Dallas Construction Accident Attorney

Construction Accident Lawyers In Dallas

Dallas, a city characterized by rapid growth and urban development, is a hub of construction projects. While these projects contribute to the city’s progress, they also pose inherent risks to construction workers. Construction accidents in Dallas can have devastating consequences, resulting in personal injury, fatalities, and financial hardships for affected individuals and their families.

construction accident lawyer Dallas

If you or a family member has been affected by a construction accident, it is crucial to enlist the services of experienced legal representation. The Dallas construction accident lawyers at Genthe Law Firm are equipped to handle complex cases involving large companies and their insurance carriers. Their expertise ensures immediate attention to your case while you and your family navigate the healing process. Their unwavering commitment to securing the maximum financial compensation you deserve for your injuries and losses sets them apart as steadfast advocates for your rights.

Who is liable for my construction accident?

A single construction project could involve dozens of professionals, contractors, and companies. As a result, when a worker is injured in a construction accident, liability may vary. Depending on the size and complexity of the project, the people and/or entities responsible for the construction accident could include:

  • Property owners
  • General contractors
  • Sub-contractors
  • Engineers
  • Designers
  • Architects
  • Equipment or material suppliers
  • Construction managers
  • Safety consultants

In some cases, more than one party could be responsible for your construction accident. There are also times when the at-fault party is not immediately obvious. Every case is unique, and liability will depend on factors such as contractual agreements, legal duties, and the circumstances surrounding your accident.

You must identify all potentially liable parties from the outset of a personal injury lawsuit so that you do not lose your ability to seek compensation from them. A lawyer can review the facts of your case and determine who is at fault for your injuries.

What If I Am Being Blamed for the Construction Accident?

In Texas, construction accidents often involve complex liability issues. While workers’ compensation provides no-fault benefits, your right to compensation can be affected if the at-fault party asserts that you were partially responsible for the accident. Understanding Texas’ modified comparative negligence rules is crucial.

If the at-fault party can establish that you were 51% or more at fault for the accident, you may lose your right to compensation entirely. However, if your degree of fault is less than 51%, your compensation may be reduced proportionally – but is not zero. This nuanced legal framework underscores the importance of seeking legal advice to determine your rights and options.

How Much Is My Dallas Conscription Accident Case Worth?

The value of your construction accident case depends on various elements, including your eligibility to file a personal injury lawsuit.

If limited to workers’ compensation, your weekly benefits will roughly equal 70% of the difference between your pre-accident earnings and your post-accident earning capacity. However, in 2024, your weekly workers’ comp check will generally be capped at $1,058, and impairment benefits are limited to $741 per week.

Factors influencing the value of a personal injury claim include:

  • Severity of your injuries, encompassing physical pain and suffering.
  • Medical treatment and other expenses incurred.
  • Lost wages during your recovery period.
  • Impact of the injury on your quality of life and lifestyle changes.
  • Emotional distress caused by the accident.
  • Specific circumstances of the accident.
  • Whether you contributed to the accident in any way.

Given the complexity of calculating a case’s value, scheduling a free consultation with an experienced Dallas construction accident attorney is the best way to assess its potential worth.

Understanding Your Legal Rights in Texas

In Texas, navigating workplace injuries can be legally complex due to variations in employer practices regarding worker’s compensation coverage. Approximately 60% of employers participate in the state-sponsored system, while the remaining 40% may adopt alternate approaches or offer no benefits at all.

Establishing your employer’s coverage is crucial. Verify their worker’s compensation policy status on this webpage, using the formal company name as it appears on your paycheck, including descriptive terms like “INC., CORP., LTD, etc.”.

If covered, you’re entitled to benefits regardless of the injury caused. However, these benefits may not fully replace your earnings and could be your sole financial recourse. Employers must provide adequate medical treatment and cannot terminate employment during the worker’s compensation leave.

Additional benefits may be available if a third party’s negligence contributed to the injury. An attorney can help pursue these claims.

If the employer lacks worker’s compensation coverage, you’ll need to demonstrate negligence, such as inadequate supervision or training.

Understanding your rights after a workplace injury is intricate. Don’t accept employer-offered deals or believe there’s no recourse. Contact Genthe Law Firm’s personal injury attorneys for guidance and assistance.

Causes of Construction Accidents

Causes of construction accidents vary depending on the type of job, the work environment, and the equipment used in the course of the victim’s daily work. While there are numerous causes of construction accidents, there are certain types of on-the-job accidents that Texas personal injury lawyers come across regularly.

