Workers at construction sites know there are risks associated with taking on a job because it’s no secret that accidents do happen from time to time in these volatile settings. Thanks to the safety policies and protocols set forth by the Occupational Safety and Health Administration (i.e., OSHA), injuries and fatalities at worksites have decreased exponentially since the agency’s inception over 40 years ago. Be that as it may, there are still thousands of construction accidents that occur every year, some even resulting in personal injury or death and a mountain of medical bills, fees and court costs. That is why it’s essential to seek the counsel of a reputable personal injury attorney if you are hurt on the job due to a construction accident.
Construction Accident Facts and Figures Add Up to Pain & Suffering
The risks of construction accidents can be (and to a great degree are) mitigated by adhering to OSHA safety guidelines and protocols. Be that as it may, a myriad of worksite incidents stem from employers, subcontractors and other higher-up company entities who fail to follow, enact or enforce the appropriate safety procedures and training. In fact, in the 2016 fiscal year (October 1, 2015 through September 30, 2016) alone, there have been more than 1,000 reports of worksite-related deaths (per OSHA), many stemming from these top-cited causes:
- Inadequate fall protection
- Poor hazard communication
- Scaffolding inadequacies
- Lack of respiratory protection
- Poor control of hazardous energy
- Powered vehicle accidents
- Ladder mishaps
- Electrical components, systems and wiring methods
- Machinery and guarding
Further, these causes produce OSHA’s Fatal Four—falls, electrocutions, struck-by hazards and caught-in/between hazards—which cost one out of 10 construction workers their lives each year. This being the case, it’s important to know that when procedures and protocol fail, the law can protect.
Negligence is Relative, So Hire an Attorney
When it comes to taking a construction accident case to court, proceedings and pursuit of damages can prove to be quite difficult since there is potential multiple people or entities are at fault—from employers or supervisors to the victim himself/herself. That is precisely why you should have a proficient personal injury attorney on your side who can navigate the process and fight on your behalf.
After sustaining an injury due to a construction accident, the victim has two main options available to pursue damages:
- File for workers’ compensation benefits – Depending on the situation, injuries resulting from accidents at construction sites might have to be handled solely through a state’s workers’ compensation process.
- File a personal injury lawsuit – Sometimes certain circumstances allow for the pursuit of compensation via the courtroom, like when third parties are to blame (e.g., manufacturers, subcontractors, engineers and others) or when your employer’s settlement offer doesn’t cover squat.
As far as construction accidents are concerned, Texas is a modified comparative fault state, which means the victim can receive compensation for injuries even if he or she was somewhat negligent in the matter—if his or her negligence is incomparable to that of the other involved parties.
Who You Should Turn to Following a Construction Accident
Whether you need assistance with pursuing workers’ compensation benefits or would like to file a personal injury lawsuit, you should call the experienced trial attorneys at Bill Kennedy Law at (972) 939-4878 for a free initial consultation. We always work tirelessly for justice and fight to ensure our clients receive the maximum amount of compensation afforded by law.
