May 24, 2019

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Construction Accident Claims in Texas

Dallas Construction Accident Law Firms

Construction work is hard on your body and there is always the risk of serious injury. Construction sites are hazardous under the best conditions, and too many sites are rife with safety violations and other avoidable dangers. If you or someone you love has been injured in a construction accident, you may be able to recover compensation through a personal injury lawsuit, a Workers’ Compensation claim, or both.

Read below to learn more about construction accident claims in Texas.

Construction Accident Victims

Construction workers are the most likely victims in construction accidents, but certainly not the only ones. Construction accident victims can include:

  • Construction workers

  • Visitors to the construction site

  • Bystanders

  • Passersby

  • Pedestrians

  • Delivery persons

  • People injured in nearby buildings

  • Inspectors

  • Children who trespass on the site

  • Other trespassers under some circumstances

Workers’ Compensation Claims

Construction workers and others, such as delivery persons, who are injured in construction accidents in the course of their work duties, can receive Workers’ Compensation benefits if they qualify for Workers’ Compensation coverage.

Workers’ Compensation laws only protect employees. Independent contractors are not covered, but day laborers typically are protected by Texas Worker’s Compensation.

If you are eligible for Workers’ Compensation benefits, you are barred from suing your employer except in extreme cases. However, you can collect Workers’ Compensation and still file a third-party lawsuit when appropriate.

Third-Party Construction Accident Lawsuits

A third-party lawsuit is brought against a party that caused or contributed to your accident or injuries, other than your employer.

For instance, if a defective tool, piece of machinery, or construction materials caused the accident or injury, you would recover compensation through a product liability lawsuit against the maker or seller of the defective product responsible for your injuries.

Responsible Parties in Construction Accidents

Common responsible parties in construction accident lawsuits include:

  • Construction site owner

  • General contractor

  • Prime contractor

  • Subcontractor

  • Architect

  • Engineer

  • Inspector

  • Materials supplier

  • Heavy equipment manufacturer or seller

  • Tool manufacturer or seller

  • Scaffolding manufacturer or seller

Causes of Construction Accidents

Safety violations, including Occupational Health and Safety Act (OSHA) violations, are often involved in construction accidents. Common causes of construction accidents include:

  • Inadequate safety policies or lack of enforcement

  • Poor communication between workers

  • Inadequate training and/or experience

  • Defective heavy equipment

  • Defective power tools

  • Defective materials

  • Design flaws

  • Faulty scaffolding

  • Improperly assembled scaffolding

  • Messy job site

  • Lack of safety equipment

  • Inadequate maintenance of tools or equipment

  • Falling objects

  • Lack of warning signs

  • Buildup of toxic of flammable fumes

  • Improper storage of chemicals