Houston Construction Accident Lawyer

Are Construction Accidents & Injuries Covered by Workers’ Compensation? 

Texas is one of the only states that does not require employers to carry workers’ compensation insurance. As such, your construction accident or injury may not be covered by workers’ comp. 

If your employer does not have this type of insurance, you can file a third-party personal injury claim or lawsuit against your employer or another liable party. This allows you to seek compensation for your related damages, such as medical expenses, lost wages, pain and suffering, lost earning ability, and more. Similarly, if your family member or loved one tragically passed away due to a construction accident, you may have grounds for a wrongful death claim.

While workers’ compensation does not require you to prove another party’s fault in order to recover compensation, a third-party personal injury or wrongful death claim usually does. This means that you will likely need to prove that the defendant owed you a duty of care, failed to uphold this duty of care, and caused the incident that led to your injuries or the death of your loved one. 

Common Construction Accidents & Their Causes 

Construction workers are required to be on hazardous job sites, use heavy machinery, and navigate numerous other on-the-job dangers nearly every day. It comes as no surprise, therefore, that they are frequently injured in an array of serious workplace accidents. Some of the most common types of construction accidents include: 

• Falls, including slips and falls and falls from heights 
• Explosions and fires 
• Structure collapses, including scaffolding 
• Being struck by falling objects 
• Being caught between moving parts or objects
• Machine entanglement 
• Exposure to toxic or harmful substances 
• Exposure to dangerous noise levels
• Trench and ground collapses and cave-ins
• Construction vehicle accidents 
• Electrocution 

These and other construction accidents lead to all types of catastrophic injuries, including severe burns, broken bones, spine injuries, paralysis, brain injuries, head injuries, back injuries, neck injuries, amputation, internal bleeding, “crush” injuries, hearing loss, eye injuries, scarring, disfigurement, and more. 

Construction workers also tend to face a heightened risk of certain illnesses and medical conditions associated with harmful or toxic exposure, such as asbestosis, mesothelioma, respiratory illness, cancer, and more. 

The question remains—how do these accidents and injuries occur?  Just because construction is a relatively dangerous line of work, this does not mean that workers should have to simply accept the risk of severe injury or death on the job.  In fact, most construction accidents and injuries are the result of negligence. Some examples include: 

• Improper fall protection 
• Inadequate training or supervision 
• Lack of respiratory protection 
• Defective equipment, machinery, and tools
• Improper control of hazardous energy or materials 
• Inadequate eye, ear, or face protection 
• Missing guards, including machine guards and guardrails
• Defective scaffolding and other structures 
• Improper ground protection 
• Slipping and tripping hazards, such as wet surfaces 

What to Do After a Construction Accident in Texas

Experiencing an injury at a construction site in Texas can be overwhelming, but you must take certain steps to protect your health, well-being, and legal rights. Here's a comprehensive guide on what to do after suffering an injury at a construction site in Texas:

1. Seek Medical Attention Immediately: Your health and safety are the top priority. If you've been injured, seek medical attention promptly. Even if your injuries seem minor, it's important to get a medical evaluation to ensure there are no hidden or underlying issues.
2. Report the Incident: Notify your supervisor or employer about the accident as soon as possible. Make sure to provide detailed information about how the accident occurred and the nature of your injuries. Texas law typically requires workplace accidents to be reported within a specific timeframe.
3. Document the Accident Scene: If you're physically able, document the accident scene by taking photographs or videos. Capture any hazardous conditions, equipment involved, and the extent of your injuries. This documentation can be valuable evidence if you pursue a legal claim.
4. Collect Witness Information: If there were witnesses to the accident, obtain their contact information. Witness testimony can be crucial in corroborating your account of the events leading up to the injury.
5. Preserve Evidence: Preserve any physical evidence related to the accident, such as damaged equipment or safety gear. Do not alter or remove anything from the accident scene unless instructed to do so by authorities or your employer.
6. Follow Doctor's Orders: Adhere to your healthcare provider's instructions for treatment and rehabilitation. Attend all follow-up appointments and therapy sessions to facilitate your recovery and establish a medical record of your injuries.
7. Keep Records: Maintain detailed records of all medical expenses, including bills, prescriptions, and receipts for out-of-pocket costs. Also, keep a record of any lost wages or income due to the injury.
8. Report the Injury to Workers' Compensation: If you're eligible for workers' compensation benefits, file a claim with your employer's workers' compensation insurance carrier. Follow the prescribed procedures and deadlines for reporting the injury and submitting the necessary documentation.
9. Consult with a Construction Accident Attorney: Consider seeking legal advice from an experienced construction accident attorney in Texas. They can evaluate your case, explain your rights, and guide you through the process of pursuing compensation, whether through a workers' compensation claim or a personal injury lawsuit.
10. Know Your Rights: Educate yourself about your rights under Texas law. Understand the statute of limitations for filing a personal injury claim and any other relevant legal deadlines.
11. Avoid Communicating with Insurance Adjusters: Refrain from discussing the details of the accident or your injuries with insurance adjusters without first consulting with your attorney. Insurance companies may try to minimize your claim or pressure you into accepting a low settlement offer.
12. Consider Alternative Dispute Resolution: Depending on the circumstances of your case, you may explore alternative dispute resolution methods such as mediation or arbitration to resolve the matter outside of court.
13. Prepare for Litigation: If a fair settlement cannot be reached through negotiation, be prepared to pursue litigation. Your attorney can guide you through the legal process, including filing a lawsuit, conducting discovery, and representing your interests in court.
14. Stay Informed and Updated: Stay informed about the progress of your case and any developments that may arise. Maintain open communication with your attorney and promptly respond to any requests for information or updates.
15. Focus on Recovery: Lastly, prioritize your physical and emotional well-being throughout the legal process. Focus on your recovery and seek support from loved ones or professional resources if needed.

Call the Law Offices of Willie D. Powells III PLLC at (281) 881-2457 or contact us online to learn how we can help you get back on your feet.