If you work in construction, you ]know just how dangerous the work can be. Even when everyone is trying to be careful, construction work can still lead to serious accidents and life-altering injuries. That’s why it’s imperative that construction companies watch out for their workers and strictly enforce safety rules.
If you have been injured in a construction accident, our Arlington construction accident lawyer may be able to help. We can build your case for compensation and help you get the financial recovery you need after a catastrophic injury. We can also handle your case if your loved one passed away in an Arlington construction accident.
How Can a Lawyer Help After a Construction Accident in Arlington?
After you’ve been injured in a construction accident, you may be considering whether hiring a lawyer is right for you. Maybe you aren’t sure what a construction accident attorney does. At Domingo Garcia, our construction accident attorneys will:
- Investigate your construction accident to determine exactly what happened and whether there was any negligence involved.
- Gather evidence in your case, such as interviewing witnesses who saw your construction accident. We can talk to Occupational Safety and Health Administration (OSHA) officials, police officers, or others involved in your case.
- Help you with the process of recovering compensation for a construction injury. For instance, if filing an injury claim is right for you, we can help you take that step. If filing a lawsuit against a negligent party is in your best interest, we can do that as well.
- Give you legal advice and help you understand your options. For example, maybe you have two legal options to take after your construction accident. Your lawyer helps you understand these choices and the pros and cons of each path.
- Handle claim paperwork, legal documentation, and court processes on your behalf.
- Help you understand how state or national laws apply to your situation. This helps you make informed decisions and ensures you don’t leave legal options unexplored.
- Deal with insurance companies for you and represent you in court, if necessary.
- Work with you on a contingency-fee basis. You will not owe us anything out-of-pocket or upfront. You only pay us a portion of your compensation once we win or settle your case.
- Answer any of your legal questions and avoid using confusing legal terminology.
- Keep you updated on the status of your case so you are aware of any updates.
You don’t have to handle the process of seeking justice and financial compensation alone. Having legal assistance can take some of your stress away while you recover from your injuries.
OSHA’s Top Four Construction Hazards
During the construction of a building, there are many dangerous situations that must be navigated in order to avoid accidents and complete a construction project that is safe for occupation. According to the Occupational Safety and Health Administration (OSHA), the four top causes of construction accidents include:
Construction involves electrical work and the use of machinery that can lead to electrocutions. Construction workers can be electrocuted on the job because of overhead power lines or the use of dangerous electric tools.
Falls from Great Heights
Construction often happens at great heights such as on rooftops, on lifts, and on scaffolding. Unfortunately, falls can happen, and OSHA cites falls as the primary cause of death in the construction industry. Falling from high up can result in extremely serious injuries if preventative measures are not taken.
Workers can be injured when they are caught in between objects. For instance, a construction worker could be driving a forklift carrying heavy pallets. If a person gets caught in between these pallets and a wall, they can be crushed, leading to devastating injuries or death.
Struck by Falling Objects
Another serious type of accident at construction sites is when objects fall and hurt someone. A worker who is high up may drop an object that hits another worker who is down below. Objects can fall from cranes and strike workers on the ground. Injuries from falling objects can be severe. To avoid this type of accident, OSHA recommends wearing high-visibility clothing while working on construction sites that might have heavy equipment and vehicles.
Other Types of Arlington Construction Accidents
Extremely heavy equipment is used during construction like cranes and forklifts. Heavy objects are lifted and moved around, and you could encounter dangerous heights without the proper railings. Sharp objects or hazards could be exposed, putting you in danger.
Dangers can be minimized through safety regulations and strict enforcement, but not every accident can be prevented. Here are some accidents that occur during construction work in Arlington:
Car Accidents and Large Construction Vehicle Accidents
Construction workers can be involved in vehicle accidents. A worker could be in a construction vehicle or walking around the site when they are hit by another vehicle. Accidents can also occur involving large construction vehicles like:
- Boom lifts
- Concrete mixer trucks
- Double drum rollers
- Dump trucks
Exposure to Dangerous Fumes or Chemicals
Construction workers are often exposed to dangerous toxins, fumes, chemicals, or substances. For instance, a construction worker could be exposed to asbestos, a substance known for causing respiratory illnesses such as lung cancer, according to the United States Environmental Protection Agency (EPA).
Heavy or dangerous equipment is a necessary part of construction work and can cause injuries. For example, construction workers frequently work with saws, belt conveyors, hoists, and other heavy machinery. Limbs can be caught or even amputated in these types of construction equipment.
Hearing Loss and Repetitive Motion Injuries
Construction work can also result in injuries caused by the work itself. For instance, exposure to construction noise can lead to damaged eardrums and hearing loss over time. Repetitive motion injuries can result from constantly engaging in the same physical tasks day after day, such as debilitating back injuries caused by lifting heavy objects.
