Houston Construction Accident Lawyer
We rely on construction workers to build our homes, businesses, schools, and hospitals, but these skilled workers risk their lives each day on the job. Heavy equipment, dangerous tools, live wires, and working from heights expose construction workers to what the U.S. Occupational Safety and Health Administration (OSHA) dubs the “Fatal Four.”
Dangerous conditions and tight budgets that cause many construction companies to cut corners mean construction workers face a high chance of an on-the-job injury.
If you were hurt on the job, contact a Houston construction site accident lawyer from Havens & Associates today at (713) 955-2215 for a free consultation. We can explain your rights to seek compensation for your injuries and losses, and we don’t charge a penny unless we win your case.
Construction accident injury cases we pursue
Some of the most common types of construction accident cases our Houston construction lawyers accept include:
- Explosions and fires
- Heavy equipment malfunction
- Falling objects
- Toxic fumes exposure
- Crane failure
- Electrocution
- Slip or trip and fall
How we can help you
Our Houston construction accident law firm has years of experience pursuing complex construction accident claims. We have the resources, knowledge, and experience to take on these high-stakes claims and fight against multiple defendants to get you and your family the money you deserve.
If the at-fault party refuses to pay a fair settlement, we will not hesitate to take them to court. We’ll build a solid case to show a judge and jury how the defendant’s negligence caused the accident and your injuries. You benefit from our deep knowledge of Texas construction injury laws and our tenacity to hold reckless parties accountable for their actions.
What are some common causes of construction injuries?
Negligence on a construction site can take many forms, like:
- Lack of skills or safety training for employees
- Poor supervision on the job site
- Malfunctioning or defective tools or machinery
- Inadequate safety protocol
- Failure to follow construction or government safety regulations for construction sites
- Fatigue
- Employees working under the influence of alcohol or drugs
In some instances, a lack of organization or poor coordination between multiple contractors and subcontractors can create a situation where an accident is more likely to occur.
Accidents caused by defective or malfunctioning machinery
Construction sites are home to many kinds of specialized equipment, including heavy excavation, building equipment, vehicles, and precision tools. Workers must wear safety gear, including hard hats, goggles, steel-toed shoes, and heavy gloves. Some jobs require additional protective or safety gear, like a visor or harness.
When equipment malfunctions or workers are injured because their safety gear was defective, the employer may be liable for any injury they suffer.
However, the employer may not be the only liable party in these situations. For example, a vehicle or other machinery could have been improperly repaired or maintained by a third party. In those cases, the mechanic may also be liable. Or, if the tool or piece of equipment was defective or had a design flaw, then the manufacturer or designer could be liable for the injury.
Your Houston construction accident attorney can explain how you could be eligible to file a third-party lawsuit in addition to any workers’ comp benefits you may receive.
What should I do if I’m injured in a construction accident?
First, get immediate medical care. Construction site accidents can be serious, with the potential for permanent disability.
Next, inform your foreman or manager about the injury, going through the company’s protocol for job site injuries. You may qualify for workers’ comp benefits if your employer carries workers’ compensation insurance (it’s not required in Texas). Or, you may be able to file a personal injury suit against the at-fault party.
Next, contact an experienced Houston construction accident attorney. They can advise you of your options and help protect your rights. You should avoid talking to the insurance company. Instead, refer communications to your lawyer. An insurance adjuster may try to shift the blame for the accident to you, so they don’t have to pay the settlement you’re entitled to.
What damages may I be entitled to?
Your compensation depends on whether you can receive workers’ comp benefits, file a third-party or personal injury lawsuit, or both. Workers’ comp covers your medical care and rehabilitation and a partial wage benefit for the time you missed at work, but that’s it.
Compensation from a personal injury lawsuit, on the other hand, covers all your medical and rehabilitative care, and medical devices you need, plus full payment of all unearned wages from time missed at work. You may receive money for any reduced earning potential if your injury is disabling.
You’re also entitled to demand compensation for your pain and suffering and loss of quality of life, which workers’ comp doesn’t provide.
Depending on how the accident happened, you could also be entitled to punitive damages. These monetary damages are not compensatory but are to punish a defendant whose negligence was exceptionally egregious.
What kinds of injuries are common on construction sites?
There’s the potential for injury around every corner on a construction site. The U.S. Occupational Health and Safety Administration (OSHA) notes that construction sites have a high rate of incidence of every one of the “Fatal Four,” the most common deadly workplace accidents:
- Falls and falls from heights
- Caught-between
- Electrocution
- Struck-by
A construction site accident could result in any number of serious injuries, like:
- Broken bones
- Lacerations and deep gashes
- Crushing injury
- Concussion or a traumatic brain injury
- Vision or hearing loss
- Repetitive motion or vibration injury or chronic medical conditions
- Burns or chemical burns
- Disease or chronic illness from toxic exposure
- Internal organ damage or internal bleeding
- Involuntary amputation
Many injured construction workers may suffer more than one of these injuries in an accident, facing months of painful medical procedures and rehabilitative treatment.
What if I’m getting workers’ comp?
If your injury occurred on the job and your employer has workers’ compensation insurance, then you can get those benefits as long as you qualify. That would most likely mean that you were injured while doing your job duties, and you didn’t cause the accident by working under the influence or by being negligent.
However, if a third party, like a subcontractor or manufacturer of a defective tool, contributed to the accident, you can also file a third-party lawsuit against them. Our Houston construction accident lawyers can explain more.
Who can be held liable for a construction accident?
Your construction accident attorney in Houston, TX conducts a thorough investigation to determine all responsible parties. Some possible defendants in your case could include:
- The foreman or site manager
- The construction site owner
- Your co-worker(s)
- A third-party vendor or subcontractor
- The manufacturer or designer of any tools or heavy equipment you’re using
Our skilled attorneys will work to hold all responsible parties accountable. Our legal team isn’t afraid to take any defendant, even powerful corporations, to give you the justice you deserve.
How do you prove liability in a construction accident case?
To establish the defendant’s liability for your injuries and losses, you must first establish that they were negligent. Negligence consists of four elements, each of which must be proven:
- The defendant had a legal duty of care for your safety
- Their actions caused a breach of their duty of care for your safety, leading to the incident that caused your injury
- You were harmed because of this breach of duty of care
- You suffered financially from the harm the defendant caused
Your attorney must prove the connection between the at-fault party’s actions to your losses. The process usually begins by investigating the cause of the incident and proving that the defendant was not acting reasonably safely.
Then, your Houston construction lawyer shows how their actions caused the accident. From there, they need to link your injury to the accident and not any other cause. Your post-accident medical records are an essential piece of evidence.
Finally, your attorney must prove that you suffered financially because of your injuries. You can then demand that the defendant compensate you for your tangible and intangible losses.
Hurt on a job site? Our Houston construction accident lawyers can help.
Have you been hurt on a construction site? Are you unsure what your rights are for getting workers’ compensation benefits or filing a lawsuit? We can help explain your legal options and next steps in a free consultation.
Call Havens & Associates today at (713) 955-2215 to speak with a construction accident lawyer in Houston.