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Two Workers Crushed by 1,000 Pounds of Rebar at San Antonio Construction Site

One worker is in critical condition and another was serious injured after being crushed under 1,000 pounds of rebar at a construction site on San Antonio’s West Side. Two other workers suffered injuries from debris.

About the San Antonio Construction Accident

According to the San Antonio Express-News, the accident occurred Thursday afternoon at a Texas Department of Transportation work site near Loop 410 and U.S. 90. Incident reports say a row of rebar support beams measuring about 20 yards long came crashing down on top of the workers.

Workers at the site were tying the rebar together in order to form a support structure when the accident occurred. During this process, one of the beams suspending the rebar tipped over, causing the hole bundle to crash down.

One of the workers was completely trapped under the rebar. He suffered multiple broken bones and serious head trauma. Another worker suffered serious injuries when his leg was caught underneath the rebar.

The construction site is meant to be a new access road from Loop 410 to westbound U.S. 90.

Construction Accident Statistics

The following information was provided by the Occupational Safety and Health Administration (OSHA):

  • 4,836 workers were killed on the job in 2015. This averages to more than 93 deaths a week or more than 13 deaths every day.
  • Of the 4,379 worker fatalities that occurred in private industry, 937 were associated with construction.
  • The leading causes of construction-related deaths are:
    • Falls
    • Struck by object
    • Electrocutions
    • Caught-In/Between

 

 

Deadly San Antonio Workplaces

No one should have to fear being injured while on the job; however, every year millions of workers are injured or fall ill due to workplace accidents every year. In severe cases, these injuries and illnesses can result in death. The Occupational Safety and Health Administration (OSHA) recorded 5,190 workplace deaths in 2016 along – this averages to more than 14 deaths every day.

Using OSHA records from January 2009 through May 2015, the San Antonio Express-News has gathered information on workplace deaths from multiple industries in San Antonio, proving that fatal workplace accidents can happen in any occupation.

JJJ Mechanical

Date of Incident: May 17, 2017

Cause of Death: Worker fatally crushed between the rail of a scissor lift and a concrete wall.

Stark Contracting, LLC

Date of Incident: March 7, 2017

Cause of Death: Worker killed in a trench collapse.

Native American Contracting LLC

Date of Incident: February 6, 2016

Cause of Death: Worker killed in fall.

Step It Up Construction

Date of Incident: January 23, 2017

Cause of Death: Worker struck by bucket.

Aramark American Food Services

Date of Incident: February 3, 2017

Cause of Death: Worker asphyxiated while working in a crawl space to unclog drains.

Cracker Barrel

Date of Incident: December 1, 2016

Cause of Death: Worker killed in slip and fall accident.

Texas Fifth Was Roofing Systems

Date of Incident: June 7, 2016

Cause of Death: Worker died after falling from a roof.

Douglas King Seed Co.

Date of Incident: May 13, 2016

Cause of Death: Worker died after being struck by an auger.

Texas fifth Wall Roofing

Date of Incident: May 6, 2016

Cause of Death: Worker killed in fall from a roof.

GTZ Construction

Date of Incident: April 25, 2016

Cause of Death: Worker died after falling from roof.

Metro Waste Systems

Date of Incident: April 12, 2016

Cause of Death: Worker was fatally crushed by garbage truck trash compactor.

DoubleTree by Hilton

Date of Incident: February 29, 2016

Cause of Death: Worker electrocuted while working on HVAC.

Whittlesey Lanscape Supplies & Recycling Inc.

Date of Incident: March 3, 2015

Cause of Death: Worker dies after fall from dump trailer ladder.

Chalk Mountain Services of Texas LLC

Date of Incident: August 18, 2014

Cause of Death: Worker crushed in sandbag collapse.

Southwest Research Institute

Date of Incident: June 25, 2014

Cause of Death: Worker killed when combustion unit exploded.

Surlean Foods

Date of Incident: June 18, 2014

Cause of Death: Worker struck and killed by motor vehicle.

G.W. Drywall

Date of Incident: September 23, 2013

Cause of Death: Worker died after falling 19 feet from a platform.

Upstage Center Inc.

Date of Incident: April 5, 2013

Cause of Death: Worker fell 100 feet while dismantling iron cross beams in a concert stage setup.

Comfort-Air Engineering Inc.

Date of Incident: March 27, 2013

Cause of Death: Employee fell through skylight while installing HVAC piping.

TK Holdings Inc.

Date of Incident: January 1, 2013

Cause of Death: Employee fatally crushed in die press.

Stagg LLC

Date of Incident: September 15, 2012

Cause of Death: Worker died after slipping on wet floor.

Elias Ovalle-Gonzalez

Date of Incident: July 28, 2012

Cause of Death: Worker died after falling from a scaffold

William Brothers Construction Company Inc.

Date of Incident: June 9, 2012

Cause of Death: Worker installing metal decking on highway fell 50 feet.

Indus Construction LP

Date of Incident: May 5, 2012

Cause of Death: Bridge Worker installing rebar died after falling 18 feet.

