346-590-6665Houston Construction Accident Lawyer
Helping Victims Navigate Legal Claims Related to Injuries on a Construction Site
Texas is one of the top states for the construction industry, and many residents work in the trades and on job sites where hazards can make their jobs more dangerous. The Occupational Safety and Health Administration (OSHA) is responsible for establishing and enforcing health and safety regulations to decrease accident rates and protect workers.
However, to be effective, these standards must be implemented by companies and adhered to by workers, which doesn’t always happen.
Construction accidents are all too prevalent, and they can result in severe injuries, such as traumatic brain injuries, crush injuries, amputations, and electric shock. If you’ve been injured on the job, an attorney can help you understand your options for a construction accident case.
You need the Houston construction accident lawyers at Moises Morales Law when you’ve been injured on the job. We understand the complexities and challenges of these cases and are prepared to help you navigate the aftermath, including filing for workers’ compensation benefits and understanding your legal rights. Call our Houston office at 346-590-6665 to learn how we can help.
What Are Some of the Most Common Construction Accidents?
Construction sites are full of hazards, which is why OSHA commonly requires companies to regularly inspect their equipment to ensure it’s in good working order, provide appropriate protective equipment for workers, and ensure that any potential harmful substances, such as hazardous chemicals, are properly labeled.
However, companies don’t always adhere to these requirements, and accidents do still sometimes happen. Below are some of the most common types of accidents that occur in the construction industry.
Construction Site Fall
Falls are one of the most common types of construction accidents, accounting for more than a third of all construction deaths. In an attempt to prevent a fall accident, OSHA regulations require construction workers to use fall protection equipment, such as a harness or guardrail system, if they are going to be working at least 6 feet above the ground.
Being Struck by an Unsecured Object
There are thousands of objects on a construction site, from tools to loose rocks and debris. When something unexpectedly falls or rolls, it can be impossible for construction workers to react quickly enough to move out of the way. In some cases, the object may also be swinging due to equipment failure, which can cause multiple injuries until it can be secured again.
Electrocutions on the Construction Site
Exposed writing and potentially wet conditions can dramatically increase the risk of an electrocution on a construction site. Power tools may also not be securely plugged into outlets or may have old or frayed cords that can result in a shock. Construction sites often have a lot of exposed metal and tall structures, which can also increase the chances of electrocution from being struck by lightning if employees are working during a storm.
Caught In or Between
Caught in or between accidents are some of the most common causes of construction fatalities. These incidents include when a worker gets trapped between two objects or gets caught in a piece of equipment. When someone is trapped between two objects, such as a piece of heavy machinery and a wall, it can result in serious crush injuries or death.
Being caught in a piece of machinery may result in death or an amputation if a limb gets stuck.
Construction Site Fires
Many construction sites have flammable materials, such as chemicals, gasoline, and insulation. There are also several ways for fires to start, such as a spark from welding or metal grinding or an electrical malfunction. The combination of a spark and flammable materials can result in a fire that gets out of control quickly and results in serious injury.
If someone is injured in a construction fire, it can result in extensive soft tissue damage and permanent disfiguration. Victims may need several reconstructive surgeries and will be at a higher risk of infection.
Accidents Involving Construction Vehicles
Working on a construction site requires heavy equipment and vehicles, such as excavators, bulldozers, and dump trucks. These vehicles may need to maneuver through uneven terrain and unmarked areas, which can increase the chances of an accident.
Many of these vehicles also have large blind spots that can make it more challenging for operators to see other workers. Being struck by heavy machinery can result in life-threatening injuries, and victims may need to take extended time off of work and receive ongoing medical treatment over several months.
When you’ve been injured in a construction accident, you may be eligible for compensation from your employer or a third party if they were negligent in some way.
However, Texas law does not allow injured workers to collect workers’ compensation benefits and sue their employer for negligence. Below is a breakdown of when workers’ compensation or a personal injury claim may apply.
Understanding your rights after a construction site accident is crucial to ensuring you receive the compensation you deserve. Injured construction workers often face complex legal processes involving multiple parties, including employers, contractors, equipment manufacturers, and other liable parties. Knowing whether you should pursue a workers compensation claim or a construction accident lawsuit can significantly impact the outcome of your case.
Workers’ compensation benefits typically cover medical bills, lost wages, and rehabilitation costs related to an on the job injury. However, these benefits may be limited and might not fully address the long-term consequences of catastrophic injuries such as spinal cord injuries or traumatic brain injuries.
In cases where a third party’s negligence caused the accident—such as faulty safety gear, hazardous materials mishandling, or defective heavy machinery—injured workers may have the option to file a third party lawsuit to recover additional damages.
It is important to promptly report your accident and keep detailed accident reports, as these documents can be vital in establishing liability and supporting your construction injury claim. Proper training and adherence to safety protocols on the construction site are essential to prevent accidents, but when negligence occurs, legal recourse is available.
Houston construction accident lawyers specialize in navigating the legal process for construction accident victims, helping them understand their options and fight for maximum compensation. Many firms offer a free consultation to review your case and advise on the best course of action.