Photo credit: U.S. Department of Labor

One common cause of Texas construction accidents is faulty equipment due to regular wear and tear. After a while, equipment simply needs to be replaced or repaired due to the strain of daily use. Workers can be seriously injured on the job if they are using worn-out tools and equipment. Equipment needs to be serviced regularly to ensure that it is safe for use on the job.

Falls are another frequent cause of workplace injuries. According to the U.S. Department of Safety, falls accounted for 15% of all workplace fatalities in 2023. General research indicates that falls account for one out of every three construction accident deaths. The most common type is a worker falling from a roof, but faulty scaffolding is another frequent cause of falls in the workplace.

Other causes of construction accidents include:

  • Electrocution
  • Asphyxiation
  • Lack of proper training
  • Fires or explosions
  • Heavy machinery accidents, such as cranes and forklifts
  • Faulty safety harness
  • Welding accidents
  • Trench collapses
  • Falling objects
  • Failure to comply with OSHA safety standards
  • Exposure to caustic chemicals
  • Holes in the floor
  • Compressed gases
  • Lifting heavy objects

Sadly, many Texas construction accidents could have been avoided through basic safety measures. However, employers sometimes fail in their duty to provide their employees with a safe work environment. In these cases, the injured worker is sometimes eligible to bring a personal injury lawsuit and/or pursue a worker’s compensation claim.

OSHA Rights for Dallas Construction Workers

In Dallas, construction workers’ safety is prioritized through a range of rights provided by OSHA. These rights empower them to work in secure environments. As a valued construction worker, know your rights:

  1. Right to a Safe Workplace: Demand a workplace free from hazards that could cause harm. Report hazards, as employers are responsible for ensuring your safety.
  2. Right to Training and Information: Receive proper training on safety measures, equipment use, and potential hazards. Your employer must provide you with the necessary knowledge to work safely.
  3. Right to Report Unsafe Conditions: Voice concerns about unsafe conditions to your employer or OSHA. Exercise this right without fear of retaliation. Report violations and protect your well-being.
  4. Right to Whistleblower Protection: Enjoy legal protection if you raise concerns about safety violations or hazards at your workplace. OSHA safeguards you from retaliation for exercising your rights.
  5. Right to Access to Information: Request safety and health information, including records of work-related injuries and illnesses. Stay informed about workplace hazards.
  6. Right to Request an OSHA Inspection: If unsafe conditions persist, you can request an OSHA inspection. OSHA will thoroughly investigate and ensure compliance with safety regulations.
  7. Right to Participate in Safety Programs: Actively take part in safety programs and committees. Share your practical work experience to improve safety practices.
  8. Right to Protective Gear and Equipment: Employers must provide personal protective equipment (PPE) to minimize injury risks. Ensure proper usage and adhere to safety standards.
  9. Right to Know About Chemical Hazards: Be aware of hazardous chemicals you might encounter on-site. Read labels, and safety data sheets, and attend training sessions. Protect yourself from chemical risks.

As a Dallas construction worker, know your OSHA rights. Exercise them to ensure a safe and secure work environment. Our construction lawyers are ready to investigate and prove liability if you suffer an injury due to safety violations or neglected hazards.

Construction Violations Can Be Fatal

Recently in NY, a 34-year-old construction worker fell 13 stories to his death at a construction site. The Department of Buildings said there were more than three dozen open violations at the site. The first violation listed the man was not wearing a harness.

Fall protection is important because falls are among the most common causes of serious work-related injuries and deaths. Employers must set up the workplace to prevent employees from falling off of overhead platforms, elevated workstations, or into holes in the floor and walls.

Accidents that occur at construction sites are often caused because of violations like the following:

  • Failure to safeguard persons or property
  • Failure to report accidents
  • No record of daily inspections of suspended scaffolding
  • Work that doesn’t conform to approved plans
  • Failure to provide approved plans
  • Failure to provide guardrails
  • Failure to provide protection

In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous victims and families who suffered from workplace accident tragedies. The family of this victim should consult with an attorney to file a suit against the responsible party. The family does not want to be burned by unexpected costly medical expenses or suffer from a loss of income. A successful civil claim will enable the victim’s family to cover any costs or expenses.

Contact Our Dallas Construction Accident Lawyers for a Free Consultation

If you’ve been injured in a construction site accident, uncertainties about securing compensation may arise. Don’t navigate this alone. Contact an experienced Dallas construction accident lawyer at Genthe Law Firm today. Our free consultations offer expert guidance and clarity on your legal options.

Get a Free Evaluation

Or Call 214-957-0898