Spectrum Painting

Date of Incident: April 14, 2012

Cause of Death: Worker died at the hospital after falling three feet from a letter.

Fry Roofing Inc.

Date of Incident: January 14, 2012

Cause of Death: Worker died after falling 25 feet from a roof.

Certifit Inc.

Date of Incident: January 7, 2012

Cause of Death: Worker was struck and killed by a commercial vehicle near a delivery ramp.

Hilario Valero

Date of Incident: October 29, 2011

Cause of Death: Worker died after falling 18 feet from roof.

Old Dominion Freight Line Inc.

Date of Incident: August 27, 2011

Cause of Death: Worker was crushed between a trailer and a dolly while connecting the trailer’s air lines.

Con-Way Freight

Date of Incident: July 16, 2017

Cause of Death: Worker was killed when a crate of equipment fell on top of him.

International Bankshare Corp.

Date of Incident: May 14, 2011

Cause of Death: Worker walking on an elevated catwalk dies after failing through an unsecured access door.

Austin Distributing

Date of Incident: April 16, 2011

Cause of Death: Worker crushed after being pinned between the bucket and body of a front end loader.

Marcus De Los Santos

Date of Incident: May 8, 2010

Cause of Death: Worker falls seven stories from scaffolding.

MOD Space

Date of Incident: April 10, 2010

Cause of Death: Worker pinned between forklift and vehicle.

Mission Open Air Market

Date of Incident: December 18, 2009

Cause of Death: Worker was struck by a vehicle.

Lopez Landscaping

Date of Incident: November 13, 2009

Cause of Death: Worker caught in trench cave in.

Holts Mechanical

Date of Incident: November 13, 2009

Cause of Death: Worker died after falling 25 feet through skylight.

Dausin Electric Company San Antonio

Date of Incident: August 7, 2009

Cause of Death: Worker Electrocuted

Contact an Experienced Workplace Accident Attorney

Thomas J. Henry Injury Attorneys fight to protect the rights of workplace injury victims. If you or someone you love has been injured or killed on the job, contact Thomas J. Henry Injury Attorneys. The goal of our offices is to not only protect your rights, but to send a message so the same tragedy does not happen again. We represent clients/victims all over the country.

West, Texas Receives $10 Million in Fertilizer Plant Explosion Lawsuit

The Central Texas town of West has accepted a $10.44 million settlement to resolve a lawsuit dealing with a plant explosion that left more than a dozen dead and hundreds wounded.

Details of the West Fertilizer Plant Explosion

The 2013 explosion occurred at the West Fertilizer Co. north of Waco. The blast resulted in the deaths of 12 emergency responders and three members of the public. An additional 260 people were injured.

The blast destroyed the fertilizer facility as well as 500 homes and damaged streets, water lines, sewer systems, and other integral parts of the city’s infrastructure. The explosion left behind a crater that was 93 feet wide and 12 feet deep.

The resulting lawsuit, which was filed on behalf of the city, claimed the defendants were negligent in selling and/or distributing the ammonium nitrate-based fertilizer used by the plant, that they failed to properly warn of the dangers associated with handling and storage of the product, and that the product should have never been sold to West Fertilizer.

Breakdown of the West Fertilizer Settlement

The settlement marks the end of more than 4 years of litigation, and provides funds for damages not covered by insurance or grants from state and federal agencies.

The city of West has disclosed the amount and details of the settlement as required by law. Payments are as follows:

  • CF Industries will pay $6.4 million
  • El Dorado Chemical will pay $3.9 million
  • Adair Grain Inc. will pay $143,000

Contact an Experienced Workplace Accident Attorney

Thomas J. Henry Injury Attorneys fight to protect the rights of workplace injury victims. If you or someone you love has been injured or killed on the job, contact Thomas J. Henry Injury Attorneys. The goal of our offices is to not only protect your rights, but to send a message so the same tragedy does not happen again. We represent clients/victims all over the country.

 

Workplace Fatalities On the Rise

Oil workers operating oil drilling equipment

A new report shows that workplace fatalities are becoming increasingly common with a 7-percent increase in workplace deaths in 2016 alone.

Workplace Fatalities Have Been on the Rise for Three Consecutive Years

2016 marked the third consecutive year that workplace fatalities have risen and also marked the first time in nearly a decade that the number of workers killed on the job topped 5,000, according to the National Safety Council.

Data shows that in 2016, there were 5,190 workplace fatalities recorded in the United States, a seven-percent increase over 2015, and that rate of fatal workplace injuries rose from 3.4 per 100,000 full-time equivalent workers in 2015 to 3.6 in 2016.

Transportation incidents cause the most workplace deaths in 2016, accounting for roughly one out of every four fatal injuries. Workplace violence injuries increased by a disheartening 23 percent, making it the second most common cause of workplace death.

Analysts also noted a 22-percent increase in exposure to harmful substances or environments.

