Dallas Construction Accident Lawyer
Construction is one of our nation’s largest employment sectors, and it’s also one of the most dangerous. Injured construction workers on the job site owe it to themselves to claim compensation for construction site injuries.
A construction site accident can change your life in the blink of an eye, but a dedicated construction accident attorney can help you ensure that you obtain the benefits or compensation to which you are entitled. Our competetive and skilled Texas Construction accident lawyer at Chalaki law will work tirelessly for your rights.
We have served and won many cases for our clients all over Texas.
Your Employer’s Duty of Care
Construction work is physically challenging and extremely dangerous, and these facts emphasize exactly how important it is for the construction company you work for to live up to its reasonable duty of care to you and to everyone else on the crew. This duty extends to all of the following:
- Ensuring that the entire crew is properly trained to do their jobs safely
- Hiring only those employees who are qualified to do the work and who demonstrate that they can do it safely
- Providing the appropriate safety equipment, maintaining that safety equipment in good condition, and ensuring that it gets used properly on the job
- Enforcing all safety policies
- Proactively searching for dangers on the site and eliminating them – or carefully accounting for them and creating appropriate warnings
- Ensuring that the equipment the crew works on and with is well maintained and functions safely
Fortunately, under Texas’ workers’ compensation statute, injured workers are entitled to benefits regardless of fault. However, when there is no worker’s compensation, you may be able to obtain compensation by filing a personal injury claim. To determine whether you can file a personal injury claim, you should discuss the facts of your case with experienced Dallas construction accident attorneys.
Dallas Construction Accident Statistics
Let’s dive into some eye-opening statistics regarding fatalities and injuries in the construction industry. These numbers shed light on the dangers faced by workers and emphasize the need for heightened safety measures. They serve as a call to action for increased safety measures and regulations within the industry to ensure the well-being and protection of those who dedicate their labor to building our world.
Fatality Statistics of the Construction Industry
Starting with fatality statistics, we observe that in 2021 alone, there were a staggering 1,008 deaths reported in the construction sector. This figure accounts for a significant 21% of all worker fatalities in the United States during that year. To put it into perspective, the construction death rate stood at 9.4 per 100,000 workers, highlighting the hazardous nature of the industry.
Within the realm of injuries, the figures remain distressing. In 2021, a staggering total of 169,200 recorded injuries occurred within the construction sector. Approximately 40% of these incidents were severe enough to result in days away from work, a testament to the physical toll and impact on livelihoods. On average, workers required an extended period of 11 days away from work to recover from these injuries in 2020.
Taking a closer look at the causes of construction-related deaths, an alarming 65.5% of these fatalities were the result of what is known as “Focus Four” incidents. Within this category, falls (including slips and trips) claimed the highest toll, accounting for 35% of all construction deaths. Another significant cause was struck-by incidents, responsible for 17% of fatalities. Electrocutions accounted for 7.6%, while caught incidents constituted 5.8% of the grim statistics. Surprisingly, the remaining 34.6% of fatalities were attributed to various other injuries, underscoring the multifaceted risks inherent in the industry.
What’s The Statute Of Limitations For Construction Accident Lawsuit in Texas ?
When it comes to construction accident lawsuits in Texas, understanding the statute of limitations is crucial. However, it’s important to note that the time limits can differ depending on the type of workers compensation claim being pursued. To navigate this legal landscape effectively, it’s always wise to seek guidance from a qualified attorney who can provide personalized advice tailored to your specific circumstances. That being said, let’s delve into an overview of the typical time frames you might encounter:
Personal Injury Claims: In the Lone Star State, the statute of limitations for personal injury claims arising from construction accident Dallas generally spans two years. Simply put, if you’ve been injured on a construction site, you typically have a two-year window from the date of the accident to file a lawsuit seeking compensation for your personal injury.
Wrongful Death Claims: In these cases, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the person’s passing. However, it’s crucial to recognize that these time frames may have exceptions and can be influenced by specific circumstances. That’s why it’s absolutely essential to consult with an attorney who has immense experience in this area to obtain accurate and personalized advice based on your situation.
Types of Construction Site Accidents
What most places where a construction accident occurred have in common is that they are all potentially life-threatening. When you mix heavy machinery with the heights provided by scaffolding and ladders – along with electricity and a crowded work site – it can add up to a recipe for disaster even under the best conditions. Construction accidents can take any number of forms, but the following represent some of the most common types:
“Caught In Between” Hazards: Stuck in between accidents are a specific type of construction accident in which a worker becomes stuck in between two massive, unyielding items (which are plentiful on construction sites), such as between a piece of heavy machinery and an erected structure.
Struck-by Accidents: Struck-by accidents are a significant concern in the construction industry, posing risks to workers on job sites. These accidents occur when individuals are struck by objects such as falling debris, tools, or moving vehicles.
Electrocutions: Electrocutions are grave hazards on construction sites, often caused by contact with live electrical wires, defective equipment, or inadequate grounding. These accidents can lead to severe injuries or even fatalities.
