Corpus Christi Common Construction Accidents Attorney
In June of 2013, four construction workers were injured at Texas A&M when a barn frame collapsed at the school’s equestrian complex. Later in the year, another construction accident occurred in Texas when a worker was killed while helping to renovate the football stadium. In May of 2014, two construction workers, who were working on I-10 East, in El Paso were killed by a suspected drunk driver. Sadly, construction accidents are common in Texas and across the country.
Construction worksites are inherently dangerous due to the presence of heavy equipment, heavy materials, and dangerous chemicals. Additionally, employees frequently work many feet above the ground on sometimes unstable structures with relatively weak guardrails. According to the Bureau of Labor Statistics, in 2011 nearly 20% of all workplace fatalities in the United States were from construction site accidents. Not surprisingly, many construction accidents would not have occurred but for negligence.
At Herrman & Herrman, P.L.L.C., we have years of experience representing clients who have been injured in various types of work-related accidents. If you were injured in a construction accident, contact one of our Corpus Christi construction accident lawyers, who will review the details of your case and help you secure compensation for your injuries.
Types of Construction Accidents
There are many different types of construction accidents. Scaffolding accidents can involve a worker falling from a high elevation and suffering a serious head or back injury. A crane accident typically involves an overturned crane, dropped load, or rigging failure. Electrocution accidents can also happen where a crane comes in contact with power lines. Construction workers can also be injured in slip and fall accidents as well as burn accidents and chemical exposure accidents. Any type of construction accident can leave the worker with a severe injury such as traumatic brain injury.
Most common types of construction site accidents that leave workers injured
- Falls
- Falling objects
- Electrocution
- Structure collapse
- Vehicle accident
- Exposure to chemicals
Types of Injuries or Medical Conditions Caused by These Accidents
- TBI (Traumatic Brain Injuries) or Head Injuries
- Welding jobs cause can lead to Toxic exposure to chemicals
- PTSD (Post-Traumatic Stress Disorder)
- Spinal Cord Injury or Paralysis
- Hearing loss
- Overuse damage or sprains caused by shoulder, knee, or ankle injury
- Vision loss or Eye Injuries
- Lacerations or Cuts
- Burns
- Fractures or Broken Bones
- Loss of a limb, finger, or toe
- Death
Ways to Prevent Construction Accidents
- Keeping a distance from heavy machinery making loud noises
- Wearing protective gear such as a helmet, jacket, heavy-duty gloves, etc.
- Proper lighting at darker work sites
- Removing any fake nails
- Always double-check equipment and make repairs right away
- having a safety net on unprotected sites
- Having healthy eating habits such as a properly balanced diet and adequate rest. Health and Fatigue can also cause accidents
- Proper training and knowledge of evacuation protocols
- Becoming a part of the safety program in your company
- Warning signs in unsafe/risky areas
Protection for Construction Workers
Oftentimes, construction injuries are due to the negligence of the employer. Due to the dangers of construction worksites, in addition to Texas rules, the Occupational Safety and Health Administration (OSHA) has issued detailed safety regulations. For example, OSHA rules require that construction site operators guard excavations and wall openings to prevent workers from falling. 29 CFR 1926.502. Should an employer fail to follow workplace safety regulations and, as a result, a worker is injured, then the employer is responsible.
Unlike in other states, in Texas, employers are not required to subscribe to Texas’ workers’ compensation insurance program. This does not mean that if an employer does not carry worker’s compensation insurance, the injured worker is out of luck. The employer can still be held financially liable and may still have to compensate the injured worker for his or her injuries.
We Represent Injured Construction Workers
Construction site accident cases are complicated, requiring an understanding of both federal safety rules as well as Texas safety regulations. If you are injured at a construction site, it is critical that you contact an attorney experienced with construction site practices and standards. Herrman & Herrman, P.L.L.C., is experienced in successfully representing clients in Texas who were injured in various types of construction accidents, such as scaffolding accidents, chemical exposure, ladder accident, and more.
WHAT ARE MY LEGAL RIGHTS IF I AM INJURED ON THE JOB?
In the past, when an employee sustained an on-the-job injury, he or she would simply file a workers’ compensation claim and receive benefits covering medical expenses and a reasonable percentage of lost wages. Most employers under state laws are required to carry workers’ compensation insurance. It’s a “no-fault” system, meaning the program provides benefits in exchange for the injured employee losing the right to sue the employer.
However, according to a report by NPR, numerous states have begun tearing apart the workers’ compensation programs – to the detriment of the hundreds of thousands of workers suffering work-related injuries every year. Cutbacks are leaving injured workers fighting to get adequate medical treatment and enough compensation to pay for the basics, and some have been driven into poverty.
Unable to work and paid only a small percentage of their regular wages, these injured workers are left with nowhere to turn. Taxpayers are being forced to cover the costs associated with workplace injuries, as injured workers have no other option than to seek aid from federal programs such as Social Security Disability Insurance, Medicare, and Medicaid to provide financial compensation for the costs that are no longer covered by workers’ comp.
While employers are paying the lowest rates seen since the 1970s, injured employees are suffering. This raises the question: if your employer’s workers’ compensation does not cover the costs associated with your workplace injury or your employer opts out of the program despite eligibility, do you have the right to sue?
What Can I Do If My Employer Does Not Have Workers’ Comp?
Employers who are eligible to obtain workers’ compensation insurance but opt not to carry this insurance, and third parties whose negligence may have contributed to an employee’s injuries, may find themselves facing legal action. In these situations, injured employees can seek justice and financial remuneration for their work-related injuries by filing a personal injury lawsuit.
Once an eligible employer chooses not to participate in the workers’ compensation program, that employer loses all of its common law defenses, such as contributory negligence or others. In these cases, it will not matter whether you were partially responsible for what happened. As long as it can be proven your employer was even one percent at fault for your injuries, an experienced attorney will be able to help you file a lawsuit to recover damages.
When to File a Third-Party Lawsuit
In the event a third party’s negligence contributed to the injuries you sustained in the workplace, you can file a lawsuit to recover damages. One example is when a manufacturer’s negligence resulted in a defective product or tool being sold to an unsuspecting customer, such as you or your employer. You expect the product to function in a certain way. When it doesn’t due to its defective condition or design and you are injured, you potentially have a product liability claim against the manufacturer of the tool. As long as evidence exists to prove your injuries were caused by a faulty or defective product, a failure to warn, or similar issues, you will have grounds to pursue damages through a third-party lawsuit.
In simple terms, if someone other than your employer played a role in causing your workplace injuries, filing a third-party lawsuit could be a possible course of action for you to pursue.
Sources:
- NPR: Injured Workers Suffer As ‘Reforms’ Limit Workers’ Compensation Benefits
CORPUS CHRISTI, TX WORKPLACE INJURY LAWYERS
At Herrman & Herrman, P.L.L.C., our workplace injury lawyers, in Corpus Christ, TX, pursue work-related injury claims on behalf of injured Texas residents.
Determining the party responsible requires thorough investigations with the help of our network of industry experts.
Attending to every detail helps us get to the facts and hold the negligent parties accountable for an accident that injured you or killed a loved one. Our Corpus Christi workplace injuries attorneys help to put you and your family on the road to recovery.