Industries with an increase greater than 10 percent in fatal work injuries included:

  • Food preparation and servicing (64 percent)
  • Installation, maintenance, and repair (20 percent)
  • Building and ground cleaning and maintenance (14 percent)
  • Sales and related occupations (11 percent)

2016 Workplace Injury Statistics

The following information was provided by the Occupational Safety and Health Administration (OSHA):

  • 5,190 work-related deaths were recorded in 2016, marking an average of more than 99 deaths a week or more than 14 deaths every day.
  • Of the 4,693 fatalities recorded in the private industry, 991 or 21.1 percent occurred in construction.
  • Among the leading causes of work-related deaths were:
    • Falls
    • Transportation accidents
    • Struck-by object
    • Electrocution
    • Caught-in/between

Construction Company Owner Charged in Worker’s Death

The owner of a Seattle-based construction company has been charged with felony manslaughter in connection with an employee’s on the job death.

About the Fatal Construction Accident

According to reports, Phillip Numrich, owner of Alki Construction, is charged with felony manslaughter for the 2016 death of Harold Felton who was killed when the dirt walls of the trench he was working in collapsed.

In their investigation of the incident, the Washington Department of Labor & Industries (L&I) determined that the company had committed multiple workplace safety violations, including “willful” violation – which are considered the most severe. Alki Construction was fined $51,500.

When commenting on the matter, L&I Director Joel Sacks commented “There are times when a monetary penalty isn’t enough. This company knew what the safety risks and requirements were, and ignored them. The felony charges show that employers can be held criminally accountable when the tragedy of a preventable workplace death or injury occurs.”

Prior to the fatal incident, the company had dug trenches next to a Seattle home to replace a sewer line. The trench was about seven-feet deep and less than two-feet wide with no system to prevent sides from caving in. This was a clear violation of industry standards, including one requiring trenches more than four feet in depth have protective systems in place to prevent cave ins.

Other requirements include providing a ladder or ramp for safe exit and completing daily inspection to monitor changes in soil conditions. Alki failed to follow these requirements as well.

Construction Accident Statistics

The following information was provided by the Occupational Safety and Health Administration (OSHA):

  • 4,836 workers were killed on the job in 2015. This averages to more than 93 deaths a week or more than 13 deaths every day.
  • Of the 4,379 worker fatalities that occurred in private industry, 937 were associated with construction.
  • The leading causes of construction-related deaths are:
    • Falls
    • Struck by object
    • Electrocutions
    • Caught-In/Between

25 Most Dangerous Jobs in the United States

Injuries, minor and severe, can occur in any workplace setting; however, some industries are more dangerous than others. These are the 25 most dangerous jobs in the U.S. as determined by USA Today.

25. Heating, Air Conditioning, and Refrigeration Mechanics/Installers

  • Fatal injuries in 2016: 8.4 per 100,000 workers
  • Total: 37 fatal injuries, 6,830 nonfatal injuries
  • Most common accident: Falls, slips, and trips

Heating, air conditioning, and refrigeration work is often associated with extreme temperatures and cramped spaces. Dangerous environments combined with harmful substances accounted for roughly 27% of all fatal workplace injuries; however, trips, slips, and falls.

24. Construction and Maintenance Painters

  • Fatal injuries in 2016: 8.6 per 100,000 workers
  • Total: 50 fatal injuries, 3,530 nonfatal injuries
  • Most common accident: Falls, slips, and trips

While all painters deal with dangerous chemicals and conditions, those who work in construction and maintenance often apply paint, stain, and coating to high walls, tall ceilings, building exteriors, bridges, and other structures. Painters for bridges and large buildings may also rely on ropes and cables for suspension and access to hard to reach areas. Of the 50 deaths recorded in 2016, more than half were the result of falls.

23. Industrial Machinery Installation, Repair, and Maintenance Workers

  • Fatal injuries in 2016: 9.3 per 100,000 workers
  • Total: 45 fatal injuries, 4,490 nonfatal injuries
  • Most common accident: Struck by object

Industrial machinery installation, repair, and maintenance work involves factory equipment such as conveying system, production machinery, and packaging equipment. Some of the most dangerous work involves installing and repairing such equipment where workers are expected to follow strict safety precautions.

22. Electricians

  • Fatal injuries in 2016: 10.0 per 100,000 workers
  • Total: 79 fatal injuries, 7,790 nonfatal injuries
  • Most common accident: Falls, slips, and trips

Common electrician injuries include electrical shocks, falls, and burns. Combine electrical hazards with cramped spaces and standing or kneeling for long periods of time, and it is understandable why injury rates are so high for electricians at twice the rate of the national hazard.

21. Operating Engineers and Other Construction Equipment Operators

  • Fatal injuries in 2016: 10.6 per 100,000 workers
  • Total: 39 fatal injuries, 4,750 nonfatal injuries
  • Most common accident: Overexertion and bodily reaction

Construction has always been a dangerous industry. Operating heavy equipment on such a site is associated with serious injuries, sprains, tears, fractures, punctures, and lacerations. Generally, these injuries result in an average of 17 days of missed work.