Trip and Fall Accidents
A lot of objects and debris are strewn around construction sites, and even when you’re vigilant, you can still be injured in a trip and fall or slip and fall accident. These types of accidents can result in serious injuries, including head injuries, broken bones, puncture wounds, cuts and lacerations, and more.
Seeking Compensation for an Arlington Construction Accident
Your employer may be a non-subscriber, meaning they do not have workers’ compensation insurance. If this is the case, you can still seek compensation through a personal injury claim.
If your employer does not subscribe to workers’ compensation, you may be able to hold your employer or a third party liable for your injuries.
Filing a Lawsuit After a Construction Accident
In some cases, injured workers have the option to file a personal injury lawsuit in court. You still have to prove your injuries and damages, and that your case occurred due to another party’s negligence.
If you choose to file a lawsuit for compensation, you have two years to do so, per Texas Civil Practice and Remedies Code § 16.003.
Your loved one could have passed away due to a fatal construction accident. You can file a wrongful death lawsuit to get compensation for your family. You also have two years to file a wrongful death lawsuit. A construction accident lawyer from our firm can help you file your lawsuit in accordance with the statute of limitations.
Recoverable Damages for a Construction Accident
After a construction accident, you have likely experienced an injury of some kind. Whether minor or severe, your injury has probably impacted your life in negative ways.
A major injury such as an amputation injury could result in huge changes to your life. Maybe you won’t be able to work again. Perhaps the mental trauma is causing you to lose sleep and you can no longer participate in activities you enjoy. You may also have expensive medical bills or require a prosthetic, which is not free.
You can seek financial compensation for a construction accident. The at-fault party could be required to pay for your suffering and losses.
Common construction accident damages include:
- Medical expenses
- Rehabilitation costs
- Pain and suffering
- Mental distress
- Mental health treatment
- Lost wages
- Lost ability to earn a living
- Lost life enjoyment
- Scarring and disfigurement
- Loss of household services
- The cost of disability accommodations
In the case of wrongful death due to a construction accident, family members of the victim may also be able to seek compensation. Our Arlington construction accident attorneys can handle your case for you while you take time for your family.
Arlington Construction Accident Injuries
Many different types of injuries can occur on construction sites. For example, you could be working on top of a building as a roofer and fall off of the roof. Maybe you were a road construction worker and were struck by a speeding vehicle. A construction worker could get a hand caught in a piece of machinery or sustain a head injury due to a slip and fall.
All types of injuries are compensable if someone else was liable. Some injuries you may suffer from after a construction accident are:
- Traumatic brain injuries (TBI): Head injuries are among the more severe injuries a person can suffer. Falling from a ladder, being struck on the head by a falling object, or being in a vehicle accident can all cause traumatic brain injuries. Head injuries can impact your life forever, causing issues like memory loss, balance and coordination issues, and personality changes.
- Eye injuries: A defective nail gun, an explosion, or a machinery accident can result in eye injuries or even eye loss.
- Internal injuries: Damage to vital organs or major body systems can negatively impact your health for life. Puncture wounds, crushing accidents, or exposure to harsh chemicals can all damage organs or your overall health.
- Occupational illnesses: Construction workers are frequently exposed to dangerous fumes or toxins, and exposure can cause diseases such as cancer. Other occupational illnesses could include respiratory diseases, carpal tunnel syndrome, skin diseases, and asthma.
- Crushing injuries: Heavy equipment accidents, vehicle collisions, or caught-in/between accidents can cause crushing injuries. Injuries could include shattered bones, damage to organs, plus nerve, muscle, and tissue damage.
- Limb loss: The loss of a limb is a catastrophic injury that causes much damage to victims. Limb loss during construction work can be caused by equipment malfunctions or by workers getting caught in moving machinery.
- Burn injuries: Explosions, fires, vehicle accidents, and chemicals can cause burns that damage skin, nerves, muscle tissue, and organs. Burn injuries can result in significant pain and mental trauma for victims.
- Vision and hearing loss: Construction workers are frequently exposed to loud sounds and dangerous situations that can cause vision and hearing loss.
Do You Have to Go to Court for a Construction Accident?
Some people think you have to go to court to recover financial compensation for a construction injury, but that’s not always necessary. Filing a personal injury claim through insurance could result in the financial compensation you need following your accident. Even some personal injury lawsuits are settled out of court before going to trial.
