Construction sites can be hazardous environments due to dangerous equipment and tools, large machinery, and long hours on the job. Construction workers are at an even higher risk of suffering a serious injury if they’re dealing with faulty equipment and machinery, negligent safety practices, and other dangers.
If you were injured on the job due to the negligence of another, you must contact a Houston construction accident lawyer at the Ben Dominguez Law Firm as soon as possible. As a worker, you have the right to expect safe conditions on your job site. If your employer, a third party, or someone else caused an accident that resulted in you being seriously injured, a construction accident lawyer on our legal team will help you recover compensation for your medical bills, pain and suffering, and other losses.
When you hire a construction accident attorney can help you with your claim by:
Investigating the Accident
Your Houston construction accident attorney will conduct an in-depth investigation to gather evidence that can help strengthen your claim, establish liability, and prove your demand for compensation. Evidence can include a copy of the incident report, photos of the accident scene, photos of your injuries, video surveillance footage, witness statements, and expert testimony.
Assessing Damages
By reviewing medical bills, pay stubs, statements from your employer, and meeting with your treating physicians, your attorney can calculate your damages to ensure they pursue every penny of compensation you’re entitled to.
Consulting with Experts
Your attorney will consult with experts, such as economists, life care planners, forensic accountants, medical professionals, and other experts to learn more about your injuries, how they affect your life, your limitations, and your prognosis. Using this information, your attorney can determine the amount of compensation to pursue for damages associated with future medical treatment, lost wages, loss of earning capacity, and lost future earnings.
Handling the Insurance Company
An insurance company may try to pressure you into accepting a low settlement offer or request that you provide a recorded statement, which they will try to use against you. Once you hire a Houston construction accident lawyer at the Ben Dominguez Law Firm, they will handle all communication with the insurance company to prevent them from harassing you or trying to intimidate you.
Our experienced legal team knows how to negotiate with insurance companies and will go above and beyond to help you secure the fair settlement you deserve.
Filing a Lawsuit on Your Behalf
If the insurance company refuses to make a reasonable settlement offer, your attorney will be prepared to file a lawsuit on your behalf and present your case before a judge and jury. As they prepare your case for trial, they will continue to negotiate with the other party in an attempt to settle the case out of court.
Construction sites are considered one of the most dangerous work environments out there. However, a construction worker still has the right to feel protected and safe on the job. If you were injured in an accident on a construction site, you may feel overwhelmed and unsure of how you’ll make ends meet while continuing to recover from your injuries.
At the Ben Dominguez Law Firm, our Houston construction accident lawyers know how important it is to help injured workers recover the compensation they deserve, as soon as possible.
After a construction accident, your employer, the owner of the property, a general contractor, subcontractors,
architects and engineers, manufacturers, or suppliers can be found liable.
Your Employer
Your employer is responsible for providing a safe work environment and ensuring compliance with safety regulations. If you were injured on the job site due to dangerous or hazardous conditions, your employer could be held liable. If your employer participates in the workers’ compensation system, you will file a claim with workers’ comp, which will provide benefits, even if you were to blame for the accident.
Texas is the only state that allows an employer to opt out of workers’ compensation insurance. If your employer does not participate in the workers’ comp system, you may need to file a lawsuit against them to recover compensation for your accident-related losses.
Subcontractors
Subcontractors who were hired to perform specific tasks on the construction site may be liable for accidents caused by their negligence or improper work practices.
Owner Of the Property
The property owner may be liable for construction accidents if they fail to maintain safe premises or address known hazards on the property.
General Contractor
The general contractor oversees the construction project and can be held liable for an accident that occurs as a result of their failure to:
Implement proper safety protocols
Provide adequate training
Ensure compliance with safety regulations
A general contractor typically has control over the work site and bears responsibility for overall safety.
Architects and Engineers
Architects and engineers can be held liable for construction accidents if design defects or errors contributed to the incident.
Manufacturers and Suppliers
Manufacturers and suppliers of construction materials, equipment, or machinery may be held liable for accidents caused by defective products or inadequate warnings.
Testimonials
If you suffered injuries in a construction accident, you may be entitled to compensation for:
Pain and suffering damages are designed to compensate you for the physical pain and emotional distress you experienced due to the accident and subsequent injuries. Your attorney may ask you to keep a pain journal, detailing how often you’re in pain, the level of pain using a scale of 1-10, and how your injuries have impacted your life, such as chronic pain that prevents you from getting out of bed or physical limitations that prevent you from returning to work or caring for yourself. This documentation can strengthen your claim and prove your demand for pain and suffering compensation.
Your Houston construction accident attorney will pursue compensation for medical expenses that will include the initial emergency medical treatment and hospitalization, surgeries, rehabilitation, doctor’s appointments, medications, and physical therapy. If your injuries require lifelong care, your attorney will pursue compensation for future medical expenses.
If you were forced to miss work as you were recovering from your injuries, you can secure compensation for lost wages. If your injuries force you to switch careers or prevent you from ever returning to work, your Houston construction accident lawyer can pursue compensation for loss of earning capacity or lost future earnings.
If you lost a loved one in a construction accident that was caused by the negligence of a third-party, your attorney can help you file a wrongful death claim. Compensation can cover medical expenses, funeral and burial costs, loss of future income, mental and emotional anguish, loss of love and companionship, and more.
Common causes of construction accidents in Houston, Texas, include:
Falls
Falls from heights, such as ladders, scaffolding, roofs, or elevated work platforms, are a leading cause of construction accidents. Falls can occur for many reasons, such as poorly constructed scaffolding, slippery surfaces, lack of training, ladders that are not positioned properly, missing guardrails, or poorly rigged safety nets. Fall accidents can result in serious, life-changing injuries or even death.