20. Athletes, Coaches, Umpires, and Related Workers

  • Fatal injuries in 2016: 11.7 per 100,000 workers
  • Total: 29 fatal injuries, 4,250 nonfatal injuries
  • Most common accident: Overexertion and bodily reaction

While it may not be a surprise that injuries are common in field and professional sports, the fatality rate is certainly something of note. With a rate of 11.7 deaths per 100,000 workers, athletes and coaches had a higher rate of death than in all but 19 other jobs.

19. Telecommunications Line Installers and Repairers

  • Fatal injuries in 2016: 12.1 per 100,000 workers
  • Total: 21 fatal injuries, 2,480 nonfatal injuries
  • Most common accident: Overexertion and bodily reaction

Telecommunication lines often involve dangerous heights and electrical currents. Still, car accidents accounted for the lion’s share of on the job fatalities with falls, slips, and trips accounting for 29%. A typical injury in the profession was associated with 36 days of recovery before the employee could return to work.

18. First-Line Supervisors of Landscaping, Lawn Service, and Groundskeeping Workers

  • Fatal injuries in 2016: 13.2 per 100,000 workers
  • Total: 30 fatal injuries, 1,320 nonfatal injuries
  • Most common accident: Overexertion and bodily reaction

Grounds maintenance often requires powerful and sharp machinery. Unsurprisingly, one-third of all deaths in the profession are the result of unintended contact with objects and equipment.

17. Taxi Drivers and Chauffeurs

  • Fatal injuries in 2016: 13.2 per 100,000 workers
  • Total: 60 fatal injuries, 2,730 nonfatal injuries
  • Most common accident: Roadway incidents

Automobile accidents are by no means uncommon. As such, it should not be surprising that professions dealing with transport and travel are also associated with an increased risk of injury and death. However, in addition to collisions, taxi work is also associated with a risk of altercations with clients. If fact, 43.3% of taxi driver and chauffeur deaths were the result of violent altercations.

16. General Maintenance and Repair Workers

  • Fatal injuries in 2016: 13.4 per 100,000 workers
  • Total: 75 fatal injuries, 27,900 nonfatal injuries
  • Most common accident: Overexertion and bodily reaction

General maintenance and repair workers are tasked with a variety of jobs dealing with a multitude of equipment and requiring a variety of tools. Among the most common risks are electrical shocks, falls, cuts, and bruises.

15. Electrical Power-Line Installers and Repairers

  • Fatal injuries in 2016: 14.6 per 100,000 workers
  • Total: 21 fatal injuries, 1,710 nonfatal injuries
  • Most common accident: Overexertion and bodily reaction

Similar to electricians and telecommunication line workers, power-line installation and repair is associated with difficult working conditions and electrical hazards as well as electrical shocks, burns, and falls.

14. Police and Sheriff’s Patrol Officers

  • Fatal injuries in 2016: 14.6 per 100,000 workers
  • Total: 108 fatal injuries, 28,740 nonfatal injuries
  • Most common accident: Intentional injury by other person

108 police and sheriff’s patrol officers died in action in 2016. The two leading causes of death were intentional shootings and car accidents.

13. Construction Laborers

  • Fatal injuries in 2016: 15.1 per 100,000 workers
  • Total: 254 fatal injuries, 24,650 nonfatal injuries
  • Most common accident: Struck by object

Construction labor is a dangerous industry. Over one-third of the deaths were the result of slips and falls and one-quarter were associated with unintentional contact with equipment.

12. First-Line Supervisors of Mechanics, Installers, and Repairers

  • Fatal injuries in 2016: 15.7 per 100,000 workers
  • Total: 44 fatal injuries, 4,140 nonfatal injuries
  • Most common accident: Struck by object

First-line supervisors of mechanics, installers, and repairers had an on the job fatality rate four times the national average. The leading cause of death among the profession was violence from another person or an animal. The leading causes of non-fatal injury were being struck by an object or being caught in machinery.

11. Grounds Maintenance Workers

  • Fatal injuries in 2016: 17.4 per 100,000 workers
  • Total: 217 fatal injuries, 20,100 nonfatal injuries
  • Most common accident: Struck by object

Groundskeepers often work with sharp tools, such as saws and hedge trimmers, and do have to deal with dangerous heights. As such, it is not surprising that the majority of their injuries involve coming in contact with dangerous equipment and falls.

10. Miscellaneous Agricultural Workers

  • Fatal injuries in 2016: 17.4 per 100,000 workers
  • Total: 156 fatal injuries, 12,710 nonfatal injuries
  • Most common accident: Struck by object

Agricultural workers make common use of equipment like tractors and off road vehicles. As a result, roughly half of all fatal injuries involving agricultural workers were caused by transportation incidents. The rate of injury among agricultural workers is about double the national average with a rate of 1,526 injuries for every 100,000 workers.

9. First-Line Supervisors of Construction Trades and Extraction Workers

  • Fatal injuries in 2016: 18.0 per 100,000 workers
  • Total: 134 fatal injuries, 6,090 nonfatal injuries
  • Most common accident: Falls, slips, and trips

Just like other first-line supervision positions, supervisors involved in construction and extraction are not immune to the risks of their industry. Nearly 1 in 5 injuries for the profession involved being struck by a falling object while another fifth involved the individual falling from one story or higher.

