Construction sites can be dangerous places. Workers are often operating heavy machinery, working at heights, or exposed to hazardous materials. When proper safety precautions are not taken, the results can be catastrophic.
The injuries caused by construction accidents often require extensive medical treatment and prevent victims from working for long periods. The financial costs of medical bills, lost income, and disability can be financially devastating without help.
At Husain Law + Associates — Houston Accident & Injury Lawyers, P.C, our attorneys have extensive experience representing victims of construction accidents in the Dallas area. We are dedicated to helping injured workers and their families pursue maximum compensation through skilled negotiation or litigation. No case is too complex for our team. We have the resources to investigate accident causes, prove negligence, and fight back against uncooperative insurance companies. Most importantly, we provide compassionate counsel to clients during an incredibly difficult time.
Therefore, if you are a construction accident victim in Dallas, you can trust us to aggressively pursue your rights and best interests.
What are the most common causes of construction accidents in Dallas?
The most common causes of construction accidents in Dallas and across Texas include:
- Falls – Falls from ladders, scaffolds, roofs, and other elevated work areas are a leading cause of construction injuries and fatalities. Failure to provide proper fall protection is often a factor.
- Struck By Objects – Construction workers can be hit by falling debris, heavy equipment, and vehicles moving around the work site. Being struck by an object is a major hazard.
- Electrocution – Contact with live wires, defective tools, and poor electrical safety practices can result in electric shock injuries on construction sites.
- Trench Collapse – When trenches or excavations are not properly shored up, workers are at risk of being trapped or buried in a cave-in.
- Heavy Equipment Accidents – Backhoe loaders, bulldozers, and other large machines pose rollover, ejection, and collision hazards.
Proper safety training, following OSHA regulations, and using caution around hazardous equipment and worksites can help reduce risks. However, construction accidents still happen due to negligence and oversight.
What are the most common construction accident injuries in Dallas?
Some of the most common injuries suffered in Dallas construction accidents include:
- Traumatic brain injuries – Workers hit by falling objects or who fall can suffer concussions, skull fractures, bleeding in the brain, and other TBI.
- Spinal cord injuries – Falling from heights, electric shock, and heavy compression can damage the spinal cord and cause temporary or permanent paralysis.
- Broken bones – Fractures to the arms, legs, hands, ribs, and other bones are very common. Compound fractures that break through the skin are especially severe.
- Crush injuries – When workers are pinned or crushed by machinery, vehicles, or collapsing trenches and structures, it can cause severe trauma.
- Amputations – Power tools, heavy equipment, and workplace accidents can sever the fingers, toes, hands, arms, and legs of construction workers.
- Internal injuries – Being struck by objects, hit by machinery, or crushed can damage organs and internal systems.
- Burn injuries – Electrical burns, chemical burns, and fire hazards can leave disfiguring and painful burn wounds.
The right emergency care and long-term treatment are crucial for recovering from these traumatic construction injuries.
What steps should an injured construction worker take after an accident in Dallas?
Construction workers injured on the job in Dallas should take these important steps:
- Get medical help – This may involve calling 911, onsite first aid, or going to the emergency room. Prompt treatment can make a big difference in recovery.
- Report the incident – Notify a supervisor and make sure the accident is properly documented with the construction company.
- Gather evidence – Take photos of unsafe conditions, keep records of medical treatment, and collect witness statements.
- Consult an attorney – An experienced construction accident lawyer in Dallas can protect your rights to workers comp, help get medical bills paid, and pursue injury damages if negligence was involved. However, you should make sure that you opt for a lawyer who specializes in cases like yours. For example, if the accident takes place at an airport, then going for an aviation accident lawyer in Houston who specializes in handling construction accidents will be ideal.
- File a workers comp claim – For most construction accidents, workers comp benefits will help pay for medical treatment and replace lost wages.
- Don’t rush back to work – Make sure you are fully recovered before returning to construction duties so you don’t reinjure yourself.
Following these steps helps ensure construction accident victims get the compensation, treatment, and support they deserve.
What compensation is available after a Dallas construction accident?
Construction workers injured in workplace accidents in Dallas may be eligible for:
- Workers compensation – Pays for medical treatment, therapy, and rehabilitation, as well as 67% of average weekly wages lost while recovering.
- Personal injury damages – If negligence by a third party contributed to the accident, additional damages for pain and suffering, loss of future income, and other losses may be recovered.
