Construction Accident Injury Attorney
Houston Construction Accident Injury Attorney Joe Stephens has been helping workers and their families recover compensation for injuries suffered in construction site accidents for 22 years. He is board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and in Civil Trial Advocacy by the National Board of Trial Advocacy. His success in the courtroom is well known to industry because of the large verdicts he receives. Your case will receive the same attention to detail, and its value depends on the facts of your case.
If you were hurt in a workplace accident, you should be aware construction accidents are often the result of negligence on the part of one or more insured third parties from you could claim compensation in addition to that through your employer’s Workers’ Comp insurance. Equipment manufacturers, property owners, and equipment leasing companies may share in the liability for your injuries if they occurred while you were using unreasonably dangerous or defective construction tools or were working in an unsafe location.
Construction Accidents - An Overview
Construction workers face some of the most dangerous working conditions in the country on a daily basis. Although there are regulations, statutes, ordinances and industry standards that mandate employers must provide a reasonably safe working environment, construction workers still suffer serious injuries at an alarming rate.
The sheer number of hazards on a construction site makes it virtually impossible to prevent all injuries from occurring. These hazards include falls from scaffolds and other elevations, being struck by moving or falling machinery, electrocution, health hazards resulting from exposure to asbestos and chemicals, injuries caused by defective or unsafe equipment, and lifting and repetitive motion injuries.
Who May Be Liable For A Construction Site Injury?
There are many different parties who may be liable when a construction worker suffers a work-related illness or injury:
- Property owners
- General, prime and sub-contractors
- Architects, engineers or other designers
- Construction managers
- Suppliers and manufacturers of equipment and materials
- Insurers
The liability of these various parties depends on the type of management and oversight system of the construction project. The main legal question with regards to liability for construction workers' injuries concerns who maintains control and authority over the property where the work is being done and the type of work that is being done. For example, in larger projects, much of the work is delegated out, whether by general contractors or a construction management organization.
It is important to name all potential liable parties at the outset of any litigation to preserve your claim against them. An experienced construction litigation attorney can help you determine who the responsible parties may be according to the specific circumstances of your case.
OSHA & Safety Regulations
Safety regulations under the Occupational Safety and Health Act of 1970 (OSHA) have been adopted by most states in some form, and these regulations apply to work done at construction sites. The issue of who is responsible for ensuring compliance with OSHA regulations (i.e. general contractor or sub-contractor) often turns on who was in control of the job site or job activity when the injured employee was hurt. The legal effect of a violation of OSHA regulations will vary depending on the state in which the injury took place. In certain jurisdictions, if it can be shown that an OSHA regulation was violated and an injury resulted, no additional evidence is needed to establish that the employer was negligent.
OSHA regulations are not the only legal standards to which a property owner, general contractor or sub-contractor may be held in determining liability for a construction accident. Often the property owner or general contractor will have his or her own set of safety rules, either generally applicable or specific to the construction project at hand, designed to protect those performing work on the project. Violations of these regulations may serve to support a claim for a construction accident.
Pursuing A Claim For A Construction Accident Injury
If you have been injured as a result of an accident at a construction site, there are a number of things you can do to protect yourself and your legal rights:
- Report the injury to your employer and/or construction site manager as soon as possible, and note the name and position of the person you notified
- Get the names and contact information of anyone who may have witnessed the accident
- If possible, try to preserve any evidence related to your injury by taking photographs of the area where you were injured (and the injuries themselves), or keeping the equipment or tool that was involved in your injury
- Get medical attention for your injuries
- Consult an attorney as soon as possible to help you evaluate any potential claims and discuss your state's workers' compensation laws
Your case may be won or lost based on the work done before it ever goes to trial. Discussing your case with an attorney who is experienced in the area of construction injury law is the best way to protect your rights.Contact an attorney experienced in handling construction accident injury cases as soon as possible following your job-related injury.
Construction Injuries at a Glance
According to the US Department of Labor Bureau of Labor Statistics, the construction industry accounts for the highest number of worker fatalities of any industry. Hazards posed by construction sites include exposure to noise, dust and other chemicals, working from high elevations and in confined spaces, working with power tools and other mechanical equipment, exposure to electricity, and performing excavations. More information on the specific types of injuries suffered by constructions workers is provided below.
What Types of Injuries?
· Falls
Falls are the most common source of injury and death for construction workers. While the greatest number of falls occurs from ladders and scaffolding, construction workers also suffer serious injuries and die in falls from roofs, buildings, openings in structures, and stairs and steps.
· Electrocution
Construction workers also are at risk for injury and death from electrocution or other electric injuries, such as electric shock and burns. These types of injuries are not only caused by contact with power lines and other sources of high voltage. Construction workers also can be injured by contact with faulty wiring, broken light bulbs or other equipment in contact with an electric source, like a ladder.
