Workplace injuries are less common in Texas than they are in the rest of the country with a 2021 rate of 2.1 cases per 100 workers, compared with the national rate of 2.7. This information from the U.S. Bureau Of Labor Statistics shows just how committed the state is to reducing worksite accidents.
Additionally, specific sectors have their own rate of injury and for those in the construction industry, the rate is just below the average at 1.9. However, this doesn't mean that you're without risk. A construction accident can happen at any time.
If you believe you have a construction worker injury claim, reach out to us at The Cedrick D. Forrest Law Firm in Houston, Texas. Our construction accident attorney can help you pursue the fair compensation you deserve. We are proud to serve those throughout the area including the Woodlands, Greenspoint, Katy, Houston Heights, Sugar Land, and Missouri City.
Types of Construction Accidents:
Construction accidents can happen in a variety of ways, including:
- Falls from heights
- Electrocution
- Struck-by accidents
- Caught in/between accidents
- Equipment accidents
- Explosions and fires
- Toxic exposure
Common Causes of Construction Accidents:
Construction accidents can occur due to a variety of factors, including:
- Lack of safety equipment and training
- Negligence or carelessness on the part of the construction company or its employees
- Defective equipment or machinery
- Unsafe working conditions
- Violations of safety regulations
Steps to Take if You've Been Injured in a Construction Accident:
If you've been injured in a construction accident, there are several steps you should take:
- Seek medical attention: Your health and well-being should be your top priority. Seek medical attention immediately, even if you don't think your injuries are serious.
- Report the accident: Report the accident to your supervisor or employer as soon as possible. This will ensure that the accident is documented correctly, and you may be required to report the accident to the Occupational Safety and Health Administration (OSHA).
- Gather evidence: Take photos of the accident scene and your injuries, if possible. Get contact information from any witnesses.
- Contact a Construction Accident Lawyer: Contact a Construction Accident Lawyer as soon as possible. A lawyer can help you navigate the legal system and ensure you get the compensation you deserve.
OSHA's Fatal Four
The Occupational Safety and Health Administration (OSHA) is a federally run agency that's tasked with implementing and monitoring regulations for certain industries to prevent injury and death while on the job. Through their research, they've found the four most frequent reasons for injuries:
- Falling
- Being struck by an object
- Being electrocuted
- Getting caught between two pieces of heavy machinery or materials.
These have been shown to be the top four causes of death on a jobsite with falling representing over 36% of these incidents. Because of this, OSHA has focused its efforts to increase safety regulations and protocols in these areas.
Filing a Claim for an Injury/Death at a Construction Site
Filing an injury claim for a construction accident can be complicated, which is why many individuals find it easier to work with a construction accident attorney during this process. Your first step will be notifying your employer of the injury and filing a workers' compensation claim. In many minor cases, this will provide enough compensation, but more severe injuries (or fatalities) may require a lawsuit.
If you wish to file a personal injury claim against your employer, you'll have to meet certain exceptions which usually means proving negligence on their part. Negligence is notoriously hard to prove in court since you have to meet four criteria:
- Your employer had a duty of care
- Your employer neglected that duty
- The breach of duty resulted in your injury
- Your injury resulted in damages
Your personal injury attorney will work with you to gather all relevant evidence for this including medical records, witness testimony, and photos. If you need to file a claim for wrongful death at a construction site, you must be either the deceased's surviving spouse, child, or parent and it must be done within two years of the date of death.
Steps to Take After a Construction Accident
The first step you should take after any accident is to get medical care immediately. After your workers' comp claim is filed you may be required to see a specific provider, but until then you can see any doctor you like.
Then, you will need to notify your employer. This should be done within 30 days of the accident and they should help you file a claim through their workers' compensation policy. You'll now want to begin gathering evidence such as witness testimony, doctors' notes, records of any expenses you've incurred due to your injury, and all correspondence with your employer.
You should also contact a local attorney who specializes in these cases and can advise you on your next steps, review your evidence, and negotiate on your behalf. If your workers' comp case doesn't provide sufficient compensation, your lawyer can help you appeal the decision or file a personal injury lawsuit.
Possible Compensation
The potential compensation you'll receive is dependent on the nature of your injury and how long it forces you to be out of work. In general, those who qualify will receive 70% of their average weekly wages as well as have their medical expenses paid for.
If you file a successful personal injury claim you may be able to collect damages for pain and suffering, future lost wages, out-of-pocket expenses, loss of enjoyment of life, or in some cases punitive damages.
Construction Accident Attorney in Houston, Texas
If you're in the Houston, Texas area and have recently been injured while on a construction job site, contact our personal injury attorney at The Cedrick D. Forrest Law Firm in Houston for help with filing your claim and getting the compensation you deserve.
Frequently Asked Questions About Construction Accidents
How long must I file a lawsuit after a construction accident?
The statute of limitations varies by state, but in most cases, you must file a lawsuit two to three years from the accident date.
How much compensation can I receive for my injuries?
The compensation you may receive depends on the severity of your injuries, your medical expenses, lost wages, and other factors. A Construction Accident Lawyer can help you determine the appropriate amount of compensation for your case.
What if I was partly at fault for the accident?
Even if you were partly at fault for the accident, you might still be entitled to compensation. However, your compensation may be reduced by the percentage of fault attributed to you.