Midland Construction Accident Lawyers
CALL (800) 863-5312 TO SPEAK WITH A MIDLAND CONSTRUCTION ACCIDENT LAWYER FOR FREE
A construction site is filled with dangers. Heavy machinery and objects are scattered all across a construction site. An error when dealing with these machines and objects can lead to a fatal accident. Because a construction accident can lead to injuries with long-lasting consequences, you may wish to know your rights after such an accident.
If you or your loved one has suffered an injury in a construction accident, you may be entitled to compensation. Call Zinda Law Group at (800) 863-5312 for a free consultation with one of our Midland construction accident lawyers.
Common Causes of Construction Accidents
Because construction jobs involve workers working at very high heights, it is not surprising that there are many fall injuries in the construction industry. Though construction companies are supposed to enforce the use of safety equipment such as lines and nets, many skimp out on these protections. Common injuries that result from falls are spinal cord injuries, brain injuries, broken bones, and internal injuries.
Power Tool Accidents
Power tools are frequently used in construction. However, these tools are inherently dangerous. Nail guns, power saws, drills, grinders, and other power tools can lead to severe injuries if misused. Injuries such as lacerations, puncture wounds, eye injuries, and amputations can result.
Heavy Machinery Accident
Bulldozers and cranes are common at construction sites. However, these vehicles can cause massive damage if their operators make an error or if the vehicles themselves have a defect. There have been many cases where a construction worker suffered crushed limbs because of these vehicles.
Construction projects often involve lifting heavy objects. Unfortunately, when these objects fall, they can cause extreme injuries.
Once a building’s frame has been established, construction workers generally install wires to provide electricity to the building. Unfortunately, this also means that electrocutions can occur. Severe burns or heart malfunctions can result from electrocutions.
Preventing Construction Accidents
There are many ways to lessen the risk of a construction accident. Below is a list of some of these ways.
To minimize the risk of an accident, barriers between the construction site and the area outside of the site should be established.
Providing and Maintaining a Guardrail
Because falls are one of the most common causes of construction worker injuries and deaths, employers can prevent falls by making sure that there are guardrails in place and making sure that they are well-maintained.
Clear Potential Hazards from Walkways
Wet or messy walkways are a safety hazard. Because slip and falls are also a major cause of construction worker injuries, employers should make sure walkways are dry and debris-free.
Construction tools range from the small power drill to the massive crane. Any of these types of equipment can cause severe injury if they happen to malfunction. Thus, it is important that employers make sure that construction equipment is checked frequently to make sure they do not malfunction when in use.
Construction workers work in a hazardous environment. Therefore, it only makes sense that they are prepared for the work through a safety training course.
Post Safety Signs
Safety signs can be an efficient way to prevent injuries by notifying workers of the potential hazards that may be on the site.
Providing Safety Gear
Hardhats and safety goggles are a must on construction sites. However, these are not the only safety equipment that workers should have. Depending on the dangerousness of the work involved, construction workers may need more safety gear.
Know Your Rights Under the Occupational Safety and Health Act
If you are a construction worker, know your rights under the Occupational Safety and Health Act (OSHA). As a construction worker, you are entitled to the following from your employer:
- Hazard-free workplace
- Safe tools and equipment
- The right to inform OSHA
- Safety training course
- Access to employee exposure and medical records
- Copies of hazard inspection documents
- Records of work-related injuries and illnesses
If your employer has not provided the above rights to you, you should contact the Texas OSHA state office through a written complaint. If the OSHA state office believes that you have a reasonable complaint, it will send an inspection team to check for violations.
Whom May I Sue?
Though a construction worker generally may not sue his or her employer if a workers’ compensation system is in place, not all Texas employers subscribe to workers’ compensation. Even if your employer does have workers’ comp, you may still sue your employer if they acted intentionally or extremely egregiously. You may also be able to sue a third party in some circumstances. Below is a list of some of the parties that may be sued.
