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Texas Construction Accident Lawyers

Advocates for Injured Construction Workers Nationwide

Construction is one of the most dangerous jobs in America. According to the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), one out of every five workplace fatalities is a construction worker.

Because of the dangerous nature of the job, injuries are oftentimes serious and life-threatening.

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Negligence at Construction Sites Leads to Catastrophic Injuries and Death

When employers fail to follow worker safety regulations and implement proper safety programs, construction workers are put in danger. Thousands of workers in the construction industry suffer from serious on the job injuries due to the negligence of construction companies. Many workers that have suffered life-changing injuries could be living normal lives if employers put their safety and well-being before profit. At Thomas J. Henry, our job injury lawyers are dedicated to achieving the compensation injured workers deserve.

The immediate aftermath of a construction injury can be overwhelming. You have likely just sustained a serious injury along with severe pain and uncertainty. Your employer and insurance companies may approach you and attempt to have you sign your rights away as an injured worker. It is important that you know your rights and that those rights are protected. By hiring the experienced work injury attorneys at Thomas J. Henry, you are ensured that your case is handled properly and efficiently and that your best interests are secure. Allow us to handle the hassles and legal processes while you focus on healing.

By following these simple steps, you can put yourself in a better position to achieve the compensation you deserve for your injuries. Remember, Thomas J. Henry Injury Attorneys are available 24/7, nights and weekends to take your call and evaluate your construction accident.

  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

As is the case in most personal injury cases, construction accident lawsuits benefit from starting the legal process as soon as possible. Our work injury lawyers will take immediate action on your case and start collecting and preserving evidence, researching case law, and determining which expert witnesses to utilize on your behalf

Furthermore, our experienced construction accident lawyers will begin investigating into whether a third party was involved in your accident. If negligence or misconduct from a third party (such as a contractor, architect, engineer, or equipment manufacturers) lead to your injury, a lawsuit may be filed to recover damages in addition to a worker’s compensation claim with the employer.

Common Causes of Construction Accidents

The “Fatal Four” causes of construction accidents — falls, struck by an object, electrocutions, and caught-in/between — accounted for 64.2 percent of all construction industry deaths in 2015. Eliminating the “Fatal Four” would save approximately 602 workers’ lives every year.

Falls

The leading cause of fatalities in the construction industry, falls claim the lives of 362 workers on average each year. Hazards that cause the most fall-related injuries and deaths include:

  • Unprotected sides, wall openings, and floor holes – Many work sites have unprotected sides, edges, and uncovered holes in the floor and wall at some point during construction. Unprotected openings can cause injuries due to falls and falling objects.
  • Improper scaffold construction – When heavy equipment and building materials are present on a scaffold with limited space, falls can occur. Without properly installed guardrail systems or the use of fall protection, serious injuries and death can be a result of a fall.
  • Unguarded exposed steel rebars – Protruding steel reinforcing bars are extremely hazardous. Stumbling onto an unprotected/unguarded steel rebar can cause impalement, serious injuries, and death.
  • Misuse of portable ladders – Ladders that are positioned improperly create a big fall risk. If a ladder is on uneven ground, is unsteady, or defective, falls can cause injuries or death.

Struck-by

These injuries can be caused by vehicles, falling objects, or in the process of building walls. In 2015, 83 construction workers were killed after being struck by a non-vehicle object.

  • Vehicles – Approximately 75 percent of struck-by fatalities involve heavy equipment such as trucks or cranes
  • Falling or flying objects – Objects can fall from construction machinery, scaffolding, or anywhere that overhead work is happening.
  • Falling masonry walls – Most incidents occur when jacks or lifting equipment are used to position slabs and walls, or when shoring is required until structures can support themselves

Electrocutions

In 2015, there were 81 electrocution deaths in the construction industry. Electrocutions can be caused by several different accidents, including:

  • Contact with power lines – Fatal electrocution is the main risk, but burns and falls from elevations are also hazards.
  • Issues with ground-fault protection – This can cause electrical burns, explosions, fire, or death.
  • Improper use of equipment
  • Human error can cause severe injury or death.