Scaffolding Accidents: Falls from heights, such as from scaffolding, are among the most common and dangerous construction accidents.
Falling Equipment or Debris: Accidents involving tools, building materials, or debris that falls from a height, such as from scaffolding, are also extremely common and extremely dangerous.
Crane Accidents: Cranes are massive machines that incorporate great heights, which makes the potential for deadly accidents immense.
Forklift Accidents: Forklift accident is an extremely common construction accident, and their power and weight help ensure that forklift accidents are serious.
Fires and Burns: When heavy-duty work involving massive machines, crowded worksites, and loose electrical lines all take place at once, which is common on construction sites, dangerous fires can ensue. Further, the cramped spaces in a construction site can lead to even more deadly fires.
Defective Work Equipment: When the very equipment you work with is not safe, to begin with, it puts you at a distinct safety disadvantage. Defective work equipment in a construction site can be a function of faulty design, faulty manufacture, and/or inadequate maintenance.
Fatal Falls: Falls from heights continue to be a leading cause of fatalities in the construction industry. Workers involved in activities such as roofing, scaffolding, or working on elevated platforms are particularly vulnerable.
Lift Accidents: Lift accidents encompass incidents involving cranes, forklifts, and other lifting equipment. These accidents can result from equipment malfunctions, operator error, or inadequate training. Ensuring proper maintenance, routine inspections, and operator certification programs are crucial to minimize lift accidents.
Chemical Burns: A construction worker often involved in the handling and use of various chemicals in a construction site is susceptible to chemical burns. These burns can result from improper handling, inadequate personal protective equipment (PPE), or accidental exposure.
Explosions: The logistics of construction work – including the presence of highly combustible fuel – when not safely orchestrated, can lead to disastrous explosions.
Construction Vehicle Accidents: Construction vehicle accidents can occur due to collisions between vehicles, accidents involving pedestrians, or operator error. It is crucial to establish strict safety protocols for operating construction vehicles, including regular maintenance, proper training, and adherence to traffic rules on construction sites.
Asbestos And Other Toxic Substances: The presence of asbestos and other toxic substances on construction sites poses significant health risks to workers. Exposure to asbestos fibers can lead to serious respiratory diseases, while other hazardous substances can cause chemical toxicity.
Unsafe Demolition: Unsafe demolition practices can result in accidents, injuries, and property damage. Demolition activities require careful planning, including proper structural assessment, removal of hazardous materials, and controlled dismantling.
What Should I Do After A Dallas Construction Accident?
After a construction accident in Dallas, it is best to contact a construction accident attorney and to take certain steps to protect your well-being, document the incident, and ensure your legal rights are preserved. Here’s what you should do:
Seek Medical Attention: Your health and safety are the top priority. If you’ve been injured, promptly seek medical attention, even if the injury seems minor. Documenting your injuries and receiving appropriate medical treatment is crucial for your well-being and establishing a record of the incident. Make sure that your medical bills are well documented as well.
Report the Accident Injury to Your Employer: Inform your employer or supervisor about the accident and your resulting serious injury as soon as possible. Provide them with accurate details regarding the incident and the nature of your injuries. Reporting the accident promptly helps establish an official record and may be required by law.
Look for Paperwork from DWC: The Texas Department of Insurance, Division of Workers’ Compensation (DWC) oversees workers’ compensation claims. Be sure to inquire about the necessary forms and paperwork that need to be completed to file a workers’ compensation claim. Your employer should provide you with the appropriate documentation or direct you to the necessary resources.
Collect Evidence: Preserve any evidence related to the accident. This can include photographs of the accident scene, equipment involved, or hazardous conditions, as well as gathering witness contact information. A construction accident lawyer, Texas, Documentation and evidence can be valuable in supporting your claim and proving liability.
Keep All Medical Appointments: Attend all scheduled medical appointments and follow your healthcare provider’s recommendations for treatment and rehabilitation. Consistent medical care is essential for your recovery and also strengthens your case by establishing a record of your injuries and treatment.
Contact an Experienced Dallas Construction Accident Attorney: It is highly recommended to consult with a skilled and experienced construction site accident attorney in Dallas. They can assess your case, provide legal guidance, protect your rights, and help you navigate the complex legal process. An attorney will advocate on your behalf, negotiate with insurance company, and pursue any potential compensation you may be entitled to.
Who Is Liable For A Construction Accident In Dallas, Texas?
In Dallas, Texas, the liability for a construction accident can extend to various parties depending on the specific circumstances of the incident. Here are some potentially liable parties:
Employers: Under Texas workers’ compensation laws, employers generally provide coverage for employees injured on the job. If you are an employee and your employer carries workers’ compensation insurance, your claims for medical expenses and lost wages are typically handled through the workers’ compensation system. However, in exchange for workers’ compensation benefits, you generally cannot sue your employer for additional damages.
