By all accounts, construction workers have a very dangerous job. In fact, according to the National Safety Council, the construction industry was among the most dangerous in 2020. Construction workers, on average, experienced the highest number of deaths of all U.S. industries in 2020.
The Hartley Law Firm is a Plano-based personal injury firm that handles a wide range of construction site injury claims. The Plano construction accident attorneys at the Hartley Law Firm are immediately available to meet with injured construction workers and their families to discuss and pursue available legal remedies.
Types of Construction Site Accidents
Construction sites are full of dangerous equipment, and the jobs workers must do often put them at great risk of injury or death. However, certain types of accidents are more common than others. According to the Occupational Safety and Health Administration (OSHA), the leading causes of workplace accidents—dubbed the “fatal four”—include the following.
Falls are common on construction sites due to the fact that construction workers spend a significant portion of their day above ground level. While multi-story falls are perhaps the deadliest type of fall, even falls from ground level can result in significant injuries.
Being Struck by an Object
Cranes and other heavy equipment frequently unload heavy objects from trucks and bring them to the construction site. These machines also lift building material high up into the air as the building progresses. In the event a crane drops its load or inadvertently causes an object to collide with the worker, the worker will very likely suffer serious injuries.
Today, almost all construction workers use power tools. And while power tools are generally safe when operated properly, there are still risks. For example, damaged extension cords or tools, wet conditions, or the use of on-site generators can greatly increase the risk of electrocution.
Caught In Between or Inside Machinery
Construction workers can get caught in or between machines or tools. Furthermore, trench or excavation sites can collapse, and workers can get caught within collapsing structures or materials.
It’s important to realize that every construction site includes one or more of these hazards. It’s not uncommon for a site to include every hazard mentioned. In part, this is what makes the work so dangerous.
Pursuing a Construction Injury Claim
Construction workers injured on the job might have the right to pursue a personal injury claim against the party responsible for the accident. However, the general rule is that if an employer has workers’ compensation insurance, an injured employee’s remedy against their employer is limited to pursuing a workers’ compensation claim.
Despite this general rule, there are still situations where an injured construction worker can pursue a personal injury claim against an employer or a third party.
Texas is unique because it does not require businesses to purchase workers’ compensation insurance. In fact, as of 2020, just 71% of all private employers in Texas had workers’ comp coverage. When employers do not purchase workers’ comp insurance, it opens them up to lawsuits because it allows injured employees to file personal injury claims against them.
Additionally, there is no bar to bringing a personal injury claim against any other party that might share responsibility for an accident. This includes:
- Contractors and subcontractors,
- Equipment and tool manufacturers, and
- Property owners.
Generally, personal injury cases are more advantageous to workers because they offer a greater range of available damages.
What Is the Statute of Limitations in Construction Accident Cases?
Under Texas law, the statute of limitations for construction accident cases is two years. This means that you have up to two years to initiate a claim after your injury. However, there are certain exceptions that may extend the statute of limitations. An experienced Plano construction accident lawyer can help you determine the timeframe in which you can file a case.
What Is the Average Settlement for Construction Injuries?
Average settlements in construction accident lawsuits are difficult to estimate, given the range of injuries these accidents can cause. As a general rule, a settlement depends on the following factors:
- The extent of the worker’s injuries,
- Whether the worker shared responsibility for the accident leading to their injuries,
- The amount of time the injured worker was unable to work,
- The pain and suffering experienced in the wake of the injury, and
- The impact the accident had on the workers’ quality of life.
The experienced Plano construction accident lawyers at the Hartley Law Firm can help you identify your damages so you know what to expect throughout the negotiation process.
Did You Suffer Injuries in a Construction Accident? Contact Our Plano Construction Accident Attorneys
If you were recently injured in a workplace accident at a construction site, reach out to the dedicated Plano construction accident lawyers at the Hartley Law Firm. At the Hartley Law Firm, we understand the challenges you face after a serious workplace accident, and we are here to help. As a lifelong Texan, Attorney Austin Hartley proudly pursues maximum compensation on his clients’ behalf, enabling them to move on with their lives more easily after an accident. To learn more and schedule a free consultation. You can also connect with us through our online contact form.