8. Farmers, Ranchers, and Other Agricultural Managers

  • Fatal injuries in 2016: 23.1 per 100,000 workers
  • Total: 260 fatal injuries
  • Most common accident: Falls, slips, and trips

As with miscellaneous agricultural workers, a large portion of fatal injuries affecting farmers, ranchers, and other agricultural managers from incidents involving tractors and off road vehicles.

7. Driver/Sales Workers and Truck Drivers

  • Fatal injuries in 2016: 24.7 per 100,000 workers
  • Total: 918 fatal injuries, 80,180 nonfatal injuries
  • Most common accident: Overexertion and bodily reaction

Again, more time on the road means a greater risk of accident. 80% of all fatal injuries involving these occupations were the result of traffic crashes.

6. Structural Iron and Steel Workers

  • Fatal injuries in 2016: 25.1 per 100,000 workers
  • Total: 16 fatal injuries, 1,440 nonfatal injuries
  • Most common accident: Struck by object

Structural iron and steel workers are responsible for work on tall buildings and bridges and completeing structural frame works. Because of the extreme heights, fall can be catastrophic and deadly. Roughly 56% of all fatal injuries recorded in this field involved falls. Non-fatal injuries generally involved being struck by an object.

5. Refuse and Recyclable Material Collectors

  • Fatal injuries in 2016: 34.1 per 100,000 workers
  • Total: 31 fatal injuries, 6,170 nonfatal injuries
  • Most common accident: Falls, slips, and trips

Refuse and recyclable material collection involves two common hazards: transportation and heavy equipment. 67% of industry deaths involved the former. Another common cause of death and industry involved workers being struck by other vehicles while working.

4. Roofers

  • Fatal injuries in 2016: 48.6 per 100,000 workers
  • Total: 101 fatal injuries, 3,150 nonfatal injuries
  • Most common accident: Falls, slips, and trips

Roofing work involves climbing and heavy lifting and is often done in hot weather. Exhaustion and fatigue leads to an increased risk of accident, and when working on a roof, an accident fall can be fata.

3. Aircraft Pilots and Flight Engineers

  • Fatal injuries in 2016: 55.5 per 100,000 workers
  • Total: 75 fatal injuries, 470 nonfatal injuries
  • Most common accident: Overexertion and bodily reaction

Inconsistent work schedules and overnight layovers can leave pilots exhausted and fatigued. This can result in an increased risk of injury, overexertion, and bodily reactions. Flying may be the safest form of travel, but there are plenty of risks that pilots and flight engineers face on a daily basis.

2. Fishers and Related Fishing Workers

  • Fatal injuries in 2016: 86.0 per 100,000 workers
  • Total: 24 fatal injuries
  • Most common accident: N/A

Commercial fishing is hazardous physical work which introduces unique hazards in the form of weather and the ocean. Additionally, working on the water leaves the workers without quick access to medical help and hospitals. With a fatality rate of 86 per 100,000 workers, commercial fishing comes in second on the list of most dangerous occupations.

1. Logging Workers

  • Fatal injuries in 2016: 135.9 per 100,000 workers
  • Total: 91 fatal injuries, 900 nonfatal injuries
  • Most common accident: Struck by object

Similar to commercial fishing, logging is physically demanding and present hazards that are unique to the profession. Also like fishing, the work is done outdoors in remote areas, far removed from quick medical aid. Take into account the falling trees and dangerous machinery and it is no surprise that logging is the most dangerous occupation in America.

Contact an Experienced Workplace Accident Attorney

Thomas J. Henry Injury Attorneys fight to protect the rights of workplace injury victims. If you or someone you love has been injured or killed on the job, contact Thomas J. Henry Injury Attorneys. The goal of our offices is to not only protect your rights, but to send a message so the same tragedy does not happen again. We represent clients/victims all over the country.

Can I Sue If I Was Injured While Visiting or Walking By a Construction Site?

If you are injured while walking by or visiting a construction site, it can be difficult to determine who was at fault in your accident. In many cases, depending on the circumstances, multiple parties may be responsible for your accident and injuries.

A diligent investigation early on and throughout the claim process in extremely important in such accidents. That is why you should hire an attorney immediately.

How Does Shared Liability Work in a Texas Construction Accident?

When establishing fault in Texas, it is important to remember that Texas uses a modified comparative fault standard when apportioning fault and awarding damages. This is often referred to as “proportionate responsibility.”

Under this standard, the amount of damages a party is responsible for is proportionate to the percentage of fault they carry for an accident or injury. For example, if a scaffolding company is determined to be 70% responsible for your injuries and a construction company 30% responsible, the actual damages awarded would be split 70/30 between the scaffolding company and the construction company, respectively.