- Social Security disability – For career-ending injuries, SSD benefits provide income replacement.
- Private disability insurance – If you have disability coverage, it can replace lost wages not covered by workers comp.
Experienced Dallas construction accident lawyers can help injured workers recover damages and pursue all available sources of compensation. However, maximum benefits are not guaranteed – you have to plead your case to get fully compensated.
What are the time limits for filing a workers comp claim in Texas?
In Texas, injured construction workers must notify their employer and file a written workers comp claim within 30 days of their accident to maintain eligibility.
However, exceptions are made for “good cause” – if you were physically unable to file or did not realize the extent of your injuries within 30 days. In that case, you can still request workers comp. But do not delay too long.
For illnesses and diseases caused by work (like lung disease from asbestos), you have 30 days from the date you realized the condition was work-related to file your claim.
Overall, it is best to file your workers’ compensation claim as soon as possible to get your benefits started and avoid any disputes over eligibility. A construction accident lawyer in Dallas can help you meet the filing deadline.
Can an undocumented construction worker file a workers comp claim in Texas?
Yes. Undocumented construction workers still have legal rights and are eligible for workers’ compensation benefits under Texas law if injured on the job.
Employers often argue undocumented status disqualifies a worker. However, courts have consistently ruled that immigration status does not prevent an employee from receiving medical care, lost wages, and other benefits after suffering a workplace injury.
That said, undocumented workers face particular challenges in proving wages and employment status. The good news is that an experienced Dallas construction accident attorney can protect any undocumented construction worker’s rights and get evidence to support their claim.
Can I sue my employer directly for a construction site injury in Texas?
Generally no. In Texas, workers’ compensation is usually the exclusive remedy against your direct employer for a workplace injury.
You trade the right to sue your boss directly in return for the no-fault worker’s comp benefits system. There are some very limited exceptions – such as an employer intentionally harming you.
However you can pursue third-party liability claims against contractors, manufacturers, property owners, and others whose negligence may have contributed to the construction site accident.
Your construction accident lawyer in Dallas can help identify all potential liable parties.
How much is my construction injury case worth in Dallas?
The value of a Dallas construction accident claim depends on factors like:
- Severity of injury – Permanent disabilities and serious injuries warrant higher damages. Minor short-term injuries warrant less.
- At-fault party – Cases against third parties often recover larger settlements than workers’ compensation. For example, if after a construction accident, you go to a hospital for treatment and you end up suffering more harm due to a physician’s negligence, a Houston medical malpractice lawyer may be able to get you a larger settlement through a malpractice lawsuit.
- Lost income – Higher past and future lost wages justify higher damages.
- Medical costs – The higher the cost of medical, therapy, and life care, the higher the potential damages.
- Pain and suffering – More painful injuries and reduced quality of life increase non-economic damages.
- Dispute risks – Unclear fault and legal disputes may lower settlement value. Clear liability raises value.
Almost every good construction accident lawyer in Dallas considers these factors when valuing a claim. Essentially, they ensure that the settlement or award amount covers all your losses.
Is a workers comp settlement taxable income in Texas?
No. Workers compensation benefits are not considered taxable income under federal tax laws or Texas state tax laws. This includes any settlement from the workers’ comp insurance carrier to resolve your claim.
However, if you receive damages from a third-party liability claim in addition to workers comp, those monetary damages for pain and suffering, loss of consortium, and other losses would likely be taxable.
An experienced construction accident lawyer in Dallas can advise you on any tax implications of your injury settlement options. This can help you avoid any legal trouble while also allowing you room to maximize your total recovery amount.
Can you be fired for filing a workers comp claim in Texas?
Technically no. Texas law prohibits employers from firing or retaliating against an employee for filing a valid workers comp claim after a workplace injury.
However, some unscrupulous employers try to find a pretext to terminate injured employees to intimidate them or avoid higher premiums. This is illegal.
If you are fired, demoted, or punished soon after filing your workers’ comp claim, contact a construction accident lawyer in Dallas immediately about retaliation. You can recover damages and get your job back.
Do OSHA regulations apply to all construction companies in Texas?
Yes. All construction companies and sites in Texas are required by law to follow federal Occupational Safety and Health Administration (OSHA) regulations as well as Texas health and safety standards.
Even very small construction companies with only a handful of employees must comply with OSHA regulations on things like:
- Fall protection
- Trenching and excavation
- Electrical safety
- Personal protective equipment
- Hazard communication
Failure to follow OSHA and Texas construction safety rules can result in citations, fines, and increased liability if an employee is injured due to the violation.