Struck-By Accidents
Struck-by accidents involve the construction worker being struck by a falling, moving, rolling, or swinging object, such as debris, building materials, equipment, or tools. Depending on the type of object, the force, and the height the object fell from, this type of accident can result in a concussion, traumatic brain injury, soft tissue damage, broken bones, or death.
Electrocution
Electrocution can occur when workers come into contact with live electrical wires, faulty equipment, or conductive materials. Potential injuries can include muscle damage, internal organ damage, hearing loss, paralysis, cardiac arrest, nerve damage, or death.
Caught-in/Between Accidents
Workers can be caught in or between heavy machinery, equipment, or materials. This may happen during excavation, trenching, or when working with machinery that has moving parts. This type of accident can result in the construction worker being squeezed, pinned, or crushed between objects, such as machinery parts, materials, or a collapsing structure, causing severe, lie-threatening injuries
Collapse of Structures
Structural failures, such as building or trench collapses, can result in serious injuries or fatalities. This can occur due to design flaws, inadequate support, or poor construction practices. This type of accident can result in crush injuries, broken bones, neck, back, and spinal cord injuries, traumatic brain injuries, or death.
Defective Equipment
Malfunctioning or defective tools and equipment can pose a significant risk. This includes issues with power tools, machinery, and safety equipment that may lead to accidents.
Inadequate Training
Lack of proper training and awareness about safety procedures, equipment usage, and hazard recognition can contribute to accidents on construction sites.
Insufficient Personal Protective Equipment
Failure to use or provide appropriate personal protective equipment, such as hard hats, gloves, safety glasses, and hearing protection, can increase the risk of injuries.
Inadequate Safety Planning
Poorly developed safety plans and failure to conduct thorough risk assessments can result in unanticipated hazards and accidents.
Hazardous Materials Exposure
Construction projects involving hazardous materials, such as asbestos, lead, or chemicals, can pose risks if workers are not properly trained or if proper safety measures are not in place.
Overcrowded Work Areas
Overcrowded workspaces can lead to congestion and increase the risk of accidents, especially when multiple tasks are being performed simultaneously.
The most common types of construction accident injuries in Houston include:
Spinal cord injuries can result in partial or total, permanent or temporary paralysis. Permanent partial or total paralysis is one of the most costly injuries to treat, requiring life long medical treatment.
A simple break can heal in 6 to 8 weeks, while multiple bone fractures can take several months to heal, depending on the bones involved. Surgery, physical therapy, occupational therapy, and other forms of medical treatment may be required.
The loss of a limb can require multiple surgeries, extensive rehabilitation and physical therapy, with the added cost of prosthetics. Prosthetics can cost $5,000 up to $50,000 and must be replaced every 3 to 5 years due to general wear and tear and changes to the injury site.
Depending on the severity of the burns and the location of the burns, the injured individual may require multiple surgeries, skin grafts, and may be unable to ever return to work. During the recovery period, they are also at a high risk of infection and other health complications.
Soft tissue damage can involve muscles, ligaments, and tendons. Depending on the severity of the injuries and the area of the body affected, recovery time can range from several weeks to several months, preventing the injured party from working or participating in any type of physically demanding activity.
Whiplash, muscle strains, and neck sprains, pinched nerves, and cervical fractures can occur due to awkward positions, repetitive movements, falling objects, or overhead lifting. A neck injury can require surgery, extensive rehabilitation, and physical therapy.
Construction workers can sustain herniated discs, sprains, and strains due to repetitive twisting and heavy lifting, or fractures from falls or being struck by an object. Serious back injuries can require multiple surgeries and extensive rehabilitation, leaving the injured party out of work for several weeks or months.
A construction worker can sustain facial injuries such as soft tissue damage, bruises, cuts, broken bones, eye injuries, and burns due to fires, falls, being struck by a falling object, or contact with machinery.
A construction worker can be exposed to gases, mists, fumes, and dust, which can cause respiratory issues such as asbestos-related diseases, silicosis, chronic obstructive pulmonary disease (COPD), asthma, or lung cancer.
The statute of limitations In Texas for construction accident claims is two years from the date of the accident. If you fail to meet this deadline, your case will be dismissed and you will be unable to pursue compensation for all accident-related damages. When you hire an attorney at the Ben Dominguez Law Firm, they will handle every aspect of your case, including filing your lawsuit within the statute of limitations. When you work with us, you can focus on recovering from your injuries, while we fight for the fair compensation you deserve.
According to the U.S. Bureau of Labor Statistics, there were a total of 140 construction site fatalities in 2022. These fatalities were caused by violence by persons or animals, transportation incidents, falls, trips, slips, exposure to harmful substances or environment, and contact with objects and equipment. The leading cause of construction site fatalities in 2022 involved falls, trips or slips, with a total of 46 deaths.
Below, you’ll find statistics for the causes of construction site fatalities in Texas in 2022, provided by the U.S. Bureau of Labor Statistics
If you were injured in a construction accident, you must take legal action as soon as possible. At the Ben Dominguez Law Firm, our construction accident lawyers have extensive experience handling complex accident claims. If you have been injured in a construction accident in Houston, our legal team can help.
We will work tirelessly to build a strong case that will hold the at-fault party responsible for your medical bills, pain and suffering, and other damages. Contact our office today to learn more and schedule a consultation.
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If you were involved in an accident in Houston, TX, that was caused by the negligent, reckless actions of another, a Houston personal injury lawyer at the Ben Dominguez Law Firm can help. We understand how devastating the aftermath of an accident can be, especially if you’re recovering from severe injuries, and we want to help you obtain the justice and compensation you deserve.
Contact us today to schedule your free consultation and learn how the legal team at the Ben Dominguez Law Firm can help.
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