Proportionate responsibility also means that if you are found partly responsible for you injuries, the damages awarded to you could be reduced. For example, if you were ignoring proper safety procedures when the accident occurred, the court could determine that you were 30% at fault for the accident and therefore 30% at fault for your injuries. As such, if you were awarded $10,000 in damages, you would only be able to recover 70% of that amount or $7,000.

Additionally, Texas follows the 51% bar rule. This means that you may not collect damages for injuries if you are determined to be 51% or more at fault for your injuries.

If you have been involved in a construction accident, those responsible for your injuries will try to shift blame onto you in an attempt to limit their own liability. Consulting with an attorney prior to communicating with those responsible for your accident can help protect your rights and claim to compensation.

What Should I Do If I’ve Been Involved in a Construction Accident?

The aftermath of a construction accident can seem overwhelming – you have likely sustained a serious injuries along with severe pain and uncertainty, but you have options. By following these simple steps, you can put yourself in a better position to achieve physical and financial recovery.

  1. Seek medical attention immediately
  2. File a report as soon as possible and receive copies of all documentation
  3. If possible, take photographs of the work site and any tools or equipment involved in the accident
  4. Collect names and contact information of witnesses to the accident, including workers and bystanders
  5. Document any changes in your health due to the construction accident as well as any visits with a doctor
  6. Contact an experienced construction injury attorney

You will likely be approached by the parties responsible and insurance companies who will attempt to have you sign away your rights as an injured individual. Do not sign any documents or provide any written or recorded statements until you have consulted with an attorney.

How Will an Attorney Help Me Determine Fault?

In addition to reviewing the evidence and facts of your case, Thomas J. Henry will employ an array of experts who are able to provide expert reports and testimony on how your accident occurred and who is at fault.

Finding the right expert for your unique situation is crucial in achieving positive results. As such, Thomas J. Henry has spent years finding and building professional relationships with the best expert witnesses from across the country. Each witness undergoes a thorough examination and questioning process before ever taking part in any aspect of a case. In a construction accident lawsuit, we may employ the services of the following experts:

  • Workplace safety compliance experts
  • Industrial accident reconstruction experts
  • Premises maintenance experts
  • OSHA consultants
  • Safety equipment experts
  • Ladder experts
  • Occupational and environmental health experts
  • Hazardous chemicals experts
  • Process safety management experts
  • Physicians, psychical therapists, and other healthcare professionals
  • Fire and explosion investigators

Expert witnesses can provide detailed information regarding your construction site injury. Our construction job injury lawyers are always looking for intuitive ways to use experts in construction accident cases.

Thomas J. Henry Personal Injury Attorneys

Thomas J. Henry is a personal injury law firm with offices in Corpus Christi, Texas, San Antonio, Texas and Houston, Texas representing accident victims nationwide. Our priority is to provide our clients with the best legal representation. Our experienced trial attorneys are committed to defending your rights in personal injury matters including defective products, recalled drugs, child injuries, and auto accidents.

If you or someone you love has been injured in an accident, contact our offices immediately – we are available 24/7, nights and weekends.

What is Comparative Fault and How Does it Affect My Texas Construction Accident Case?

Comparative fault is a concept by which multiple parties are assigned a percentage of fault for an accident or incident that has resulted in injury or death. In a construction accident, you may have three, four, or five parties that contributed to an accident. Comparative fault allows you to hold all of these parties responsible for the role they played in your accident and injuries.

What is an Example of Comparative Fault in a Texas Construction Accident?

The first thing to remember is that comparative fault varies from state to state. Texas, for example, uses a modified comparative fault standard when apportioning fault and awarding damages. This is often referred to as “proportionate responsibility.”

Under this standard, the amount of damages a party is responsible for is proportionate to the percentage of fault they are determined to carry for an accident or injury. A simple example of this would be an accident in which two parties are determined to be at fault.

Let’s say you were injured in a scaffolding collapse. An investigation reveals that the scaffolding was not assembled to regulatory standards and that your employer failed to take due diligence to ensure the safety of its employees when contracting the company that built the scaffolding. If a scaffolding company is determined to be 70% responsible for your injuries and your employer 30% responsible, the actual damages awarded would be split 70/30 between the scaffolding company and your employer, respectively.

What if I am Deemed Party At-Fault for My Construction Accident?

Proportionate responsibility also means that if you are found partly responsible for you injuries, the damages awarded to you could be reduced. For example, if you were ignoring proper safety procedures when the scaffolding accident occurred, the court could determine that you were 30% at fault for the accident and therefore 30% at fault for your injuries. As such, if you were awarded $10,000 in damages, you would only be able to recover 70% of that amount or $7,000.

Additionally, Texas follows the 51% bar rule. This means that you may not collect damages for injuries if you are determined to be 51% or more at fault for your injuries.

If you have been involved in a construction accident, those responsible for your injuries will try to shift blame onto you in an attempt to limit their own liability. Consulting with an attorney prior to communicating with those responsible for your accident can help protect your rights and claim to compensation.

How Do I Determine Who is At-Fault for My Construction Accident Injuries?