· Cave-Ins
Construction workers involved in excavation work face the possibility of cave-ins. General contractors should take precautions before the excavation project begins to limit the possibility of a cave-in from occurring. For example, OSHA standards require employers to create a support system designed to protect workers from the hazards created by the specific type of excavation work, the environment of the site, such as soil type, water flow, climate, and other factors.
· Other Injuries
Construction workers also face injury from a number of other sources, such as defective machinery and tools, bodily and head injuries from falling objects, and illnesses from ingesting silica-based dust, asphalt fumes and other chemicals, among others.
Workers' Compensation
If you have been injured while working at a construction site, your financial recovery may be affected by workers' compensation laws, depending on your employment situation and the degree of liability on your employer's part. Following is a brief examination of the typical workers' compensation procedure. Keep in mind that parties other than your employer may be legally responsible for your injuries (such as third-party contractors, property owners or equipment manufacturers) and your recovery from those parties will not be affected by workers' compensation laws. If you or your loved one has suffered injuries as the result of a construction accident, consult a workers' compensation attorney to learn if you qualify for benefits.
What Is Workers' Compensation?
Workers' compensation is a system of laws outlining specific benefits to which an injured employee is entitled, which may include lost wages, medical expenses, disability, and rehabilitation benefits. Most businesses must have workers' compensation insurance to cover its employees. Filing a workers' compensation claim is similar to filing any other insurance claim. It isn't a lawsuit against an employer, but rather a request for benefits.
Under most workers' compensation programs, an injured employee is entitled to:
· Medical Care
The injured party has the right to all reasonably necessary treatment to cure or relieve the effects of the injury. While benefits may vary by state, this usually includes medical bills, prescriptions and reasonable travel expenses for necessary visits to the doctor for treatment.
Under workers' compensation benefits, an injured worker might have to use a company-approved doctor for treatment. Workers will want to check with their employers about this requirement, and discuss any other available options for medical care with their attorneys.
· Disability
If the injured worker must take time away from work either temporarily or permanently due to medical reasons related to the injury, he or she may be entitled to disability payments. There are specific maximum and minimum limits to the pay rate, and the amount varies by state. There are four different types of disability an injured worker may qualify for: temporary total disability, temporary partial disability, permanent total disability and permanent partial disability.
Temporary total disability is the most common type of disability and is available during the period of time workers need to heal before they can return to their jobs. States have varying standards to determine if you are eligible for this type of benefit. Workers generally are paid a percentage of their wages, although states may have different formulas for determining the amount.
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· Rehabilitation
There are two different types of rehabilitation benefits: physical and vocational. Generally, physical rehabilitation is intended to help an injured employee cope with and overcome the effects of the disability. This can include physical therapy and other assistance to help the employee return to the type of work they were doing before the injury.
If the injury is severe enough that an employee will be unable to perform the duties of their old job, then vocational rehabilitation may be available. This type of rehabilitation focuses on job training so the worker can return to the workforce in a new capacity.
· Death Benefits
If an employee suffers an injury at work or while performing job-related work and dies from that injury, the employee's surviving family members are entitled to death benefits. While it is usually the spouse, children, or parents who qualify for these benefits, some states allow other extended family members to collect if they were dependent on the deceased worker's financial support.
What To Do If You Are Injured
Here are tips for filing workers' compensation claims if you are injured on the job:
· Report the injury to the employer
If possible, report the injury in writing and keep a copy of the report for your records.
· Complete a claim form
No matter how the employer learns of the incident, they must offer the injured worker a claim form immediately. Until this claim form is completed, the employer has no obligation to provide benefits. Make sure it is filled out completely and correctly. Keep a copy of the claim. It is then the employer's responsibility to notify the workers' compensation insurance company.
· File the claim as soon as possible
Those seeking to claim workers' compensation benefits should do so quickly. Any delay on the injured worker's part could lead to potential delays or even a loss of benefits. Immediately reporting injuries and filing a claim increases the likelihood that benefits will begin quickly.·
Workers' compensation laws and benefits vary greatly by state. An attorney experienced in handling construction accident and workers' compensation cases can explain your particular state's laws and help you determine the best course of action to take.
OSHA and Employee Workplace Rights
OSHA safety standards and regulations apply to construction projects, so it is helpful to have a general idea of your rights under OSHA as an employee at a construction job site. If you or your loved one has suffered injuries as the result of a construction accident, consult an attorney to learn more about your rights regarding compensation.
OSHA and Employee Workplace Rights
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OSHA safety standards and regulations apply to construction projects, so it is helpful to have a general idea of your rights under OSHA as an employee at a construction job site. If you or your loved one has suffered injuries as the result of a construction accident, consult an attorney to learn more about your rights regarding compensation. A lawyer experienced in construction accident and injury litigation can explain your rights to you.
