if you or a loved one has been injured in a construction accident in Dallas, contact the construction accident lawyers of Fears & Nachawati for a free consultation with a construction accident law firm

Dallas Construction Accident, Construction Accident Lawyer in Dallas, Free Construction Accident Case Review

If you’ve been injured in a construction accident, there are steps you should take to preserve important evidence. Taking the following steps will help to protect both yourself and your legal rights:

 
•Seek medical attention for your injuries.
•Immediately report your injury to your supervisor. Make sure that a written report of the incident is made.
•Collect the names and contact information for any possible witnesses to your accident.
•If possible, take photos of the area where the accident occurred, including any tools and equipment involved in the accident.
•Write down a detailed account of how the accident happened.
•Contact a Texas personal injury lawyer as soon as possible.


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, there are numerous different people who may be liable. 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.

It is important that you 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.

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 on a regular basis.

 
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 2007. 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.

Construction site accident facts and statistics

Every day in the United States, workers are injured while on the job. Sadly, the number of injuries – and fatalities – is far higher for those working in the construction industry. In fact, in 2004, the Federal Bureau of Labor Statistics stated that the construction industry has the second highest number of fatalities of all industries in the U.S. The study also revealed that construction workers have a higher-than-average number of days off from work due to illness or injury.

Other studies have indicated that one out of every ten construction workers will be injured on the job at some point during their career.

The stakes are even higher for construction workers in Texas. Since 1992, according to the Bureau of Labor Statistics, Texas has ranked either first or second in the number of workplace injuries per year – construction site accidents accounted for the largest number of those injuries. In 2004, for instance, Texas was in second place with 114 fatalities in the construction sector.

Other shocking statistics related to construction site accidents include:

·         Research conducted by the National Institute for Occupational Safety and Health showed that, in 2007, construction accidents caused the highest number of fatalities of any industry.

·         In 2007, over 1,100 construction-related fatalities were reported.

·         Falls are the most common cause of fatal construction site accidents.

·         After falls, transportation accidents, falling objects and electrocution are the most common causes of  construction-related deaths, respectively.

·         Of all workers compensation costs across the country, 15% are due to construction site accidents.

As these statistics show, the construction industry is a highly dangerous occupation that puts workers at serious risk of suffering an on-the-job injury. If you or a loved one has been injured in a construction site accident, contact us today.

Texas workplace injury claims: subscriber and non-subscriber claims

In Texas, there are two types of workplace injury claims: subscriber and non-subscriber. Subscriber claims are the most common. These claims arise when an employee is injured and their employer carries valid workers compensation insurance. In order to be compensated for their injuries, the work files a workers comp claim. In subscriber cases, the injured worker cannot bring a lawsuit directly against their employee.

A non-subscriber, by contrast, is an employer that does not carry valid workers compensation insurance. If your employer is a non-subscriber, then they fall under the common law, and compensation can be pursued through the court system.

Another situation in which an injured worker may be able to file a suit is if the injury was caused by a third-party, such as a subcontractor. In that case, the worker can bring a claim for negligence in order to recoup their damages.

Accidents and Injuries at Work: Employer Reporting Requirements

Frequently, employees and workers do not know the reporting requirements for injuries and accidents that occur on the job.  The Texas Labor Code requires all employers in Texas that do not carry workers' compensation to notify the Texas Department of Insurance--Division of Workers' Compensation in writing .  See Texas Labor Code Section 406.004(a).  Employers that do not comply with reporting requirements are subject to penalties and administrative violations. Similarly, employers with five employees or more are required to notify TDI-DWC of each injury or illness by the seventh day of the following month.  See Texas Labor Code Section 411.032(a).  Employees and workers should be aware that employers are required to notify their employees whether or not they carry workers' compensation insurance.  See Texas Labor Code Section 406.005.  The notice must be posted at conspicuous locations at the employer's place of business.  If you have any questions regarding reporting requirements or compliance with the law, or if you have been injured on the job, call Fears & Nachawati for a free consultation--1 (866) 705-7584 or email mn@fnlawfirm.com.

Fears | Nachawati is a Texas personal injury law firm that helps victims of construction accidents get the compensation they deserve. Contact us today to receive free legal advice about your accident. To speak with a Texas personal injury lawyer at no charge, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for your free consultation


Fears | Nachawati has law offices throughout Texas, including Dallas, Ft. Worth, Houston, Austin and San Antonio. Our Dallas and Ft. Worth offices serve Plano, Arlington, Carrolton, Cleburne, Irving, Grand Prairie, Denton, Frisco, McKinney, Garland, Mesquite, Richardson, Rowlett, Rockwall, Greenville, Terrell, Waxahachie, De Soto, Duncanville, Cedar Hill, Everman, Crowley, Mansfield, Haltom City, Granbury, North Richland Hills, Flower Mound, Bedford, Hurst, Euless, University Park, Highland Park, and elsewhere in Dallas County, Tarrant County, Collin County, Johnson County, Kaufman County, Navarro County, Ellis County, Rockwall County, Denton County, and Hunt County.

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    Description:

    Hiring Illinois Construction Accident Lawyers


    Construction accidents can be life-changing.  An injured party may no longer be able to earn a livelihood in his or her chosen profession.  He or she may be permanently disabled.  Worse yet, a life may be lost.


    Your Illinois construction accident attorney can advise you as to your legal rights and options.  It is important to contact an attorney as soon as possible after your accident so that important evidence is maintained and any lawsuits can be filed before the expiration of the statute of limitations.


    Dolan Law Offices represents plaintiffs in construction accidents throughout Illinois and the greater Chicagoland area, including Cook County, DuPage County, Lake County, McHenry County, and Will County, and the towns of Aurora, Addison, Chicago Heights, Joliet, Hillsdale, Plainfield, Rolling Meadows, Des Plains, Schaumburg, Palatine, Elk Grove Village, Hoffman Estates, Arlington Heights, Mount Prospect, Hanover Park, Streamwood, Prospect Heights, Wheeling, Wheaton, Waukegan, Inverness, Barrington, Buffalo Grove, Elgin, Bartlett, Itasca, Bloomingdale and Oak Park.


    Please contact us today for a free consultation.  The Chicago construction accident attorneys of Dolan Law Offices will not collect a fee from you unless your case results in a monetary verdict or settlement.

  • Construction Accident Death | Construction Accident Lawyer | Construction Accident Attorney | Construction Accident Law Firm

    Description:

    Other studies have indicated that one out of every ten construction workers will be injured on the job at some point during their career. The stakes are even higher for construction workers in Texas. Since 1992, according to the Bureau of Labor Statistics, Texas has ranked either first or second in the number of workplace injuries per year – construction site accidents accounted for the largest number of those injuries. In 2004, for instance, Texas was in second place with 114 fatalities in the construction sector.

  • Nationwide Construction Accident Help

    Description: At Fears | Nachawati, our Construction Accident attorneys are committed to fighting for people who have been injured throughout the United States.  A personal injury is a bodily injury suffered during an accident that occurs due to another person’s negligence.  Examples include crane accidents due to heavy loads or a construction worker’s fall due to defective maintenance of scaffolding.

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Fears | Nachawati
4925 Greenville Avenue
Suite 715
Dallas, Texas 75206
Phone: 214-890-0711
Toll Free: 866-705-7584

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