Have you suffered an injury on the construction site? Our Dallas attorneys are here to explain your options.
Accidents on the construction site often lead to catastrophic injuries or wrongful death. The Dallas attorneys at Montgomery Law can help you get the justice and compensation you and your family deserve on a no-win no-fee basis.
There are few jobs more dangerous than construction work. Anyone working on a construction site faces a range of hazards, including falls from height, crush injuries, electrical accidents, trench collapses, and accidents caused by heavy machinery. While many laws exist to enforce workplace safety standards, the truth is that some construction employers in the Dallas-Fort Worth Metroplex simply prioritize profits over the safety of their workers.
Injured construction workers often believe that their medical bills and lost wages will be covered by workers’ compensation, but a surprisingly-high number of construction companies in Texas do not even have workers’ comp coverage. In many cases, your only option to recover compensation for your losses is through a negligence claim.
If you’ve been injured or someone you love has been killed in a Dallas construction accident, the attorneys at Montgomery Law are here to help you. We understand you have questions, which is why we’re available 24 hours a day by phone or email. To discuss the facts of your case today, call 214-720-6090 (local) or 1-833-720-6090 (toll-free) for a free consultation.
Dangers on the Construction Site
While workplace accidents can happen in any type of job, they are incredibly common in the construction industry. According to the Occupational Safety and Health Administration (OSHA), over 21 percent of all workplace fatalities occur on construction sites.
Construction workers have the same rights as everyone else. They deserve a safe working environment, and they deserve to be compensated when they’re injured on the job. Construction accidents commonly involve heavy machinery (e.g., cranes, lifts, trucks, excavators, etc.), but the truth is that almost every construction site accident comes down to negligence.
What’s truly unfortunate is that the vast majority of construction accidents are a result of an employer’s failure to follow workplace safety standards. The federal government requires that construction companies follow specific rules under the Occupational Safety and Health Act, but because inspections are rare, employers in Dallas often skirt the rules in an attempt to save time and money at the expense of worker safety.
Injuries Common to Construction Workers
Construction site accidents can lead to a range of injuries—from relatively minor scrapes and bruises, to spinal injuries and wrongful death.
The Centers for Disease Control and Prevention (CDC) has released a new report on the leading causes of construction injuries, which includes contact with objects, overexertion, falls to a lower level, transportation accidents, and more. The most common construction accident injuries include:
A serious injury can be devastating in many ways, including leaving you and your family in financial uncertainty. Not only can an injury of this scope be expensive to treat, but it may prevent the victim from returning to work for an extended period of time—and could even require lifelong care.
A skilled Dallas construction accident lawyer can help you recover the money that you deserve for all of your losses, including medical bills, lost wages, pain and suffering, any reduced earnings capacity, and more.
Workers’ Compensation in Texas
In Texas, employees who are injured on the job may be entitled to some guaranteed compensation through the state-run workers’ compensation system—but only if the employer offers it. Texas is the only state which gives business owners the option of whether or not to provide this coverage (which functions like insurance) to their employees. If an employee is hurt on the job, workers’ comp may provide guaranteed medical treatment and a reimbursement for a portion of your lost wages, but it also bars you from suing the company.
Because workers’ comp is optional in Texas, your injuries may not be covered through this system at all. If your employer does not provide workers’ compensation coverage, your only option to pursue compensation is through a negligence claim against your employer. This may sound intimidating, but the truth is that with an attorney on your side, these types of claims are almost always settled out of court.
Some construction companies in north Texas have been known to hire workers as “independent contractors” instead of employees in a foolish attempt to shield their company from liability, but it’s easy for an attorney to dispute this if need be. While it’s true that employers owe a lower duty of care to their contractors than their employees, independent contractors can still pursue a negligence claim against the employer and recover compensation if it can be shown that the employer was more than 50 percent at-fault.
At Montgomery Law, we will stand by your side if you have been hurt in a construction accident. We will check your employer’s workers’ comp status for free, and help you decide what your next step should be. We’re here to advocate on your behalf throughout the process and increase the likelihood of a successful recovery.
Claims Against Third Parties
If you’ve been injured in a construction-related accident, you may actually have a negligence claim against parties other than your employer. If the circumstances permit, you may also file a claim against a third party (a company or an individual) who bears some responsibility for your injuries.
Depending on the facts of your case, you may have a valid negligence claim against the general contractor or subcontractor. You may also have a premises liability claim against the owner of the property, or even a product liability claim against the manufacturer of a defective tool or other unsafe equipment.
While pursuing a claim against a third party can be challenging, our Dallas construction accident attorneys have the experience necessary to ensure that you have the best chance at recovering every dime you’re owed in compensation.
How Our Law Firm Can Help
When it comes to construction accident claims, the victim is often put in a tough spot. If they choose to pursue a personal injury claim or file a lawsuit, there’s a good chance they could lose their job. On the other hand, many victims have given their employer the benefit of the doubt, only to find themselves drowning in medical debt with no help from the employer and no job to return to anyway.
Construction companies and their insurance providers have teams of adjusters and lawyers working to discredit your claims. Hiring an experienced attorney to look after your best interests can help to level the playing field, and can give you a better chance at recovering a fair settlement fairly quickly.
During your initial consultation, we will advise you of your employer’s WC status, your rights, and your legal options moving forward. If you choose to hire us on a no-win no-fee basis, we’ll start by conducting an independent investigation of your accident to establish the factual basis for your claim. We will request and review the safety record for the company and its hiring records to determine if it complied with safety standards and only used experienced, licensed contractors. We will also make sure that we file all of the necessary paperwork, and will handle all communication with the defendants moving forward.
At Montgomery Law, we’ve devoted our practice to helping victims of all types of accidents, including those which occur on the construction site. Our experienced team of legal professionals is dedicated to advocating on behalf of our clients, and we work hard to get the best possible outcome in every case.
Being injured in a Dallas construction accident can be devastating, but Montgomery Law is here to help people just like you get the justice and compensation they deserve. We handle all cases on contingency, so there is no financial risk in hiring our firm to help you. Call us today at 214-720-6090 (local) or 1-833-720-6090 (toll-free) for a free consultation.