However, it is possible for a construction accident case to go to court. If you do have to go to court, our Arlington construction accident lawyer can prepare you for the process. Our team can:
- Help you get your lawsuit filed on time
- Represent you at initial court hearings and explain the details of your construction accident case
- Set trial dates for your construction accident case
- Defend you in trial and present evidence
- Hire expert witnesses to explain the details of your case in court
- Help you reach a fair outcome for compensation
Who Could Be Liable for an Arlington Construction Accident?
Construction accident liability can be complex and difficult to determine in some cases. That’s because construction companies often work with contractors and third parties who could also play a role in causing a construction accident. Additionally, sometimes more than one party is to blame for an accident and liability can be shared.
In some cases, your employer—a construction company—could be liable for your injuries and damages. In other instances, it could be a third-party contractor that caused a dangerous situation that got you hurt. Sometimes, innocent bystanders who don’t even work at a construction company can be hurt by negligent construction companies.
Regardless of the situation, a construction injury attorney from our firm can examine the accident to piece together what went wrong and who could be liable for damages.
Some parties who could be liable for a construction accident include:
Equipment Manufacturing Companies
If your injury was the result of defective construction machinery, the company that manufactured the defective equipment could be liable for your injuries and losses. You can go after that party to recover financial compensation and justice. Your claim or lawsuit could also lead to safer regulations or manufacturing laws that protect others from being injured in the same manner.
If a construction company employs you, you may be able to seek financial compensation for an accident the company is responsible for.
For example, if you were hurt because your supervisor didn’t follow safety regulations on a job site, your employer could be liable. You could be eligible to file a claim or lawsuit against your employer for negligence.
If you were working at a construction site and a third-party contractor was involved in causing your accident, you could sue the contractor. For example, if a crane operator was employed by a third-party company and dropped an object that fell on you, the contractor could be liable for your injuries and damages.
Sometimes, the government can be responsible for a construction accident. For instance, if your injury occurred on government property and negligence was involved in your accident, the government could be liable for your losses.
Domingo Garcia Has Secured Million Dollar Verdicts for Our Clients
Domingo Garcia has experience working with clients who have suffered construction accident injuries. Some of the settlements we’ve helped our clients reach include:
- Failure to train an employee on safety equipment: $26,500,000 jury verdict
- Failure to cover a roof opening that led to paraplegia: $5,500,000 settlement
- Unsafe scaffolding: $4,600,000 settlement
For 35 years, we have helped our clients reach fair outcomes in their cases. We can work with you after your Arlington construction accident to get the compensation you need.
What Are Some of the Main Causes of Construction Accidents?
Accidents in construction are often caused by negligence, and accidents could be prevented if the proper precautions were taken.
For example, if your employer fails to provide you with safety training, it could be your employer’s fault if you get injured. Safety training is important to prevent injuries, and it’s your employer’s job to ensure that all workers receive the training they need to be safe on the job.
Some other examples of causes of construction accidents include:
No Safety Equipment
Let’s say you start a new construction job and are not provided with a hard hat. You could sustain a serious brain injury if you are struck on the head. Failure to provide construction workers with the safety equipment they need could get them severely injured. Lack of safety equipment is a major issue, and employers can be held liable for their negligence.
Construction workers can be seriously injured if hazards are not properly marked or guarded.
For instance, if you are working at a construction site and a large, deep hole was dug in the ground but left unguarded or unmarked, you could accidentally fall into the hole and be severely injured.
Hazards should be guarded by workers, surrounded by guardrails, marked by caution tape, or otherwise identified as a danger. If an employer fails to mark hazards, the employer could be liable for your injuries.
Sometimes, a supervisor or manager will defy safety rules and cut corners. This could happen when they are trying to complete a construction project on time. They might just not care or think safety rules are unnecessary. Whatever the reason, ignoring safety regulations can cause serious injuries.
Unsafe Decisions or Careless Work Habits
Construction accidents can happen because of unsafe decisions on the part of a supervisor or manager, failing to hold workers accountable for dangerous or careless behaviors, or failing to fix construction equipment that is in need of repair.
For instance, if a supervisor knows that a piece of construction equipment is not in good working order but continues to allow workers to use it, that behavior would be considered negligent.
Workers can be seriously injured due to negligent or unsafe behavior on the part of fellow employees, supervisors, or owners of a construction company.
Get Legal Help from Domingo Garcia for a Construction Accident Case
Construction is important but hazardous work, and you could be suffering right now because of an injury. Whether your injury is minor or serious, you can seek financial compensation for your losses and pursue justice for what you’ve been through. Filing a personal injury claim or a lawsuit for an injury or wrongful death could be the next step for you.
Our Arlington construction accident lawyer can explain your legal options after an accident. Domingo Garcia has taken on construction injury cases like yours in the past. Reach out to our firm to speak with a member of our team during a free consultation.