346-590-6665Houston Construction Accident Lawyer
Helping Victims Navigate Legal Claims Related to Injuries on a Construction Site
Texas is one of the top states for the construction industry, and many residents work in the trades and on job sites where hazards can make their jobs more dangerous. The Occupational Safety and Health Administration (OSHA) is responsible for establishing and enforcing health and safety regulations to decrease accident rates and protect workers. However, to be effective, these standards must be implemented by companies and adhered to by workers, which doesn’t always happen.
Construction accidents are all too prevalent, and they can result in severe injuries, such as traumatic brain injuries, crush injuries, amputations, and electric shock. If you’ve been injured on the job, an attorney can help you understand your options for a construction accident case.
You need the construction accident attorneys at Moises Morales Law when you’ve been injured on the job. We understand the complexities and challenges of these cases and are prepared to help you navigate the aftermath, including filing for workers’ compensation benefits and understanding your legal rights. Call our Houston office at 346-590-6665 to learn how we can help.
What Are Some of the Most Common Construction Accidents?
Construction sites are full of hazards, which is why OSHA commonly requires companies to regularly inspect their equipment to ensure it’s in good working order, provide appropriate protective equipment for workers, and ensure that any potential harmful substances, such as hazardous chemicals, are properly labeled. However, companies don’t always adhere to these requirements, and accidents do still sometimes happen. Below are some of the most common types of accidents that occur in the construction industry.
Fall
Falls are one of the most common types of construction accidents, accounting for more than a third of all construction deaths. In an attempt to prevent a fall accident, OSHA regulations require construction workers to use fall protection equipment, such as a harness or guardrail system, if they are going to be working at least 6 feet above the ground.
Being Struck by an Unsecured Object
There are thousands of objects on a construction site, from tools to loose rocks and debris. When something unexpectedly falls or rolls, it can be impossible for construction workers to react quickly enough to move out of the way. In some cases, the object may also be swinging due to equipment failure, which can cause multiple injuries until it can be secured again.
Electrocutions
Exposed writing and potentially wet conditions can dramatically increase the risk of an electrocution on a construction site. Power tools may also not be securely plugged into outlets or may have old or frayed cords that can result in a shock. Construction sites often have a lot of exposed metal and tall structures, which can also increase the chances of electrocution from being struck by lightning if employees are working during a storm.
Caught In or Between
Caught in or between accidents are some of the most common causes of construction fatalities. These incidents include when a worker gets trapped between two objects or gets caught in a piece of equipment. When someone is trapped between two objects, such as a piece of heavy machinery and a wall, it can result in serious crush injuries or death. Being caught in a piece of machinery may result in death or an amputation if a limb gets stuck.
Fires
Many construction sites have flammable materials, such as chemicals, gasoline, and insulation. There are also several ways for fires to start, such as a spark from welding or metal grinding or an electrical malfunction. The combination of a spark and flammable materials can result in a fire that gets out of control quickly and results in serious injury. If someone is injured in a construction fire, it can result in extensive soft tissue damage and permanent disfiguration. Victims may need several reconstructive surgeries and will be at a higher risk of infection.
Accidents Involving Vehicles
Working on a construction site requires heavy equipment and vehicles, such as excavators, bulldozers, and dump trucks. These vehicles may need to maneuver through uneven terrain and unmarked areas, which can increase the chances of an accident. Many of these vehicles also have large blind spots that can make it more challenging for operators to see other workers. Being struck by heavy machinery can result in life-threatening injuries, and victims may need to take extended time off of work and receive ongoing medical treatment over several months.
What Are Your Rights as a Construction Accident Victim?
When you’ve been injured in a construction accident, you may be eligible for compensation from your employer or a third party if they were negligent in some way. However, Texas law does not allow injured workers to collect workers’ compensation benefits and sue their employer for negligence. Below is a breakdown of when workers’ compensation or a personal injury claim may apply.
Workers’ Compensation
One of the critical things to know about Texas is that not all companies are required to carry workers’ compensation insurance. However, those that do can provide reimbursement for medical expenses and some lost wages to workers who qualify.
To qualify for a workers’ compensation claim, the employee must have been on the job and the injury or illness must be directly connected to their work. Workers’ compensation does not apply when the person caused an intentional injury or was drinking or otherwise intoxicated.
If you’re planning on filing a workers’ compensation claim, you need an attorney with experience in this area. Companies and insurance providers may try to deny coverage by saying that you intentionally caused the injury or that your injury isn’t related to your job duties. An attorney can help you fight these claims to ensure you get what you deserve.
Personal Injury Lawsuit
There are many misconceptions about when someone can file a personal injury lawsuit after they’ve been injured at work. Because Texas does not allow victims to receive both workers’ compensation benefits and personal injury damages from an employer, a victim can generally only file a personal injury claim to recover compensation if one of two situations apply:
- The employer doesn’t carry workers’ compensation coverage
- A third party was responsible for the injuries
Personal injury claims require that you prove that the defendant was negligent in some way and that their negligence caused your injuries. You must also show that you incurred damages as a result of those injuries, such as medical expenses, lost income, or pain and suffering. Previous OSHA citations may help you prove your case.
An attorney can help you understand whether a workers’ compensation claim or personal injury claim is the right choice for your situation.
How Long Do You Have to File a Claim?
How long you have to file depends on the type of claim. If you’re filing a workers’ compensation claim, you have up to one year from the date of the accident or when you were diagnosed with a work-related illness. However, to be eligible to file a workers’ compensation claim, you must have met other time-sensitive requirements, such as reporting the injury to the company within 30 days.
If your claim involves a personal injury lawsuit, the statute of limitations is generally two years. If you don’t file within that timeframe, you lose your right to seek compensation for your damages.
Construction accident cases can be complicated, and it’s essential to ensure everything happens within the prescribed time limits to be eligible for the compensation you deserve. Talk to an attorney as soon as possible after your accident to ensure you know what you need to do next.
If you were injured in a construction accident, call Moises Morales Law at 346-590-6665. Our skilled OSHA attorneys can evaluate your case, explain your options, and help you take the appropriate next step. We’ve helped countless clients in and around Houston get the compensation they deserve.