Caught in-between (Trenching)

In 2015, 67 deaths in the construction industry were a result of a caught-in or caught-between, trenching, or excavation injury. Lack of oxygen or exposure to harmful chemicals can be deadly in some instances. Causes of these injuries include:

  • No protective system
  • Failure to inspect trench and protective systems
  • Unsafe spoil-pile placement
  • Unsafe access/egress

Expert Witnesses to Assist with Your Construction Injury Lawsuit

At Thomas J. Henry, we employ an array of experts to provide expert reports and testimony in every construction injury case. Finding the right expert for your unique situation can prove to be crucial in achieving a positive result. Expert witnesses provide expertise and specialized knowledge that an average person may not have.

We have spent years finding the best expert witnesses from across the country to employ on our clients’ behalf. 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.

Contact an Experienced Construction Accident Attorney

If you or a loved one sustained a serious injury in a construction accident, contact Thomas J. Henry. Accidents that occur on construction sites can cause severe, life-altering injuries, causing physical, emotional, and financial pain. Our experienced construction injury attorneys work diligently to make sure our clients are comfortable and informed throughout the entire process. At Thomas J. Henry, we have a record of achieving real results for our clients.

Let us assist you with your construction accident injury. Our firm has offices in Corpus Christi, San Antonio, and Austin, serving clients across Texas and nationwide. Call us today for a free case review.

Contact Us for a Free Case Review

info@tjhlaw.com

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Your Construction Accident Questions Answered

We have straight answers to difficult questions to help you make critical decisions, navigate legal process and help you get justice.

Following a construction accident, there are always more questions than answers. At Thomas J. Henry, we’re here to answer any questions you have about your injury case.

Not only are experts essential in finding and retaining evidence at the scene, they can also provide expert analysis of their findings and expert testimony during trial and arbitration.

Thomas J. Henry has spent years finding and building professional relationships with the best expert witnesses from all across the country. Expert witnesses that could benefit your workplace injury lawsuit include:

  • Workplace Safety Compliance Experts
  • OSHA Consultants
  • Hazardous Chemicals Experts
  • Ladder Experts
  • Process Safety Management Experts
  • Occupational and Environmental Health Experts
  • Safety Equipment Experts
  • Industrial Engineers
  • Industrial Accident Re-constructionist

Roughly 4,836 worker deaths and 2.9 million non-fatal workplace injuries and illnesses are recorded in the United States every year. Among the most common causes of death and injury in the workplace are falls, slips, and trips.

The Occupational Safety and Health Administration (OSHA) estimates that falls, slips, and trips result in 16.5% of all recorded fatal workplace injuries. This makes falls the second most common cause of death in the workplace, exceeded only by transportation accidents.

Additionally, fall protection and Scaffolding are consistently among the top three most frequently cited standards by Federal OSHA.

Workers’ compensation is a benefits program employers provide to workers to pay for hospital and medical expenses associated with on the job injuries. Workers’ compensation also provides disability payments while an employee is unable to work. Workers’ compensation covers most injuries, even those caused by the employee’s own negligence, but there or instances in which a workers’ compensation claim can be denied. These include:

  • Self-inflicted injuries
  • Injuries suffered while an employee is committing a crime
  • Injuries sustained by an employee while not on a job
  • Injuries suffered by an employee acting in a manner that violates company policy

While workers’ compensation typically precludes an employee from filing an personal injury lawsuit, Texas law does allow the employee to sue any other parties involved in the accident. In the instance of a scaffolding-related injury, this can include manufacturers of potentially defective products, a co-worker who committed a negligent or reckless act, or a non-employee who contributed to your injuries.

If you fell from scaffolding while on the job, depending on the circumstances under which your accident occurred and whether or not your employer offers worker’s compensation, you may be able to sue your employer or a third party who was involved in your accident.

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.

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.

Our Practice Areas

Representing injured victims from across the United States.

No matter the injury or the accident, if you or a loved one were harmed due to the negligence of an individual or company, Thomas J. Henry is here to assist you.

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info@tjhlaw.com

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