- General Contractors – Contractors are generally required to provide a safe work environment in accordance with the Occupation Safety Health Administration (OSHA). A construction worker may sue the general contractor if he or she was injured because of the contractor’s failure to adhere to the OSHA safety guidelines.
- Manufacturers of Construction Equipment – A construction worker may sue a manufacturer of defective equipment.
- Architects and Engineers – Architects and engineers may sometimes fail to provide a structurally sound blueprint for a construction project. If, as a result, an injury occurs, then they may be sued as well.
Read More: Workplace Injury Lawyers
What to Do After a Construction Accident
1. Stop Working
Once you suffer an injury, stop working. Even if the injury may seem minor and you feel like you can finish your work, you should not do so as you may only worsen your injury. Furthermore, if you keep working, your workers’ compensation claim or personal injury lawsuit may be affected. A claims adjuster may doubt the severity of your injury by pointing out that you kept working even if you were injured.
2. Get Medical Attention
Seek medical attention as soon as possible. Whether your injury is minor or severe, you should go visit a doctor right away as you may not know the extent of your injuries until after a thorough examination.
3. Report Your Injury to Your Employer
No matter how insignificant your injury may seem, report the injury to your employer to keep a record.
4. Collect Evidence and Gather Witness Information
Even if your employer subscribes to workers’ compensation, be sure to always document and collect evidence from the scene of the accident as you may need it in order to sue other parties.
Witness testimony is also important. If there were witnesses to the accident, you should also get the names and contact information of the witnesses. If any of the witnesses took photographs or video recordings of the accident, ask them for copies. If you have a camera at the scene of the accident, take some photographs of the scene.
5. Get a Lawyer
Though your employer may subscribe to workers’ compensation, you may wish to seek counsel. This is because there is always the possibility that your workers’ compensation claim may be denied or be inadequate to help fully recover your injuries.
Learn More: Why Hiring a Lawyer Will Help Your Case
Can Injured Construction Workers Sue Their Employers?
Whether an injured construction worker can sue his or her employer depends primarily on whether the employer has purchased workers’ compensation. Texas, unlike other states, does not require employers in the state to carry workers’ compensation. If the employer does carry workers’ compensation, then the worker may not be able to file a lawsuit. If the employer does not carry workers’ compensation, then the worker may file a lawsuit.
What If You Were Injured at a Construction Site but not a Construction Employee
Construction workers, though the main recipients of injuries at a construction site, are not the only potential victims. Passersby can also suffer injuries. For instance, a pedestrian may be hit by falling debris while walking next to a construction site. In such cases, the injured individual should file a claim with the construction company’s liability insurance company.
Do You Need a Lawyer if You Were Injured in a Construction Accident?
A construction injury can involve many parties. As a result, the litigation involved can be complex. If you decide to file a lawsuit or handle a claim on your own, you may not know where to start. An experienced construction accident lawyer may help build your case from the ground up.
In general, an experienced lawyer may gather records related to your claim. These records include medical bills and insurance policy information. Such records will help the lawyer understand the extent of your injury and build a case for your compensation. If there was surveillance footage of the construction site or witnesses who saw the accident occur, the lawyer may also investigate these sources of evidence. After the investigation has been completed, the lawyer may negotiate with the opposing party and try to reach a settlement agreement. If settlement negotiations are unsuccessful, the lawyer may represent you at trial.
CONTACT A MIDLAND CONSTRUCTION ACCIDENT LAWYER
Our dedicated team of Midland attorneys at Zinda Law Group may be able to help you or your loved one after a construction accident. We believe victims shouldn’t have to worry about affording legal representation, which is why we work on a contingency fee basis. You don’t owe us anything unless we win your case. That’s our No Win, No Fee Guarantee.
Call us today at (800) 863-5312 for a free consultation with one of our Midland construction accident lawyers. We are currently offering virtual consultations during the COVID-19 crisis. We remain fully operational.
Meetings with attorneys by appointment only.