In 2022, the United States witnessed a total of 5,486 fatal work injuries, marking a concerning trend in workplace safety. Within this grim statistic, the construction industry alone accounted for over 1,056 fatalities, representing an alarming 11% increase from the previous year. These numbers highlight the inherent risks and dangers present in construction work, emphasizing the need for stringent safety measures and protocols.
Houston, located in Harris County, is a significant contributor to these worrying figures. According to reports, the construction sector in Harris County experiences at least 100 worker deaths annually on job sites. This high number of construction site fatalities in a single county underscores the particular hazards that construction workers in the Houston area face daily.
Though construction workers are the most frequent people injured in construction site accidents, no one is entirely safe near a worksite. Bystanders and passing motorists also fall victim to construction zone accidents, and the financial and personal costs can be devastating.
Given the frequency of these accidents, the role of a construction accident lawyer in Houston becomes critically important. These legal professionals are experienced in navigating the complex aftermath of construction accidents. They offer essential legal guidance and support to those affected by construction site incidents, including workers injured on the job or families grieving the loss of a loved one due to a workplace accident.
If you or a loved one has been injured in a construction accident in or around Houston, TX, you could be entitled to compensation, and The Callahan Law Firm can help you get it. For help, contact our personal injury lawyers today to schedule a free consultation with an experienced Houston construction accident lawyer.
Why You Need Our Team of Houston Construction Accident Attorneys
If you have been involved in a construction accident, you’re probably facing a mountain of medical bills and missing out on the wages you need to support yourself and your family. You may also be struggling with immense physical pain and emotional distress, but you’re not out of luck; you may be entitled to pursue compensation to help you on your road to recovery.
Our construction accident attorneys work to identify potential avenues of compensation for you. Some injured workers must rely exclusively on their workers’ comp benefits, while other injured workers may also be able to file an injury lawsuit against a responsible third-party for negligence – this is referred to as a third party claim.
Overall, our legal team plays a vital role in handling the aftermath of an accident. We can provide guidance in dealing with the often-convoluted process of filing workers’ compensation claims, ensuring that injured workers receive the benefits they deserve. In cases where insurance companies are involved, our skills in negotiation become invaluable. For cases that escalate to litigation, our courtroom experience significantly influences the outcome of your claim for the better.
Beyond the legal and financial aspects, our Texas construction accident lawyers will provide much-needed emotional support during challenging times, guiding clients through the legal process while allowing them to focus on recovery. Our advocacy doesn’t just benefit individual clients; by highlighting safety lapses and pushing for accountability, we contribute to broader changes in industry safety standards, enhancing protections for the entire workforce.
What are The Common Types of Construction Site Accidents in Houston?
As a major hub of commercial and residential development, Houston’s construction sector is pivotal to its economic growth. Unfortunately, with this comes a heightened risk of construction-related accidents, which are a significant concern for workers and their families as well as passersby who end up injured as a result of a construction site incident. Here are some of the most common types of construction accidents in Houston:
Falls From Heights
Falls from heights are a leading cause of construction accident fatalities and injuries, and can result from inadequate safety equipment, lack of proper training, or failure to follow safety protocol. Workers can fall from roofs, ladders, scaffolding, or other elevated surfaces, leading to severe construction site injuries such as broken bones, spinal cord damage, and traumatic brain injury (TBI).
Struck by Objects
Workers on a construction site – as well as pedestrians passing by – can be struck by falling, swinging, or flying objects, such as tools, materials, or debris. These incidents can cause head injuries, broken bones, and even fatalities.
Electrocutions
Construction sites are full of hazards, and electrocution is a common danger at construction sites. Workers are at risk of coming into contact with live wires, power lines, or faulty electrical equipment. Electrocution can cause severe burns, nerve damage, cardiac arrest, and other life-threatening injuries. To prevent this type of accident, workers should always assume that any electrical component is live and maintain a safe distance from potential hazards.
Caught-in/Between Accidents
Caught-in/between construction accidents happen when a worker becomes caught, crushed, or squeezed between two objects, such as heavy equipment, walls, or vehicles. These incidents can result in severe crush injuries, amputations, or death. Workers should stay clear of moving equipment, be mindful of their surroundings, and always communicate with other workers to avoid these potentially catastrophic accidents.