Contractors and Third Parties: Construction sites often involve multiple contractors, subcontractors, and third-party entities. If the accident resulted from the negligence of a contractor or subcontractor, they may be held liable for the injuries. Third parties, such as equipment manufacturers or suppliers, may also bear responsibility if their negligence or defective products contributed to the accident.
Property Owners: In certain situations, property owners, construction site owners or occupiers may be held liable for construction accidents that occur on their premises. This can be the case if the property owner failed to maintain a safe environment, address known hazards, or properly warn workers or visitors of potential dangers.
Product Manufacturers: If a construction accident was caused by a defective or dangerous product, such as faulty equipment or machinery, the manufacturer or distributor of the product may be held liable for the injuries under product liability laws.
How Much Will It Cost Me To Hire A Dallas Construction Accident Lawyer?
The cost of hiring a Dallas construction accident lawyer can vary depending on several factors, including the attorney’s experience, the complexity of your case, and the fee structure employed by the lawyer or law firm. Here are some common fee arrangements that lawyers may use:
Contingency Fee: Many personal injury lawyers, including construction injury attorneys, work on a contingency fee basis. This means that the attorney will only receive payment if they are successful in obtaining a settlement or favorable verdict on your behalf. The attorney’s fee is typically a percentage of the total amount recovered. If you do not receive any compensation, you generally will not owe attorney fees.
Keep in mind that every attorney’s fee structure may vary, and it’s crucial to have a transparent discussion about fees and costs before engaging their services. Many personal injury attorneys offer free initial consultations, allowing you to discuss your case and fee arrangements without any obligation.
What Compensation Can I Recover For A Construction Accident?
In a construction accident case, the compensation you may be able to recover will depend on various factors, including the nature and severity of your injuries, the impact on your life, and the specific circumstances of the accident. While each case is unique, here are some types of compensation that injured individuals may seek in construction accident claims:
Medical Expenses: You can seek compensation for past, current, and future medical expenses related to your construction accident injuries. This includes costs for hospitalization, surgeries, medications, rehabilitation, assistive devices, and any necessary ongoing medical treatment.
Lost Wages: If your injuries prevent you from working or result in a temporary or permanent disability that affects your earning capacity, you may be entitled to compensation for the wages you have lost and any potential future loss of earning capacity.
Pain and Suffering: Damages for pain and suffering account for the physical pain, emotional distress, and mental anguish caused by the construction accident and resulting injuries. These damages are subjective and consider factors such as the severity of the injuries, the impact on your daily life, and the emotional toll of the accident.
Loss of Consortium: If your injuries have affected your ability to maintain a normal marital relationship or have resulted in the loss of companionship, affection, or support from a spouse, you may be eligible for compensation for loss of consortium.
Property Damage: If your personal property was damaged or destroyed in the construction accident, you may be able to recover the cost of repairing or replacing the damaged items.
Punitive Damages: In certain cases where the at-fault party’s actions were particularly reckless or intentional, punitive damages may be awarded. These damages aim to punish the responsible party and deter similar conduct in the future.
It is possible to handle your construction accident claim on your own, but it can be challenging and complex. Construction accident injury cases often involve intricate legal issues, extensive investigation, and negotiations with insurance companies. An experienced Texas construction accident lawyer can navigate the legal process, protect your rights, gather evidence, and advocate for your best interests, increasing your chances of obtaining fair compensation.
While it is not mandatory to retain an attorney for a construction accident case, it is highly recommended. Construction accidents can involve multiple parties, complex liability issues, and potential disputes over compensation. An attorney with experience in construction accident cases has the knowledge and experience to assess your claim, gather evidence, negotiate with insurance companies, and pursue the maximum compensation you deserve. Construction accident lawyers can also ensure that your rights are protected throughout the legal process.
If a completed construction project causes an accident, the appropriate legal recourse may depend on various factors, such as the nature of the accident, the responsible parties involved, and the applicable laws and regulations. In such cases, it is crucial to consult with a no win no fee construction lawyer who can evaluate the circumstances, investigate the cause of the accident, determine liability, and advise you on the best course of action. They may help you pursue a personal injury claim against the responsible parties, such as contractors, subcontractors, or property owners, to seek compensation for your injuries and damages.
The party responsible for the construction accident may bear the financial responsibility for the costs of the injury. This can include medical expenses, lost wages, pain and suffering, and other damages. Depending on the circumstances, different parties may be held liable, such as employers, contractors, property owners, or product manufacturers. Experienced construction accident attorneys, Dallas can investigate the accident, identify the responsible parties, and pursue a personal injury lawsuit to hold them accountable and seek compensation on your behalf.
The duration of the investigation in a construction accident case can vary depending on several factors, including the complexity of the case, the availability of evidence, the cooperation of involved parties, and the overall legal process. An attorney will conduct a thorough investigation, which may involve gathering evidence, reviewing medical records, consulting professionals, interviewing witnesses, and assessing liability. The timeline can range from weeks to months, and occasionally longer for more complex cases. Your attorney will work diligently to expedite the investigation while ensuring all necessary aspects are adequately addressed to build a strong case.