Construction Accident Lawyers

If you’re facing serious injuries in or Texas due to another person’s or corporation’s negligence, recklessness, dangerous actions, car or truck accident, or faulty products, it’s crucial to get legal representation from Dunham & Jones, the Trusted Texas Personal Injury Attorneys. Dunham & Jones can help you recover compensation for medical costs, income losses, pain, suffering, and other damages through a meticulously crafted personal injury or wrongful death claim in Texas. Call 888-222-9746 now for your free injury case review and discuss your case in detail.

Construction work is a dangerous and physically demanding industry, Unfortunately, when death or injury occur on a construction job, the law often does not favor the victim. Texas is the only state that does not require workers’ compensation insurance, which can limit your financial recovery options after a devastating construction accident. The lawyers at Dunham & Jones, Attorneys at Law, can help you protect your legal rights and demand the justice you deserve as an injured worker or family member. Contact our Texas construction accident attorneys today to start with a free case evaluation.

Suffering an accident at a construction site can be a traumatizing, life-changing experience. The legal team at The Dunham & Jones Law Firm is prepared to fight alongside you every step of the way to secure justice and fair compensation for your injuries. Your lawyer will review evidence, secure expert witness testimony, negotiate with the insurance company, and take your case to trial if needed. Due to the Texas statute of limitations, you may have a limited amount of time to file a claim, so don’t hesitate to contact an injury lawyer. We don’t get paid until we secure a fair settlement or verdict on your behalf.

What are the Most Common Types of Construction Accidents in Texas?

Construction workers can become victims of various workplace accidents and incidents. According to the Occupational Safety and Health Administration(OSHA), construction is the deadliest industry in the U.S., with approximately 20 percent of worker fatalities occurring in this sector each year. Common construction-related incidents include:

• Transportation accidents
• Slips, trips, and falls
• Scaffold accidents
• Electrocutions
• Struck-by falling objects
• Caught-in or between objects or equipment
• Crane collapses
• Aerial lift accidents
• Power tool incidents
• Explosions and fires

Most construction site accidents are severe or catastrophic, inflicting life-changing injuries on those involved. Examples include broken bones, brain damage, spinal cord injuries, paralysis, and amputations. If you or a loved one suffered a catastrophic injury in a construction accident in Texas, the personal injury attorneys at Dunham & Jones, Attorneys at Law is prepared to demand maximum financial compensation from the at-fault party on your behalf.

Call Dunham & Jones at 888-222-9746 to schedule a free consultation with an injury attorney and learn how we can help you with your Construction Accident case. Dunham & Jones was established in 1989 and is dedicated to helping it’s clients get the best results.

What are the Most Common Construction Accident Injuries?

Information from the Occupational Safety and Health Administration shows that construction accident injuries are often severe. In a recent reporting year, approximately 20% of all workplace fatalities in the U.S. occurred in the construction industry. However, these fatalities only provide a snapshot of the overall injuries that occur in construction each year. The risks associated with construction sites are very real, and it is not uncommon for individuals to sustain severe injuries. This includes the following:

• Crush injuries caused by falling objects or getting caught between objects
• Fractured or dislocated bones
• Traumatic brain injuries
• Spinal cord injuries with paralysis
• Electrocution injuries
• Lacerations or puncture wounds
• Amputation injuries
• Significant internal organ damage or internal bleeding

In addition to acute traumatic injuries at a construction site, individuals can also sustain longer-term injuries caused by workplace exposure. This can include:

• Hearing and vision loss
• Respiratory issues
• Cardiovascular diseases
• Occupational cancers

Who Is Liable for a Construction Accident in Texas?

Liability, or legal and financial responsibility, for a construction accident will fall on the party that is most at fault, or the negligent party. In personal injury law, negligence means the failure to act with proper care. Various parties can be guilty of negligence in connection to a construction accident in Texas, such as:

• Employer: An employer can be liable for a work accident if they fail to properly maintain equipment, train workers, supervise construction sites, or follow federal safety laws.
• Contractor: If a contractor caused the incident, they could be held personally responsible for a victim’s losses.
• Property Owner: A property owner could be liable for a dangerous property defect, such as a slip and fall hazard or an open trench.
• Product Manufacturer: If defective construction equipment causes an injury, the manufacturer or distributor could be held liable through a product liability lawsuit.