Scaffold Collapses
Scaffolding is a common feature at construction sites, and when it fails, workers can suffer severe injuries or fatalities. Properly constructed scaffolds can prevent falls and other accidents, but when they are poorly maintained or assembled, the risk of a collapse increases dramatically. Workers should be trained in scaffold safety and employers should ensure that the structure is built and inspected according to the Occupational Safety and Health Administration standards.
Crane Accidents
Cranes are essential to many construction projects, but they can also be extremely hazardous if not operated and maintained correctly. Crane accidents can occur due to equipment malfunction, operator error, or falling objects. Workers should always be aware of their surroundings, keep a safe distance from the crane, and follow safety procedures to minimize the risk of personal injury.
Hazardous Material Exposure
Construction workers are often exposed to various hazardous materials on job sites. These can include asbestos, lead, and other harmful chemicals. Prolonged or repeated exposure to these materials could lead to severe health issues, including respiratory problems, neurological damage, and various forms of cancer.
Fires and Explosions
Fires and explosions at construction sites often result in catastrophic injuries or fatalities. These accidents can be caused by various factors, including electrical malfunctions, equipment failure, or the improper handling or storage of combustible materials.
If you have been injured on a construction site in Houston and believe you have the right to file a workers’ compensation claim or a construction accident lawsuit, contact The Callahan Law Firm as soon as possible. We will fight to help you get the compensation you rightfully deserve.
Common Construction Accident Injuries in Houston
The construction industry is notably hazardous, often leading to a variety of injuries among workers. In Houston, common construction accident injuries include the following:
- Broken bones
- Crush injuries
- Amputation injuries
- Spinal cord injury
- Traumatic brain injury (TBI)
- External head or facial injuries
- Scarring and disfigurement
- Nerve damage
- Loss of vision or hearing
- Internal organ damage
- PTSD, anxiety, depression, and emotional injuries
Understanding these common injury types gives you an idea of how serious construction accidents can be. To further understand the risks, it’s important to familiarize yourself with the typical causes of these accidents as well.
What Are The Causes of Construction Accidents in Houston, TX?
Construction accidents in Houston can result from a range of factors. Each situation is complex and often involves multiple underlying issues, including the following:
Lack of Proper Safety Measures: One of the most common causes is the absence of adequate safety protocols. This can include not providing proper personal protective equipment (PPE) like helmets, goggles, or harnesses. Inadequate safety training for workers is also a significant issue. Workers might not be trained in handling equipment safely or might not be aware of the potential hazards on a construction site.
Faulty or Inadequate Equipment: Accidents can also occur due to the use of malfunctioning, outdated, or otherwise inadequate equipment. This includes everything from power tools to heavy machinery like cranes and forklifts. Regular maintenance and proper operation are crucial for the safety of these machines. Failure in any of these aspects can lead to serious accidents.
Poor Site Management and Planning: Effective site management is crucial for safety in construction areas. This involves proper planning of the construction process, adequate allocation of resources, and efficient coordination among teams. Poor management can lead to hazardous conditions like overcrowded work areas, improperly stored materials, or unclear work procedures.
Communication Failures: In a busy construction environment, clear and consistent communication is vital. Miscommunication or lack of communication about safety protocols, changes in plans, or hazards can lead to accidents. Good communication is particularly critical when multiple contractors or hard-working construction crews work on the same site.
Inexperienced or Untrained Workers: Construction workers who lack experience or proper training are more prone to making mistakes that can lead to accidents. This is especially true in complex or high-risk tasks that require specific skills or knowledge.
Weather Conditions: Houston’s weather, characterized by heat, humidity, and occasional severe storms, can also contribute to construction accidents. For instance, hot weather increases the risk of heat-related illnesses, while wet conditions can lead to slippery surfaces.
Time Pressure and Overworking: Construction projects often have tight deadlines. This pressure can lead to rushed work or longer working hours, both of which can increase the risk of accidents due to fatigue or shortcuts in safety procedures.
Regulatory Non-Compliance: Failure to comply with local, state, and federal construction and safety regulations can significantly increase the risk of accidents. This non-compliance might be due to lack of knowledge, oversight, or intentional cost-cutting measures.
General Negligence: Negligence, whether on the part of workers, supervisors, or the construction company, can lead to accidents. This might include ignoring safety protocols, failure to report hazards, or inadequate supervision of work activities.
Understanding and addressing these causes is essential for improving safety on construction sites in Houston and elsewhere.