Construction sites can be hectic with several different contractors and employers operating on site at any given time. This can make it difficult to identify and determine who is liable for you injuries. Hiring an experienced construction accident attorney can not only help you identify all of the entities that contributed to your accident and injuries, they can also help you recover compensation from the entities – even if you are receiving workers’ compensation.

Thomas J. Henry has been representing construction accident victims for more than 20 years. In addition to reviewing the evidence and facts of your case, Thomas J. Henry will employ an array of experts who are able to provide expert reports and testimony on how your accident occurred and who is at fault.

Finding the right expert for your unique situation is crucial in achieving positive results. As such, Thomas J. Henry has spent years finding and building professional relationships with the best expert witnesses from across the country. Each witness undergoes a thorough examination and questioning process before ever taking part in any aspect of a case. In a construction accident lawsuit, we may employ the services of the following experts:

  • Workplace safety compliance experts
  • Industrial accident reconstruction experts
  • Premises maintenance experts
  • OSHA consultants
  • Safety equipment experts
  • Ladder experts
  • Occupational and environmental health experts
  • Hazardous chemicals experts
  • Process safety management experts
  • Physicians, psychical therapists, and other healthcare professionals
  • Fire and explosion investigators

Expert witnesses can provide detailed information regarding your construction site injury. Our construction job injury lawyers are always looking for intuitive ways to use experts in construction accident cases.

What Should I Do If I am Involved in a Construction Accident?

The aftermath of a construction accident can seem overwhelming – you have likely sustained a serious injuries along with severe pain and uncertainty, but you have options. By following these simple steps, you can put yourself in a better position to achieve physical and financial recovery.

  1. Seek medical attention immediately
  2. File a report with your employer as soon as possible and receive copies of all documentation
  3. If possible, take photographs of the work site and any tools or equipment involved in the accident
  4. Collect names and contact information of witnesses to the accident, including coworkers and bystanders
  5. Document any changes in your health due to the construction accident as well as any visits with a doctor
  6. Contact an experienced construction injury attorney

You will likely be approached by your employer and insurance companies who will attempt to have you sign away your rights as an injured worker. Do not sign any documents or provide any written or recorded statements until you have consulted with an attorney.

Contact Thomas J. Henry for Your Construction Accident Case

Thomas J. Henry fights to protect the rights of workplace injury victims. If you or someone you love has been injured or killed on the job, contact Thomas J. Henry Injury Attorneys. The goal of our offices is to not only protect your rights, but to send a message so the same tragedy does not happen again. We represent clients/victims all over the country.

 

 

What Should I Do If I Have Been Exposed to Chemicals or Toxic Material as a Result of an Industrial Explosion?

There is no question that industrial explosions are catastrophic; still, the far-reaching effects of such an event are often underestimated. When an industrial explosion occurs, toxic material and chemicals may escape from the site, affecting workers and residents who were not in the immediate vicinity of the blast.

If you believe you have been exposed to chemicals or toxic materials as a result of an industrial accident or explosion, whether you were on the job or just happen to live near the site where the incident occurred, it is essential that you seek immediate medical attention.

How Do Chemicals and Toxic Materials Get Into the Body?

Chemicals and toxic materials come in a variety of forms, including solids, liquids, dusts, vapors, gases, fibers, mists, and fumes. The form a chemical or toxic material comes in has a lot to do with how it gets into your body. Typically, chemicals and toxic materials will enter the body through one of three main “routes of exposure.”

  • Inhalation – Breathing in chemical gases, mists, or dusts that are in the air.
  • Skin or eye contact – Getting chemicals on the skin or in the eyes. Chemicals can enter the body through damages skin or even be absorbed through the skin into the bloodstream.
  • Ingestion – This often occurs when a person eats food or drinks water which chemicals have spilled or settled into or onto. Toxic contamination may also be transferred to food from chemicals or materials left on the hands.

When an industrial explosion occurs, solid and liquid toxic materials and chemicals can be thrown far from the site of the blast, and vapors, gases, dusts, and mists can be carried miles by the wind. Further, the toxic materials and chemicals can settle into soil or water where it can stay for days, years, or even decades.

How Do I Know If I’ve Been Exposed to Toxic Chemicals or Materials?

The symptoms of chemical or toxic material exposure will vary depending on the material in question and the route of exposure. Further, the symptoms can be very non-specific and may be confused as a common illness, making exposure even more difficult to identify.

If an industrial explosion occurred at your workplace or at a site near your home, keep an eye out for the following symptoms:

  • Head symptoms:
    • Dizziness
    • Headache
  • Eye symptoms:
    • Redness
    • Watery eyes
    • Irritation
    • Grainy feeling
  • Nose and throat symptoms:
    • Sneezing
    • Coughing
    • Sore throat
  • Chest and lung symptoms:
    • Chest pains
    • Wheezing
    • Coughing
    • Shortness of breath
    • Difficulty breathing
  • Stomach symptoms:
    • Nausea
    • Vomiting
    • Stomachache
    • Diarrhea
  • Skin symptoms:
    • Redness
    • Dryness
    • Rash
    • Itching
  • Nervous system symptoms:
    • Nervousness
    • Irritability
    • Sleeplessness
    • Tremors
    • Loss of balance
    • Loss of coordination
  • Reproductive system symptoms:
    • In men:
      • Low sperm count
      • Damages sperm
    • In women:
      • Irregular periods
      • Spotting
      • Miscarriage
      • Damage to egg or fetus

What Are the Dangers of Chemical or Toxic Exposure?