Employee Rights Under OSHA
The Occupational Safety and Health (OSH) Act of 1970 created the Occupational Safety and Health Administration (OSHA) within the Department of Labor with the mission to reduce workplace hazards and create a system of health and safety regulations and programs.
Under OSHA, employees are granted certain rights, including:
- The right to obtain training from their employer on any chemicals or other hazardous materials they may be exposed to or working with, such as blood-born pathogens
- The right to information about OSHA standards, job hazards, worker injuries, and workers' rights from their employer
- The right to request that a dangerous condition or OSHA violation is corrected by their employer
- The right to file a complaint to OSHA of a violation or serious hazard in the workplace and to have their name withheld from their employer open request to OSHA
- The right to be involved in any OSHA inspection, find out the results of the inspection, and, if necessary, appeal the final action
- The right to file a complaint to OSHA without possibility of retaliation or other discriminatory acts by their employer
Employer Obligations Under OSHA
Among the obligations imposed under OSHA, employers have a duty to:
- Provide employees a reasonably safe work environment free from recognized hazards
- Comply with OSHA standards and ensure the work environment conforms with those standards
- Provide employees with the appropriate safety equipment and training and maintain the safety of the equipment
- Post the OSHA poster that lists employees' rights and obligations in a prominent location
- Keep records of all work-related injuries and illnesses and provide access to this information to employees, former employees, and their authorized representatives
- Do not retaliate or discriminate against employees who file a claim with OSHA or otherwise exercise their rights under OSHA
Employees also have certain obligations under OSHA, including compliance with OSHA and employer safety standards, use all necessary protective equipment (like ear plugs, safety goggles), and report any on-the-job injuries or illnesses to their employer immediately.
OSHA Inspections
If an employee believes that his or her workplace is hazardous or is otherwise dangerous, the employee can submit a written complaint to the nearest OSHA office. OSHA then will make a determination of whether there are reasonable grounds for believing a violation or other danger exists and whether a workplace inspection is necessary. If it is determined that one is necessary, an inspector will visit the worksite and inspect the premises for unsafe working conditions. During this inspection, a representative of the employer and a representative of the employees may accompany the OSHA inspector during the walk-around. The employer is not allowed to choose the employee's representative. The inspector also may collect evidence during the inspection, including taking photographs and samples, and interview employees and employers. The inspection by the OSHA representative is not limited by the conditions listed in the complaint and he or she may review the entire premises. There are few limitations on the inspection itself: it may not disrupt the employer's operations, it must be during regular business hours and it must be reasonable in nature.
If you suspect that your employer is in violation of OSHA requirements, or if you have been injured as a result of an OSHA violation, contact an experienced attorney in your area. An attorney with experience in handling construction site injury and OSHA violation cases will know how to uncover all of the parties who may be responsible for your injuries.
Construction Accident Resource Links OSHA - Employee Workplace Rights From the Occupational Safety and Health Administration. What to do if you question the safety of your workplace. Lists addresses and phone numbers for more information. OSHA - Construction Scaffolding Overview, press releases, links, OSHA standards and regulations, and a "Scaffolding eTool", which provides illustrated safety checklists for specific types of scaffolds and identifies hazards. National Institute for Occupational Safety and Health The National Institute for Occupational Safety and Health (NIOSH) is the federal agency responsible for conducting research and making recommendations for the prevention of work-related disease and injury. |
Joe Stephens has extensive experience seeking compensation for people injured in many types of construction site accidents. Contact Joe Stephens to schedule a no-cost consultation to discuss your legal options.
We represent people injured in construction accidents such as:
- Scaffold accidents
- Injuries from defective industrial equipment
- Accidents involving contact with high voltage lines
- Construction truck accidents
- Burns from welding injuries
- Injury or illness caused by chemical exposure
- Injuries from falling objects
Do you have a third-party liability claim?
The construction industry accounts each year for the largest number of occupational injuries and deaths across the country. According to the U.S. Bureau of Labor Statistics, Texas has ranked either first or second in the number of workplace injuries per year since at least 1992, and construction accidents caused the largest number of those injuries. One-forth of those accidents involved laborers, and a disproportionate percentage involved Hispanic workers.
Workers injured in construction accidents are usually entitled to Workers’ Compensation benefits, but those benefits can be very limited. Whether compensatory damages are also available depends on the often complex relationships between general contractor and subcontractors on the work site.
We will thoroughly investigate all potentially liable parties and all sources of compensation that may be available to you. Contact Joe Stephens and schedule a no-cost consultation to discuss how we can help.
If you have questions about personal injury or wrongful death claims, please take a look at our Frequently Asked Questions about Personal Injury and Wrongful Death page of this Web site.
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