Who Is Liable for Construction Injuries in Houston?
Determining who is responsible for a construction accident can be a complex process, as multiple parties could be involved. Some of the possible liable parties include:
- Construction Site Owner: The owner of the property where the construction is taking place might be responsible for ensuring safety protocols are enforced and potential hazards are addressed. If negligence on their part led to the accident, they could be held liable.
- General Contractors/Construction Managers: These individuals are responsible for overseeing the construction project, including worker safety and adherence to regulations. If they fail to maintain a safe work environment or enforce proper safety measures, they can be held liable for resulting accidents.
- Subcontractors: Subcontractors, or independent contractors, are responsible for enforcing safety measures within their scope of work. Similar to general contractors, if they neglect their duty to provide a safe environment and an accident occurs, they could be held liable.
- Architects and Engineers: These professionals are expected to design and plan the construction project with safety in mind. If their design or oversight leads to an unsafe work environment and subsequent accident, they can be held responsible.
- Equipment Manufacturers: Construction accidents can also result from faulty equipment or tools. If a manufacturer produces and supplies defective equipment that leads to an accident, they could be held liable under product liability laws.
Identifying the responsible party is a crucial step in ensuring that justice is served so you can obtain compensation from the appropriate party.
What Compensation Can Be Recovered After a Texas Construction Accident?
When you are injured in a construction accident, you may be eligible to file a workers’ compensation claim, a personal injury lawsuit, or both. Understanding the key differences between these two avenues of compensation and what you can potentially recover is essential.
Workers’ Compensation Claims
Workers’ compensation is a no-fault insurance program designed to provide financial assistance to employees who are injured on the job. In Texas, workers’ compensation benefits can cover various expenses, including:
- Medical costs
- Partial wage replacement
- Compensation for any permanent impairment caused by the injury
Under the workers’ compensation system, you will still receive benefits even if the accident was partially or entirely your fault in most cases.
Another key aspect of the workers’ compensation system is that, in most cases, an employee cannot sue their employer for a work injury if they are covered by workers’ compensation insurance. An exception, however, is if there is an employee fatality caused by the gross negligence of the employer.
In Texas, workers’ compensation insurance is not typically required like it is in most other states. A Texas employer who does not carry workers’ compensation insurance is known as a “non-subscriber” and can be sued for negligence by an injured employee.
Personal Injury Lawsuits – Construction Accident Claims
Unlike workers’ compensation claims, personal injury lawsuits are typically filed against a negligent third party other than your employer. To prevail under personal injury law, you must prove that the defendant (the person or company being sued) acted negligently and that their negligence caused your injury. If successful, you can potentially recover a broader range of damages, such as:
- Medical expenses
- Lost wages
- Lost earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Physical impairment
- Disfigurement
- Loss of consortium
Although rare, punitive damages can sometimes be awarded in a construction accident case as a way to punish the defendant’s egregious behavior and deter similar behavior in the future.
Knowing Which Route to Take
Depending on the circumstances of your accident, you may be able to pursue both a workers’ compensation claim and a lawsuit. This can be beneficial since it allows you to recover compensation for your injuries from both your employer’s workers’ compensation policy and the negligent third party.
For example, if you suffered serious injuries on a construction site due to faulty construction equipment provided by a subcontractor, you might file a workers’ compensation claim with your employer and a personal injury lawsuit against the subcontractor responsible for providing equipment – or possibly the manufacturer of the equipment.
The best way to determine what steps to take after an on-the-job injury is to speak with an experienced Houston construction accident attorney.
How Our Experienced Houston Construction Accident Lawyers Can Help You Pursue Justice
The Callahan Law Firm can provide comprehensive assistance to help you pursue justice in the event of an injury. Here are some key ways our Houston personal injury lawyers can help:
- Case Evaluation: We will thoroughly assess your case, considering all relevant factors to determine whether you have a claim, the type of claim, responsible parties and the best legal strategy to pursue.
- Gathering Evidence: Our attorneys can collect crucial evidence, including site inspections, accident reports, witness statements, and medical records, to build a strong foundation for your claim.
- Negotiating with Insurance Companies: Skilled in negotiation, our attorneys will deal with insurance companies on your behalf, aiming to secure a settlement that is acceptable to you without you having to face the stress of these negotiations directly.
