9% of workplace fatalities are caused by electrocutions. Construction workers are often dealing with exposed or non-grounded wiring or poorly maintained circuitry, often in wet working conditions.
Caught in or caught between. About 2.5% of workplace deaths are the result of caught-in or caught-between accidents. Workers may get caught inside machinery or equipment or trapped in collapsing structures or materials.
While many construction workers are injured in specific incidents and accidents, construction work can also cause cumulative and repetitive injuries that accumulate over time, such as repetitive damage to the neck, back, or shoulders, hearing loss, or illness due to prolonged exposure to harmful environments. These types of occupational injuries are often overlooked and under-reported but are just as serious as injuries resulting from a single incident.
Who is Liable in a Construction Site Accident?
All construction workers who are injured while performing assigned work duties are entitled to be fairly compensated for their medical and treatment expenses, lost wages, and other costs associated with their injury. However, getting fair compensation depends on holding the right party accountable for your damages. Several different parties may be liable for a construction site accident, including:
The construction company. If the construction company is the employer and has control of the work site and employee tasks, they are typically liable for accidents and injuries. Most employers carry workers’ compensation insurance to bear the costs of this liability,
The site owner. In some instances, construction site accidents are caused by the site owner, who may have created or failed to disclose hazardous conditions.
Other contractors or subcontractors. In many cases, multiple companies are working on the same job site at the same time. If another company or individual creates an unsafe work environment, they can be held liable for an accident.
Manufacturers or mechanics of equipment and machinery. If a worker is injured due to a malfunction or fault in a piece of equipment, the manufacturer may be liable. If another company is responsible for keeping equipment functioning properly, they may be liable as well.
Because construction sites are dynamic environments with many different parties and activities happening at the same time, it is possible for an accident to have more than one liable party. Because these incidents can be difficult to re-create, and the work site changes so quickly, it is important to conduct an investigation and collect evidence as quickly as possible to ensure that the right party is held accountable.
Can I Claim Workers’ Compensation After a Dallas Construction Accident?
If you sustain an injury in a construction site accident in Texas, then you may be able to file a workers comp claim against your employer. Workers’ compensation cases are managed by the Texas Department of Insurance (TDI), which has online claim forms and contact information. They will manage your workers’ compensation case, along with any appeals or disputes. However, you can only file a workers’ comp claim with the TDI if your employer carries workers’ compensation insurance. Texas is the only state that does not require companies to have this type of protection, and these employers are called “non-subscribers.”
If your employer is a “non-subscriber,” they are required to make employees aware of their insurance coverage and injury procedures, including their coverage and benefits and the contact information for filing a claim. It is always best to read this information thoroughly and ask questions before you have a workplace injury or accident. In some cases, when the employer is insufficiently insured, an injured employee has no choice but to take their employer to court in a civil case and sue them for compensation.
If you are injured at the worksite of a non-subscribing employer, you may want to consider reporting the incident yourself to OSHA. Most workplace safety statistics are gathered through workers’ compensation claims, and non-subscriber safety issues are statistically under-reported.
Hurt on a Construction Site? Contact Our Dallas Workers Compensation Lawyer
Wondering what do you do if your workers compensation claim is denied? Suspect your employer does not carry Texas workers comp insurance? Questions about your rights with a personal injury claim? Unfortunately, you need to act quickly after a construction accident to give yourself a greater chance of success. In addition, the more time that passes, the more economic challenges you may face. Fortunately, our Dallas construction site injury lawyer can help you expedite the process and work toward a favorable resolution.
Frequently Asked Questions About Dallas Construction Accidents
What Should Be Done Immediately After a Construction Accident?
Immediately after a construction site accident, the most important thing is to seek (or provide) the appropriate medical care that reduces the impact and severity of injury. Do not delay treatment, or try to “walk it off”. After a workplace accident, follow these steps:
Seek Medical Treatment. If you need emergency treatment, then call an ambulance and visit the nearest hospital. Generally, you will visit an employer approved doctor if you do not need immediate attention.
Report the Injury. You must inform your employer of your work injury within a specific time period. The sooner you file a report, the better your chances for a favorable claim.
Call a Construction Site Injury Lawyer. Before speaking to the insurance company or giving your employer a recorded statement, you should call a lawyer. An attorney can advise you of your rights and assist you in filing your claim.
Record All Symptoms and Treatments. Your attorney can help you keep records of your injuries and medical treatment. As a result, a Dallas workers compensation lawyer can use this data to help with your claim.
What If Another Contractor Contributed To My Injuries?
It could be that you can file a third party claim for your construction injury. A third party claim identifies parties other than your employer which contributed to your injuries. At construction sites, accidents are frequently caused by the negligence of other subcontractors, materials suppliers, drivers or property owners. In addition, other parties can include manufactures of defective products. Usually, injured workers can file third party claims against those responsible in addition to making a workers comp claim.
If an individual deliberately caused you an injury as an act of violence, then it is considered a criminal act, and you should contact the police even if the incident took place at work. The police may seek to prosecute the offender under criminal law, while you may also sue them in a civil case for your medical expenses and other damages.
Regrettably, it can be difficult to identify a third party that contributed to your personal injury. Thus, you should contact a construction site injury lawyer immediately. The longer you wait, the more likely it is that evidence will disappear. Our Dallas construction accident attorney is skilled at handling these types of personal injury cases. We can develop an effective legal strategy to maximize your fair compensation using both a workers compensation and third party claim. We also represent families who have lost loved ones to wrongful death in construction accidents.
How Can Aaron Allison Help?
At The Law Offices of Aaron Allison, we believe you deserve to be represented by an experienced attorney. If you have suffered a head injury, back injuries or other serious injuries in a construction accident, then we can help. Our legal team pursues every avenue of recovery to help you through personal injury and time away from work. Contact our firm online or call our office at 512-474-8346. We can review your claim and let you know how we can help with a free consultation.
Free Case Review
Not Seeing What You’re Looking For? We Also Help With:
“I looked at several attorney’s for my husband’s case, and Aaron looks like he was the best one. He was the best Worker’s Comp attorney in our area of Texas. So, we called and made an appointment for an initial visit. Once we talked to him we got that he knows his job. Plus he’s very nice and very personable. We could tell that right away.”
Aaron Allison has lived in Austin his entire life. He understands how the legal system works here. Instead of trying to navigate it yourself, trust a personal injury lawyer with decades of experience handling cases like yours. We hold negligent individuals, companies and employers accountable when they cause serious injuries or fatal accidents, and we do everything we can for you and your family. Schedule a free consultation with us.