Construction Accident Lawyer

The construction industry can be a great place to work, but its work sites are among the most hazardous out there. Heavy machinery, elevated work platforms, power tools, and slippery and uneven surfaces mean that even a momentary lapse in safety protocols can lead to serious or even life-threatening injuries. 

Sadly, the Texas Department of Insurance (TDI) reported that 126 workers lost their lives on construction sites in 2023, making it the second most dangerous workplace that year. If your life has been turned upside down by suffering a life-changing injury at a construction workplace, you need a tenacious lawyer to fight for your rights and the compensation you are owed.

The workplace accident lawyers at Fielding Law are ready to hear your story and provide the legal advice you need. Call (877) 880-4090 or complete our online contact form to talk to us for free.

Understanding Construction Site Accidents

Construction sites present a unique set of hazards and can be the scene of catastrophic injuries. Employers are required to follow Occupational Safety and Health Administration (OSHA) standards. Still, human error, negligence, and lapses in concentration can result in serious injuries. 

If someone else was negligent, including your employer, and you were hurt at work, talk to a Fielding Law construction accident lawyer to explore your legal options.

Some of the most common construction site accidents include:

• Falls: Unsafe scaffolding, slippery, muddy surfaces, and construction debris or tools left untidily can all cause falls that result in serious injuries.

• Falling objects: Construction sites often involve working at height, which requires workers to follow strict safety protocols to avoid falling equipment or construction materials. When safety measures are ignored, people on the ground below can be severely hurt.

• Machinery accidents: Inexperience, lack of training, improperly maintained machinery, and recklessness can lead to construction workers getting injured by heavy, dangerous machinery.

• Electrocution: OSHA cites contact with power lines, incorrect use of equipment, improper use of extension cords, and a lack of ground-fault protection as the most common reasons for electrical incidents occurring on construction sites.

Whatever the circumstances of your accident, many construction site accidents result from negligence, meaning you may have the right to pursue compensation. Therefore, do not assume you do not have a case, regardless of what your employer says. 

Discuss your accident with a compassionate Fielding Law construction accident attorney who genuinely cares about getting the best result for you. He or she can explain your legal rights and may show you a route to a more financially secure future.

Common Construction Accident Injuries

Construction accidents can result in serious injuries that may alter the course of your life. You may suffer long-term pain or disabilities, and may not be able to return to the construction work you did before.

Some common injuries include:

• Traumatic brain injuries (TBI)
• Spinal cord injuries and paralysis
• Broken or crushed bones
• Internal injuries
• Lacerations
• Burns and electric shock injuries
• Respiratory damage from inhaling toxic substances

These injuries can result in extensive medical bills, lost wages, and have a profound impact on your quality of life. 

At Fielding Law, we understand the added complexity of getting injured at work. Many workplaces are like families, and you may face pressure to downplay your injuries. However, to protect your future and that of your family, it is essential to seek qualified legal advice to understand the options open to you.

Your Legal Rights After a Construction Accident

Your legal rights after a construction accident will vary depending on who was liable and whether your employer has workers’ compensation insurance or not. If a third party (such as a negligent subcontractor, equipment manufacturer, maintenance service, or an unsafe property owner) was at fault, you may be able to file a separate lawsuit for compensation in addition to your workers’ compensation claim.

While workers’ compensation insurance is mandatory in many states, most private-entity employers in Texas are not required to have it. While workers’ compensation insurance is a protection after a construction accident, it may limit your legal options.

Rights under workers’ compensation insurance

If your employer has workers’ compensation insurance, you must immediately report your injury and file a report with the Division of Workers’ Compensation. After seeking medical treatment and starting your claim, you may be entitled to:

• Medical benefits: Medical benefits cover treatment directly related to your injury

• Income benefits: Income benefits provide partial wage replacement if you are unable to work due to your construction accident injury

• Supplemental income benefits (SIBs): Supplemental income benefits may be paid if you have an impairment rating of 15 percent or more due to your injury and have either been unable to return to work or had to accept a role earning less than 80 percent of your previous earnings. 

• Lifetime income benefits (LIBs): Benefits may include receiving 75 percent of your average weekly wage if your injuries result in loss of sight, amputation, or other catastrophic injuries.

If your employer does have workers’ compensation insurance, you are generally unable to sue him or her for compensation, as this would be considered double-dipping. What’s more, workers’ compensation has limitations.

Workers’ compensation does not allow you to pursue non-economic or punitive damages. However, you may be able to pursue these damages by means of a third-party claim.

Fielding Law construction accident lawyers can explore the workers’ compensation benefits you may be entitled to and also explain whether there are other routes to financial recovery.

Rights to sue for compensation

If your employer does not have workers’ compensation insurance, you may be entitled to sue him or her for compensation to cover your economic and non-economic losses. This situation is more likely in Texas, where workers’ compensation insurance is not mandatory for most employers. 

If your employer does not carry workers’ compensation, this could mean you can pursue a higher level of compensation than you would otherwise have been entitled to receive. Depending on the circumstances of your accident and how the construction project was administered, other parties may be liable for your accident.

A Fielding Law construction accident lawyer will listen carefully to your story and advise you as to whether you could pursue one of these parties for damages:

• General contractor/other contractors: If multiple contractors are working on the same site and share responsibility for it, you may be able to sue a different responsible party other than your employer.

• Engineers and architects: If you are faithfully following an engineer’s or an architect’s plan and his or her error leads to your accident, you may be able to sue that person

• Equipment manufacturers: If a manufacturing defect or design flaw in a piece of heavy equipment or machinery caused your injury, your attorney may be able to pursue a product liability claim against the manufacturer

• Property owners: In some situations, the property owner may have overall responsibility for safety on site; if he or she is negligent in supervising the site and following safety standards, you could sue for compensation

The takeaway is clear: Construction accidents are complex, and it pays to seek legal advice to ensure you do not lose out because of another person’s negligence.

Let Fielding Law Pursue Justice in Your Construction Accident Case

The construction industry can be very rewarding, but do not let it devastate your life if you get injured on site. Instead, seek qualified legal advice from personal injury lawyers with an outstanding track record of securing the results their clients need.

Fielding Law has won over 4,900 cases and secured more than $141 million in compensation for our clients. Our approach is to focus solely on our clients’ best interests. We take the burden off your shoulders and keep you regularly updated as we fight aggressively for the best possible outcome in your case.

Discover the Fielding Law difference today. Schedule a free consultation by calling (877) 880-4090 or filling out our online contact form, and we will call you back very soon.