- Representation in Court: If a lawsuit needs to be filed, we will do so and then work to develop your case for trial. If the at-fault parties refuse to offer a settlement acceptable to you and your family, then we will take the case to trial and present it to a jury to achieve the best possible outcome.
- Maximizing Compensation: We work hard to ensure you receive the maximum compensation possible, paying for medical expenses, lost wages, pain and suffering, physical impairment, mental anguish and other damages.
- Handling Paperwork and Legal Formalities: Our attorneys take care of the necessary paperwork and legal formalities, allowing you to focus on your recovery without the burden of administrative tasks.
- Providing Emotional Support: Beyond legal assistance, we offer emotional support during what can be a challenging time, providing empathy and understanding throughout the process.
Ultimately, our Houston personal injury attorneys are dedicated to helping you pursue justice and fair compensation for your construction injuries, providing experienced legal support every step of the way.
Contact The Callahan Law Firm Today for a Free Case Review
The aftermath of a construction site accident can be overwhelming, as you could potentially face physical pain, physical impairment, financial instability due to medical bills and lost wages, and the prospect of a long road to recovery. Know that you don’t have to navigate this challenging time alone; working with a skilled Houston construction site accident lawyer can greatly influence the outcome.
For injured construction workers dealing with work injuries, it’s essential to seek skilled legal counsel as soon as possible; doing so maximizes the potential for favorable results. Contact The Callahan Law Firm today for a free consultation with an experienced construction injury lawyer in Houston. Our team will help you get the compensation you deserve so you can recover fully.
Construction Site Accidents
What Should I Do After a Workplace Accident?
To protect your health and your rights, you should take the following steps after a workplace accident:
- Seek medical attention immediately.
- Verbally notify your employer of the accident as soon as possible.
- Report the accident to your employer in writing as well, and keep a copy for yourself.
- Contact an experienced workplace accident attorney to discuss your legal options, which may include a personal injury claim, a workers’ compensation, or both, depending on your situation.
- Keep track of your time off from work as well as any medical expenses and other out-of-pocket costs you incur as a result of your injury.
- Follow your physician’s treatment plan.
What Types of Workplace Injury Cases Does Your Law Firm Handle?
The legal team at The Callahan Law Firm handles personal injury claims in a wide range of workplace injury cases, including those that involve:
- Industrial accidents
- Manufacturing accidents
- Construction accidents
- Heavy equipment accidents
- Transportation accidents
- Commercial vehicle accidents
- Pipeline accidents
- Explosions
- Railroad worker accidents
- Oil field accidents including oil rig accidents
- Maritime accidents and other offshore accidents
Do I Need a Workplace Injury Lawyer?
While you can file a workplace injury claim without the assistance of a lawyer, it can be a confusing and challenging process, especially if you are still recovering from injuries. An experienced attorney can provide the guidance you need and handle the details of your claim to help you get the most compensation available under the law.
If your employer does not have workers’ compensation coverage – and many construction companies in Texas don’t – or if a third party was responsible for your accident, having an experienced workplace accident lawyer becomes even more crucial as the attorney can help determine who is responsible, ensure a proper investigation is done, and file a personal injury lawsuit against the at-fault party on your behalf.
How Long Do You Have to File a Workplace Injury Lawsuit?
If a personal injury lawsuit needs to be filed because of a workplace accident, under Texas law, the general rule is that the lawsuit must be filed within two years from the accident date. If you miss the deadline, you will likely lose your right to make your claim. There are some exceptions that could either extend or shorten this deadline, so it’s important to consult with a workplace accident lawyer as soon as possible to determine when your claim must be filed.
I Was in an Accident at Work. What Benefits Can I Claim?
It depends. If you were hurt on the job because of the negligence of a third party, your claim can include compensation for medical bills, lost income, pain and suffering, physical impairment, and more. If the negligence of your employer caused your injury and your employer did not have workers’ compensation insurance, you may be able to make a claim for negligence against the employer for compensation for these same types of damages.
If your employer did have workers’ compensation at the time of your injury, a workers’ comp claim can be made for benefits such as medical care and lost wages. In some cases, you may be eligible for vocational training as well.
If a loved one tragically passed away due to work-related injuries, your family could be entitled to compensation through a wrongful death claim or death benefits from workers’ compensation.
In many instances, more than one of these claims can be made. A knowledgeable workplace accident attorney can determine the type of claim or claims that can be made to ensure you and your family are fully compensated under the law.