If you’ve been injured in a construction accident, it can be exceptionally overwhelming to manage your legal options alongside your recuperation and recovery. If you were injured at your workplace or while carrying out the duties of your job, your current situation may feel even more stressful and precarious. Fortunately, the experienced and empathetic legal team at Simmons and Fletcher is prepared for and passionate about helping you pursue your claim.

If we determine that another party was negligent in your accident and our qualified attorneys are able to take on your case, we’ll pool our years of experience and wealth of resources to help you fight for your rights. Our top-notch legal team will handle the investigation around your case, negotiate with insurance and defense teams, and provide you with the utmost legal representation both during your settlement negotiation and any potential trial.

As demonstrated by a track record of successful case results, our Texas construction law firm is dedicated to doing everything we can to get you the compensation you deserve. Contact our top-rated Houston construction accident lawyers today for a free case evaluation.

Construction side accident

What Are the Common Types of Construction Accidents?

Scaffolding Accidents

Scaffolding is a type of temporary, multi-level structure set up on a construction site to give workers access to higher points on a building’s exterior. While scaffolding is an important tool in construction work, it can also lead to injuries. Scaffolding accidents often involve poorly constructed safety rails, defective harnesses, or unstable structural design. Due to these factors, a worker might fall off the scaffolding, be hit by a falling object, be accidentally electrocuted, or be injured in a scaffolding collapse.

Falls from Heights

Falls from a great height are one of the most common accidents in construction zones—and they also have the highest likelihood of being fatal and leading to a work-related death. Construction sites typically have very tall structures and dangerous debris, so it’s not surprising that so many construction workers experience falls in the course of their jobs. Fall protection is critical to employee safety.

Electrocutions

Construction sites often involve overhead power lines that may be manipulated and interfered with. If scaffolding or other tall structures are built without accounting for swaying power lines, workers on the scaffold may experience electrocution as the wires come into contact with the structure. Electrocution injuries can also result from defective machinery or improper wiring.

Accidents Involving Dangerous Equipment

If improperly maintained or operated, dangerous equipment in a construction zone can lead to many different types of injuries. Both construction workers and bystanders can be endangered by large and heavy pieces of equipment and machinery that are negligently operated or maintained.

Crane and Aerial Lift Accidents

Cranes and aerial lifts are instrumental tools on any construction site, but they can also cause accidents if the machinery is faulty. Manufacturing defects or improper maintenance of the equipment may lead to serious and even fatal injuries. These types of accidents also include exposed elevator shafts that are improperly secured or marked.

Trench Collapses

Some construction sites use trenches, which can sometimes collapse while workers are still inside it. These tragic trench cave-in accidents may lead to workers being trapped inside. The injuries sustained from the collapsing structure and falling debris can be catastrophic and even fatal.

Explosions and Fires

Explosions and fires are incredibly common Texas job site hazards, but especially so in construction and maritime zones. Fires and explosion accidents can happen for a number of reasons, including but not limited to:

Overheating power tools, machinery, or heavy equipment;
Uncontrolled sparks from welding or other operations;
Improper electrical wiring or power management;
Ruptured gas lines from digging or excavation;
Improper fuel or chemical storage;
Defective construction equipment that leads to fuel geysering when the fuel cap is removed;
Reckless disposal of cigarettes or failure to follow other safety regulations.

Types of Injuries Sustained in Construction Accidents

A job site injury can range from mild to catastrophic, and the fact that it happened in your place of employment can make the situation even more stressful. Whatever the causes of and circumstances around your injury, the most common and serious construction injury types include:

Who Can Be Held Liable for a Construction Accident?

Employer Responsibility

The vast majority of construction accidents happen on the job, so construction workers have a legal right to pursue workers’ compensation claims from their employer to assist them after their injury. If their employer was negligent in a way that led to their injury, however, they may pursue a more serious personal injury lawsuit. Such negligence might include a failure to adequately maintain dangerous equipment, provide workers with a safe working environment, or supply proper personal protective equipment (PPE).

Contractor and Subcontractor Negligence

Contractors, subcontractors, and other third parties may be held liable if their negligence led to the construction accident that caused your injuries. For instance, if a contractor used poor-quality materials, failed to direct workflow safely, or negligently supervised the construction site, they may be held legally responsible for the damages.

Property Owner Liability

All construction sites are operated on property that’s owned and operated by an individual or entity. So, when a construction accident occurs, these property owners may be held legally liable if they knowingly allow unsafe working conditions to continue on the property. In this case, the claim filed by an injury victim would be a premises liability lawsuit—a distinct type of legal case that’s best handled by an experienced Houston construction accident attorney.

Product Manufacturers and Defective Equipment

If a product manufacturer developed a defective product or defective equipment that led to a construction accident, they may be held financially and legally responsible for any resulting injuries. For example, perhaps a faulty harness or defective piece of machinery led to a workplace accident—in this case, the injured parties may be able to file a lawsuit against the manufacturing company that allowed this oversight.

What Compensation Can You Recover After a Construction Accident?

Every construction accident is unique, but it’s highly likely that you can recover significant damages if your injuries were caused by someone else’s negligence. Our Houston personal injury law firm has handled a number of workplace Texas injury claims, many of which involved recoverable damages and construction accident compensation such as:

Medical bills and expenses (present and future);
Lost wages and loss of future earnings;
Mental anguish;
Pain and suffering;
Scarring and disfigurement;
Disability;
Wrongful death, in the case of a fatal accident.

What Steps Should You Take After a Construction Accident?

Seek Immediate Medical Attention

Your first priority after a construction accident should be receiving medical care. Dial 911, visit a local hospital in Houston or schedule an emergency visit with your primary care physician. Receiving prompt medical attention can both limit the extent of your injuries and provide crucial evidence for any injury claim you file in the future.

Report the Accident to Your Employer

Contact your employer as soon as possible and follow their instructions to report your on-duty construction accident injury. According to the Texas Department of Insurance, employees have up to 30 days after a workplace injury to notify their employer. If you fail to notify your workplace within this timeframe, you may forfeit your right to workers’ compensation benefits.

Collect and Preserve Evidence

If you plan to file a lawsuit against your employer—which is most common when your workplace doesn’t offer workers’ compensation insurance—you must gather as much evidence as possible to support your case. Document the accident in detail—note where the accident took place and what you were doing immediately before the incident. Collect witness statements from any people involved in the accident and record their contact information. Take photos, if possible, and preserve any additional evidence of the negligence that you believe led to the accident.

Contact a Houston Construction Accident Lawyer

Once your safety is assured and your accident has been properly reported, it’s time to contact a Houston construction accident attorney. An experienced work injury lawyer can help guide you through the crucial legal steps after your job site injury and inform you of your rights as an injury victim and worker. The sooner you contact a Houston personal injury law firm, the sooner you can move forward in your case and toward just compensation.

What Are the Deadlines for Filing a Construction Accident Lawsuit in Texas?

The Texas statute of limitations for construction injuries is two years—if you want to file a personal injury lawsuit against a negligent party. This deadline means that you have two years from the date of your accident to file a claim against a third party that you believe to be responsible for your accident.

If you want to claim workers’ compensation benefits, however, you must file your claim within one year from the date of your construction accident.

FAQ's

What Are the Most Common Causes of Construction Site Accidents?

While construction sites can produce many types of accidents in Texas, there are some common construction accidents that we see frequently. Some of the many reasons we see construction site accidents occur are as follows: