Construction workers perform vital services for our community and deserve to work in as safe an environment as possible. When at-fault parties cut corners or otherwise fail to protect construction workers from harm, they can sometimes be held liable by filing a lawsuit against them.
The Arlington construction accident lawyers at Hartley Law Firm fight for workers and their families when they need it the most. Cutting costs and taking shortcuts can lead to injuries and even death. When this happens, we step in to help injured parties recover compensation and hold bad actors accountable.
What Are the Common Causes of Construction Accidents in Arlington, Texas?
Because of the complex work performed on construction sites, there are many opportunities for injuries to happen to even the most careful workers. Common causes of construction accidents include the following:
- Being struck by an object or machinery;
- Falling from a ladder or roof;
- Electrocution;
- Explosions or fires;
- Being crushed by a heavy object or load;
- Slips and trips;
- Faulty or missing protective guards on machinery or power tools;
- Broken or improperly used scaffolding;
- Unsafe or uneven ground or walkways; and
- Improper or insufficient safety protocols, supervision, or training.
While these situations can lead to injury, they might not be the only cause of an accident. For example, let’s say a construction worker’s ladder falls over, resulting in the worker cracking a rib and suffering a head injury. It’s essential to investigate why the ladder tipped over in the first place.
A construction accident attorney can go through the facts with a fine-tooth comb to determine what caused your injury and who might be at fault. Hartley Law Firm can investigate your construction accident and gather evidence to help make your compensation claim stronger.
What Types of Injuries Can Construction Accidents Cause?
Construction sites often host heavy machinery and a lot of workers and require complex operations to be performed. Unfortunately, this opens the door for accidents and injuries, which can often be quite severe or even fatal. Construction accident injuries can include the following:
- Burns,
- Cuts,
- Amputations,
- Death,
- Traumatic brain injury,
- Broken bones,
- Sprains,
- Overexertion injuries,
- Electrocution,
- Crush injuries,
- Eye injuries,
- Nerve damage,
- Back injuries, and
- Paralysis.
Depending on your injury’s severity, you might require multiple surgeries, undergo rehabilitative therapy, and still suffer from lifelong impairments. Tragically, the Texas Department of Labor reports that 127 construction workers lost their lives in 2020.
At Hartley Law, we know that receiving the compensation you need to pay your medical bills is critical for you to heal from your injuries. A construction accident lawyer at our office can help you pursue the compensation you need and advocate on your behalf while you focus on your recovery.
Who Is at Fault in a Construction Accident Case?
The complex interplay between workers’ compensation, construction law, and personal injury law can influence who is held liable in a construction accident case. For example, any number of parties might be responsible, including the following parties:
- General contractor,
- Subcontractor,
- Site supervisor,
- Team leader, or
- Team member.
Our firm will thoroughly review the circumstances of your accident to determine who all the potential at-fault parties are.
Most construction accident cases are based on the theory of negligence, which requires the injured plaintiff to prove the following:
- The at-fault party owed you a duty of care;
- The at-fault party breached their duty of care,
- That breach caused your injury; and
- You suffered damages as a result of your injury.
Let’s go over each of these elements in turn.
The At-Fault Party Owed You a Duty of Care
The first element you need to prove is that the at-fault party owed you a duty of care. A duty of care is a legal obligation people have to make sure their conduct reasonably prevents harm to others. Typically, establishing this element involves showing the at-fault party owed you a duty of care because of the type of relationship you had with them when the accident happened. For example, your supervisor is responsible for adequately training workers, performing reasonable inspections of the site, monitoring what happens with their team, and helping to keep team members safe.
The At-Fault Party Failed to Meet Their Duty of Care
Next, you need to show the at-fault party’s conduct failed to meet their duty of care. A duty of care can be breached either through action or inaction. For example, you can present evidence of what a reasonable supervisor would have done under the circumstances and show how your supervisor’s conduct deviated from that.
The Breach Caused the Accident and Your Injuries
You must prove the at-fault party’s improper action or inaction caused or led to your injury. Usually, that means you have to show that the accident and your injuries likely wouldn’t have occurred if the at-fault party had taken the proper course of action. For example, if you can show that you wouldn’t have been injured if your supervisor had been properly monitoring their team, then you can likely show the supervisor’s breach of duty caused your injury.
You Suffered Damages
Finally, you must present sufficient evidence that you suffered damages because of the at-fault party’s conduct and your injury. You can meet this element by compiling and presenting medical records, medical bills, and other evidence of your injuries and losses.
How Much Compensation Can I Receive in a Construction Accident Lawsuit?
The amount of damages you can receive in a construction accident case depends on a host of factors, such as:
- The applicable law,
- The extent of your injuries,
- The likelihood that you’ll fully recover from your injuries,
- The financial award received by similar plaintiffs in other cases, and
- The circumstances of the accident.
Hartley Law Firm can help you maximize your compensation. We’ll diligently review all possible avenues of recovery to help you receive a full and fair financial award.
Hartley Law Firm: Our Arlington Construction Accident Lawyers Can Help
If you or your loved one were injured in a construction accident in Arlington, TX, Hartley Law Firm is ready to fight for you. Austin Hartley is an award-winning attorney who was named the 2021 “Litigator of the Year” by the American Institute of Trial Lawyers. Clients praise Austin and his team for going the extra mile in handling their cases, getting results, and keeping clients informed of the case progress. Call us or contact us online to schedule your free consultation.