By securing experienced Houston construction accident attorneys, injured workers can better protect their rights and pursue compensation to cover medical expenses, lost income, pain and suffering, and other damages resulting from the accident.
Workers’ Compensation
One of the critical things to know about Texas is that not all companies are required to carry workers’ compensation insurance. However, those that do can provide reimbursement for medical expenses and some lost wages to Houston construction workers who qualify.
To qualify for a workers’ compensation claim, the employee must have been on the job and the injury or illness must be directly connected to their work. Workers’ compensation does not apply when the person caused an intentional injury or was drinking or otherwise intoxicated.
If you’re planning on filing a workers’ compensation claim, you need an attorney with experience in this area. Companies and insurance providers may try to deny coverage by saying that you intentionally caused the injury or that your construction accident injury isn’t related to your job duties.
An attorney can help you fight these claims to ensure you get what you deserve.
Construction Accident Personal Injury Lawsuit
There are many misconceptions about when someone can file a personal injury lawsuit after they’ve been injured at work. Because Texas does not allow victims to receive both workers’ compensation benefits and personal injury damages from an employer, a victim can generally only file a personal injury claim to recover compensation if one of two situations applies:
- The employer doesn’t carry workers’ compensation coverage
- A third party was responsible for the injuries
Personal injury claims require that you prove that the defendant was negligent in some way and that their negligence caused your injuries. You must also show that you incurred damages as a result of those injuries, such as medical expenses, lost income, or pain and suffering. Previous OSHA citations may help you prove your case.
An attorney can help you understand whether a workers’ compensation claim or personal injury claim is the right choice for your situation.
How Long Do You Have to File a Claim?
Timing is everything when it comes to pursuing compensation after a construction accident. Whether you’re filing a workers’ compensation claim or a personal injury lawsuit, strict deadlines apply — and missing them could cost you your right to recover damages for your injuries, medical bills, and lost wages.
Workers’ Compensation Deadlines for Injured Construction Workers
For most construction workers hurt on the job in Houston, filing a workers’ compensation claim is the first step. Under Texas law, injured workers typically have one year from the date of the construction site accident — or from the time they were diagnosed with a work-related illness — to file a formal workers’ compensation claim. However, that’s not the only deadline you need to be aware of. You must also report your construction accident injury to your employer within 30 days of the incident. Failure to do so may jeopardize your eligibility for workers’ compensation benefits.
Employers in the construction industry are required to carry workers’ compensation insurance, but not all do. If your construction company has opted out, or if third-party negligence caused your injury (like a property owner, equipment manufacturer, or subcontractor), you may need to explore alternative legal options.
Personal Injury Lawsuits and Statutes of Limitations
If your case involves third-party claims—for example, against a contractor, equipment manufacturer, or another liable party—you may need to pursue a personal injury lawsuit instead of or in addition to a workers’ comp claim. In Texas, the statute of limitations for filing a personal injury claim is two years from the date of the construction accident. If you don’t file within this window, your case will likely be dismissed, regardless of how serious your injuries or how clear the liability.
This deadline applies to claims for life-changing injuries such as spinal cord injuries, traumatic brain injuries, crush injuries, and others caused by hazardous materials, heavy machinery, or improper safety protocols on a Houston construction site.
When to Contact a Houston Construction Accident Lawyer
The sooner you contact a Houston construction accident lawyer, the better. Prompt legal representation helps preserve evidence, interview witnesses, and ensure your construction injury claim is filed accurately and within the proper time limits. Our construction accident attorneys at Moises Morales Law understand the nuances of both workers’ compensation and personal injury law, and we’ll help you pursue the path that best fits your situation.
If you’ve suffered serious injuries on a Houston construction site, don’t wait until deadlines loom. Seek medical care, report the incident, and then reach out to a trusted Houston construction accident attorney who can evaluate your case and protect your right to recover compensation.
Whether you were injured due to faulty construction equipment, improper training, or unsafe job site conditions, time is not on your side. Call our personal injury law firm today to speak with a dedicated accident lawyer who will fight for your rights in the face of mounting medical expenses and insurance pressure.
Let a Construction Accident Lawyer Help You Recover Compensation for Your Construction Injuries
Construction accident cases can result in life-changing injuries, complex liability issues, and aggressive pushback from insurance companies. Whether you’re a day laborer or a seasoned tradesperson, it’s crucial to understand that most construction accidents happen because someone failed to follow safety protocols or failed to warn workers of hazardous conditions. Property owners, contractors, and third-party vendors all have a duty to ensure construction site safety—and when they don’t, they can be held legally accountable.
At Moises Morales Law, our Houston construction accident lawyers help injured workers identify all responsible parties and pursue every potential avenue for compensation. Even if your employer carries workers’ comp insurance, you may be entitled to additional recovery through third-party claims. From negotiating with the employer’s insurance company to taking on negligent subcontractors or equipment manufacturers, we fight for your full financial recovery.
Contact a Houston Construction Accident Attorney Today
Construction work is one of the most dangerous jobs in Houston, TX. If you’ve been hurt, seek medical care immediately, then contact our personal injury law firm for clear guidance and powerful advocacy. Call our Houston law office at 346-590-6665 to learn how we can help.