To hold one of these parties liable for your construction accident, you or your attorney must provide proof of negligence. If this proof does not exist, you may still be eligible for financial recovery through a workers’ compensation claim. Discuss your legal options with a qualified and experienced Texas injury attorney to decide which course of action is right for you.

Proving Liability After a Construction Accident

To hold a party liable for your construction accident, you or your attorney must provide proof of negligence. Because of this, determining liability after a construction accident can be challenging, especially if the case involves a personal injury lawsuit instead of a workers’ compensation claim. For most workplace injuries, particularly for employers who carry workers’ compensation, it is not necessary to prove that another person or entity caused the injury. In these circumstances, individuals can typically recover compensation for their medical bills and a portion of their lost wages. Additionally, if this proof is unavailable, you may still be eligible for financial recovery through a workers’ compensation claim.

However, there are several reasons why a personal injury lawsuit may be necessary:

1. Lack of Workers’ Compensation Insurance: Texas does not require every employer to carry workers’ compensation insurance. In these cases, the injured individual must file a lawsuit against the alleged negligent party to recover any compensation.
2. Third-Party Liability: If a third-party entity caused the injury, individuals can file a personal injury lawsuit even if their employer has workers’ compensation insurance.

Gathering Evidence to Prove Liability:

1. Photographs
2. Surveillance Footage
3. Eyewitness Statements
4. Safety and Training Records

By meticulously gathering and presenting this evidence, your attorney can help establish liability and secure the compensation you deserve for your construction accident injuries.

What if I Was Partly Responsible for My Accident?

If you were partially responsible for causing your own construction accident injury, you might still be able to recover compensation for your losses. This applies whether your case is a workers’ compensation claim or a personal injury lawsuit in Texas.

Workers’ Compensation Claims

If your employer carries workers’ compensation insurance and there is no other party involved in the case, it is important to know that this is a no-fault system. You do not need to prove that anyone caused your injury, and you can recover compensation even if you were at fault for your own injury. However, keep in mind that not every employer in Texas carries workers’ compensation insurance. In such cases, a third-party lawsuit may be necessary.

When a construction injury victim is covered through workers’ compensation, they have up to 30 days to notify their employer of the injury and up to one year after the injury occurs to file a workers’ compensation claim. Typically, the workers’ compensation claim will not settle until the individual has completed their medical care or until a doctor determines that they have reached maximum medical improvement (MMI). MMI is the point at which any continued medical care is unlikely to improve the person’s condition. Lost wages paid through workers’ compensation insurance will continue for a specific amount of time or until a person returns to work.

Personal Injury Claims

When there is partial fault involved in a personal injury claim after a workplace or construction injury, you can still recover compensation under Texas’s “modified comparative negligence” system. In this system, you will be unable to recover compensation if you are 51% or more responsible for causing your own injury. If you are less than 51% responsible, you can recover compensation, but the total amount will be reduced by your percentage of fault.

For example, if you sustain a construction accident injury and incur $100,000 in medical bills and other expenses, but a jury determines that you were 30% responsible for your injury because you misused a piece of equipment, you would receive $70,000 instead of the full $100,000. This reduction accounts for your 30% fault in the incident.

Construction Accidents & Workers’ Compensation Claims

When we examine information available from the Texas Legislature, we see that not every employer in this state is required to carry workers’ compensation insurance (non-subscribers). This can present major problems for injury victims. For those who are covered through workers’ compensation, they will typically be able to recover complete medical expense coverage for any on-the-job injury they sustained, regardless of who caused the injury. This insurance will also cover a significant portion of lost wages if a person is unable to work.

Non-Subscriber Claims

For individuals who work for non-subscribers (employers without workers’ compensation insurance) and sustain an injury, a civil personal injury lawsuit must be filed against the alleged negligent party or parties to recover compensation. This is not a no-fault situation, and individuals will have to prove negligence to recover compensation for their losses.

