Houston Construction Accident Lawyer

As you’re likely aware, work in some industries is more dangerous than others, and construction work is at the top of the list. From falls to electrocutions, the potential for crush or caught-in injuries, and more, there are many factors that put builders’ lives at risk on a daily basis.

U.S. Bureau of Labor Statistics data shows that 127 construction workers died in Texas in 2021. It’s likely an exponentially higher amount suffered severe, life-altering injuries. In fact, we know that’s the case, as each Houston construction accident lawyer on our team has helped a significant number of those individuals.

We want to be there for you to hold those who let you down by failing to keep you safe from harm accountable, despite it being their obligation to do so.

So, let’s discuss what happened to you and how you anticipate your injuries or the loss of a loved one are likely to impact your life. That consultation is free and will help you more clearly understand the rights Texas law affords those who are senselessly hurt like yourself.

Common Causes of Construction-Related Injuries

Worksites where building projects are occurring can be dangerous to navigate with all the potential hazards that exist around them. The Occupational Safety and Health Administration (OSHA) has identified what it refers to as its “Construction Focus Four,” detailed below, which it deems to be the four most common ways contractors on these job sites get hurt:

• Burns and electrocutions: In addition to overhead power lines, there are often a lot of electricity-powered devices being operated on job sites. Combine that with moving vehicles, the potential for inclement weather, the overpowering of circuits, and more, and you have a potentially dangerous situation conducive to fires igniting, causing burns, or electrocutions.
• Falls: Faulty scaffolding, especially if accompanied by a lack of fall protection equipment like harnesses and nets, can result in a construction worker falling a short distance to one level below, which can cause serious injuries, or all the way to the ground if working on a taller office building, a situation which can easily take their life.
• Struck-by injuries: Untethered tools, like saws or drills, or improperly stabilized heavy machinery, like cranes, can easily fall on top of anyone around them, causing them to suffer struck-by or crush injuries, forever altering their lives or killing them.
• Caught-in or between injuries: OSHA defines these injury events as “resulting from a person being squeezed, caught, crushed, pinched, or compressed” in machinery or between two objects, such as a dump truck and a wall or under a construction vehicle like a tractor if it flips over on its side. Situations like these can sever body parts or cut off the blood supply to a person’s trapped ones, leading them to need surgical intervention, such as an amputation, to preserve a victim’s life.

While the different injuries described above can certainly result in workers suffering injuries, they may not describe all of the perils someone, like a member of a road construction crew, may face.

One danger particularly unique to these individuals is the risk of being struck by reckless drivers who do not slow down, maintain their line, or otherwise engage in carelessness, putting them in harm’s way.

Potential Responsible Parties When Building Contractors Get Hurt

While some construction workers are permanent employees who work full-time for a specific employer, others working on these job sites like this are independent contractors, subcontractors, or day laborers.

A victim’s employment status and the circumstances surrounding how they were injured may impact who they can potentially file a claim against and the compensation they can recover by doing so.

For example, an permanent employee may be eligible to receive Texas workers’ compensation, which may entitle them to employer-covered medical care and lost wages if their condition prevents them from immediately returning to work.

Also, should a defective piece of machinery be deemed responsible for injuring them, they would may potentially file a third-party lawsuit against the designer, manufacturer, or distributor of that product per our state’s product liability laws.

If successful, the worker could recover compensation for noneconomic losses, like pain and suffering, and other accident-related losses as well.

As another example, if a contractor gets hurt, while they may not be eligible for workers’ compensation since they don’t work directly for any employer, they may be entitled to file a third-party lawsuit as described above, against the developer who owns the property, or another related party.

In addition to property owners and construction or product companies, additional parties that may be responsible for your injuries include:

• Engineers
• Architects
• Inspectors
• Fellow construction workers
• Rental companies

Long story short, filing a claim or lawsuit is often much more involved than what meets the eye.

You can’t just say that someone caused you harm, but you have to show evidence that substantiates your claims.

Establishing That Negligence Occurred on a Construction Site

The “standard of care”, is an obligation to look out for the safety of others, and is at the heart of determining whether someone was negligent or not in personal injury cases.

If someone violates their duty to protect the safety of others by engaging in careless, reckless, deceptive, or other negligent behaviors, our state’s laws allow victims to recover compensation.

Victims must be able to show causation, a connection between that breach of duty and the harm that they suffered, and that those injuries caused them to incur damages.

Evidence That May Substantiate Your Liability Claims

We always recommend notifying your employer or the foreperson immediately after you get injured so that they can produce a report of what happened.

Filing a police report may be warranted in some cases as well. The onus falls on you, as the injury victim, to build a strong and compelling case, whether there’s a risk that a workers’ comp insurer denies your claim or because if you don’t, no one else will.

As such, any Houston construction accident lawyer would advise you that compiling the following evidence, will be critical to you putting forth a strong claim:

• Photographs or videos: This may be of the site where the incident occurred, the product that maimed you, or your injuries
• Eyewitness statements: For example, written statements from bystanders, security guards, or colleagues
• Physical evidence: Items or materials that show the actual defect in a product, for example

Deadlines for Filing Claims After You Suffer Construction Injuries

There are stringent employer notification requirements that apply in workers’ comp cases.

Plus, it matters how soon you go to the doctor after your injury incident, so be sure to speak with an attorney about deadlines that may apply to you if your supervisor or employer isn’t forthcoming with that information.

Since we regularly help construction injury victims file third-party claims, we can advise you that the statute of limitations for taking legal action is two years. After that, you may be unable to file a claim to secure compensation except under very limited circumstances.

Seeking Guidance from Experienced Construction Accident Lawyers

The best thing that you can do, if you’ve suffered on-the-job injuries while working in the construction industry, is to discuss what happened with an attorney. Experience matters when it comes to deciding if you have a viable claim and, if so, holding all possible liable parties financially accountable for their actions.

Contact our law firm, Barrera Law Group LLC, to schedule an initial consultation. A Houston construction accident lawyer will discuss how you got hurt, what your prognosis is, and will advise you of your rights from there.