When is a construction company liable for a subcontractor’s negligence?
General contractors and construction companies have a duty to ensure overall worksite safety. They can be held liable if their subcontractor’s negligence causes a workplace accident or injury.
For example, if a subcontractor fails to shore up trenches properly and a collapse injures a worker, the general contractor may share liability for failing to inspect the trenching process.
Likewise, if a subcontractor’s employee lacks proper training or engages in reckless behavior that injures another worker, the general contractor may share liability for inadequate oversight.
This is referred to as “vicarious liability.” It is one of the avenues that experienced construction accident lawyers pursue to maximize their client’s recovery.
How are construction fall injury cases different from other injury cases?
Construction fall injury cases differ from other job site injuries in several key ways:
- Strict liability – If proper fall protection like guardrails is not provided, liability is more clear-cut.
- Higher damages – Falls often cause very serious injuries that warrant larger settlements.
- Special laws – Specific OSHA and Texas construction codes apply to falls. Evidence focuses on compliance.
- Comparative negligence – Worker’s responsibility for not using proper safety gear may reduce damages.
- Multiple liable parties – Contractors, safety managers, and equipment manufacturers may share the blame.
Experienced construction accident lawyers in Dallas know how to overcome defense arguments of comparative negligence to win maximal damages for their injured clients. As a result, they often come in handy.
What equipment defects lead to construction accident lawsuits in Dallas?
Faulty or dangerous construction equipment often contributes to workplace accidents. Some common equipment defects that spark lawsuits include:
- Malfunctioning power tools and saws – Manufacturing flaws cause blades to detach, electrocution, etc.
- Faulty or missing safety guards – Unguarded blades on saws or grinders make them unsafe to operate.
- Defective heavy machinery – Flaws in machinery design, lack of safety features, rollovers, etc.
- Welding equipment – Radiation leaks, electric shocks, tank explosions.
- Scaffolding – Failure of scaffolding components like planks and support frames.
- Ladders – Weak or defective materials and construction.
- Fall protection – Defects in safety harnesses, ropes, and anchoring points.
Thorough investigation identifies defects in tools, equipment, and machinery that contribute to accidents. Manufacturers must be held accountable.
When is a property owner liable for a construction accident injury?
Property owners often contract with construction companies to work on their land or buildings. This does not absolve the owner of liability if a worker is injured.
Owners can be held responsible for construction accident injuries in scenarios like:
- Failure to address dangerous conditions they were aware of
- Not allowing sufficient time or resources to complete a project safely
- Attempting repairs or construction without proper permits
- Failing to hire properly licensed and insured contractors
- Not addressing known OSHA violations observed on-site
- Interference that undermines onsite safety procedures
An experienced construction accident attorney in Dallas is likely to deal with these nuances regularly. Therefore, they often lean on their experience to know when to sue a property owner so as to ensure that an injury victim doesn’t end up paying the price for a property owner’s negligence and lack of safety oversight.
Why Choose Husain Law + Associates — Houston Accident & Injury Lawyers, P.C. for Your Dallas Construction Accident Case?
If you or a loved one has been injured in a construction accident in Dallas, you should contact our team at Husain Law + Associates — Houston Accident & Injury Lawyers, P.C.
With decades of experience, we have the skills and resources to handle complex construction injury cases. Here’s why you can trust us to get you maximum compensation:
- Specialization in construction accidents – Our firm focuses specifically on construction injury cases, allowing us to master the complex legal issues they involve. You’ll benefit from our extensive knowledge.
- Proven track record of success – We have successfully recovered millions of dollars for past construction accident clients through settlements and verdicts. Let us put our experience to work on your case.
- Resources to investigate your accident – We work with OSHA experts, engineers, and other specialists to determine accident causes and build the strongest case possible. A thorough investigation is key.
- Aggressive litigation – We aren’t afraid to take construction companies to court if that’s what it takes to get you full and fair compensation. Our litigation team has the skills to take on large corporations.
- Client-focused counsel – You’ll work directly with a construction accident lawyer in Dallas who cares. We form personal relationships with clients and provide compassionate support throughout the legal process.
To learn more about how we can assist with your Dallas construction accident case, contact us today at (713) 804-8149 or through our online form. Our consultations are free, and we don’t collect attorney fees unless we win your case. Call now to take the first step toward maximum compensation.
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