If you are dealing with a construction accident injury, it is crucial to understand whether your employer carries workers’ compensation insurance and to act promptly to protect your rights. Consulting with an experienced Texas injury lawyer can help you navigate the complexities of your case and determine the best course of action to secure the compensation you deserve.

Call Dunham & Jones today at 888-222-9746 to schedule a free consultation with a Texas Construction Accident lawyer. Construction Accident cases need an experienced injury law firm such as Dunham & Jones. Dunham & Jones was established in 1989 and is dedicated to helping it’s clients get the best results.

How a Texas Construction Accident Lawyer Can Help

The role of an attorney after a Texas construction accident is to help individuals recover the compensation they are entitled to. This process can be challenging, and navigating the legal system after a workplace or construction injury often requires assistance from a skilled lawyer.
Whether the claim involves workers’ compensation insurance or a civil personal injury lawsuit, an attorney will work to determine the best possible route for recovering the most compensation for their client. Here’s how a Texas construction accident lawyer can help:

• Determining the Best Course of Action
  • An injury attorney will evaluate the specifics of your case to decide whether to pursue a workers’ compensation claim or a personal injury lawsuit, aiming to maximize your compensation.
• Conducting a Thorough Investigation
  • An attorney will conduct a comprehensive investigation into the incident, obtaining crucial evidence such as accident reports, medical records, and photographs of the scene.
  • Interviewing witnesses to gather firsthand accounts of the accident.
  • Investigating the background of the employer or other parties involved to uncover any history of negligence or safety violations.
• Calculating Compensation
  • An attorney will accurately calculate the compensation you should receive, considering medical expenses, lost wages, pain and suffering, and other damages.
• Engaging in Negotiations
  • An attorney will handle discussions with insurance companies to ensure you receive a fair settlement.
  • Negotiating with the negligent party and their legal team to reach a settlement that reflects the true value of your claim.
• Filing a Civil Personal Injury Lawsuit:
  • If a fair settlement cannot be reached during negotiations, your attorney will assist you in filing a civil personal injury lawsuit against the at-fault party.
  • The lawsuit process begins with discovery, where attorneys for both sides exchange evidence and take depositions of witnesses.
  • If negotiations do not lead to a settlement, your attorney will prepare your case for a full jury trial, ensuring you are fully represented in court.

Potential Damages in a Texas Construction Accident Case

If a Texas construction accident case is successful, individuals should be able to recover a range of compensation types. This includes both economic and non-economic damages.

• Economic Damages are calculable expenses directly related to the accident. These can include:
  • Medical Bills: Costs for hospital stays, surgeries, doctor’s visits, physical therapy, prescription medications, and any other medical treatments.
  • Lost Wages: Compensation for the income lost while recovering from the injury.
  • Property Damage Expenses: Costs to repair or replace any personal property damaged in the accident.
  • Household Out-of-Pocket Expenses: Additional costs incurred due to the injury, such as hiring help for household chores or childcare.
  • Home or Vehicle Modifications: Expenses for necessary modifications to your home or vehicle to accommodate a disability resulting from the injury.
• Non-economic damages are more challenging to calculate because they involve unseen losses a person is likely to endure after a construction accident. These can include:
  • Physical Pain and Suffering: Compensation for the physical pain and discomfort endured as a result of the injury.
  • Emotional and Psychological Pain and Suffering: Damages for mental anguish, emotional distress, anxiety, depression, and other psychological impacts of the accident.
  • Loss of Enjoyment of Life: Compensation for the loss of ability to enjoy daily activities, hobbies, and other aspects of life that were affected by the injury.

By pursuing both economic and non-economic damages, your attorney can help ensure that you receive comprehensive compensation that addresses the full scope of your losses and helps you move forward after a construction accident.

Contact Our Texas Construction Accident Lawyers Today

If you or a loved one was recently injured in a construction accident in Texas, don’t delay. Call us today at 888-222-9746 to schedule a free consultation. These cases come with strict filing deadlines, so it’s important to act quickly to protect your rights and secure the compensation you deserve. Call today to get started.