Both acute and chronic exposure to chemicals or toxic materials can result in serious and debilitating illnesses and injuries.

These may include:

  • Loss of vision and blindness
  • Lung disease
  • Brain injuries
  • Radiation illness
  • Burns
  • Cancer
  • Death

Contact an Experienced Chemical and Toxic Exposure Attorney

If you or a loved one have been injured or developed an illness after being exposed to chemicals and toxins following an industrial accident or explosion, contact Thomas J. Henry. Our experienced personal injury lawyers will take immediate action on your case and ensure that is handled effectively and efficiently from the beginning. We understand how a chemical and toxic exposure can affect an individual physically, emotionally, and financially. At Thomas J. Henry, we don’t charge a fee unless we win your case.

With the backing of extensive legal and financial resources, our attorneys will develop your case to its greatest potential and put you in position to achieve the compensation you deserve. Call us today for a free legal consultation. Our firm has offices in Corpus Christi, San Antonio, and Houston, serving clients across Texas and nationwide.

What Is Negligence and How Does it Affect My Texas Construction Accident Case?


Personal injury cases rely on an attorney’s ability to define, determine, and prove negligence. If you wish to make a financial recovery for injuries and damages caused by a Texas construction accident, you need an attorney who can prove negligence did in fact occur.

How is Negligence Determined in a Texas Construction Accident Case?

The Legal Information Institute defines negligence as a failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. While the behavior in question usually consists of actions, it can also consist of omissions when there is some duty to act.

When attempting to ascertain whether a person’s conduct or behavior lacked reasonable care, lawyers will consider the four elements that are required to establish a prima facie case (a legally required rebuttable presumption). The elements are:

  • The existence of a legal duty that the defendant owed to the plaintiff
  • The defendant’s breach of that duty
  • The plaintiff’s sufferance of an injury
  • Proof that the defendant’s breach caused the plaintiff’s injury

When it comes to a construction site, your employer, contractor, and co-workers owe you a general duty of care and must conduct themselves in a reasonable and prudent manner. This duty of care can also extend to the owners of the property that is under construction, any transportation companies responsible for transporting materials to the site, as well as the manufacturers of machinery and products being used in the construction project.

If any of these parties acted in a way that contributed to your injuries, you may have a case for negligence.

How Will My Attorney Establish Negligence in My Texas Construction Accident Case?

When working to determine whether negligence resulted in your accident and injuries, your attorney will often apply what is commonly called the “but-for” test. In a statement, that would be “but for the actions of the defendant, my client would not have suffered his injuries.”

If the statement is true, your attorney will have established cause-in-fact or “actual cause.” This is then strengthened through investigation, the gathering of evidence, and interviewing witnesses. Your attorney may also incorporate the help of expert witnesses to help prove negligence and discover if the actions of the defendant violated federal or state regulations.

Expert witnesses often used in Texas construction accident cases include:

  • OSHA consultants
  • Accident reconstructionists
  • Welding experts
  • Confined space permit experts
  • Engineering experts
  • Safety equipment experts
  • Occupational and environmental health experts
  • Hazardous chemical experts
  • Process safety management experts

These experts can provide detailed information about a construction accident. Because of the experts Thomas J. Henry uses, we are able to bring in information that many other law firms lack. We use a multitude of expert witnesses, putting you in the best position possible to achieve the compensation they deserve.

What Should I Do If I Have Been Involved in a Construction Accident?

There are certain steps you can take to help preserve your rights as a victim of a workplace accident. By following these guidelines, you can put yourself in a better position to achieve the compensation you deserve for your injuries. If you suffered a work injury, follow these steps:

  • Seek immediate medical attention for your injuries.
  • Report the injury to your supervisor as soon as possible.
  • Be sure your employer makes a written report of the accident.
  • Collect names and contact information of any witnesses to the accident.
  • Take photos of the accident area, including of any tools or equipment involved in the accident.
  • Write a detailed account of how the accident took place.
  • Contact an experienced work accident lawyer to discuss your rights as an injured worker.

Contact and Experienced Texas Construction Accident Attorney

If you or a loved one were injured on the job, contact Thomas J. Henry. Workplace accident victims deserve quality, dynamic representation from attorneys with the experience and legal resources to properly develop their case. Oftentimes, workplace injuries are severe and debilitating and put individuals out of work for an extended period of time.

Our work accident lawyers will take immediate action on your case and make sure you are comfortable and informed throughout the entire legal process. Contact us today for a free case review. Our firm has offices in Corpus ChristiSan Antonio, and Houston, serving clients across Texas and nationwide.

 

 

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