Construction accidents can be devastating, causing severe injuries or even fatalities to workers and bystanders alike. In the complex world of construction sites, personal injury claims play a crucial role in ensuring that the rights of those injured are protected and that they receive fair compensation for their losses. The legal system serves as a safety net for victims of construction accidents, holding responsible parties accountable for their actions while providing a path to recovery for the injured.
The Law Office of Shane McClelland, PLLC, is equipped to help clients in Katy and the surrounding areas pursue damages in construction accident claims. With a proven track record of success and experience handling similar cases, you can trust our team with your case. By partnering with our dedicated team, you can confidently navigate the complexities of the legal system and seek the justice and compensation you deserve.
Crucial Legal Support From an Experienced Katy Construction Accident Lawyer
If you have suffered injuries from a construction accident in Katy or the surrounding areas, you are likely dealing with severe emotional, physical, and financial consequences. The skilled and empathetic Katy construction accident attorney from the Law Office of Shane McClelland, PLLC, can provide you with personalized legal attention, helping you protect your rights and pursue compensation.
Get started on your case today-call 713-987-7107 to discuss your case with our Katy attorney during a free case evaluation.
Common Construction Site Injuries
Construction sites are hazardous environments, and workers are often exposed to various risks that can lead to injuries. Here are some of the most common personal injuries that occur on construction sites:
- Amputations. Severe accidents involving heavy machinery or power tools can result in traumatic amputations of fingers, hands, or limbs. These life-altering injuries can require extensive medical treatment, rehabilitation, and the use of prosthetic devices.
- Burns. Exposure to hot surfaces, welding operations, electrical accidents, and fires can cause burns of varying severity. Burns can range from mild first-degree burns to severe third-degree burns, which can result in permanent scarring and disfigurement.
- Eye injuries. Workers can sustain eye injuries from flying debris, chemical exposure, or bright light sources such as welding arcs. Injuries to the eyes can range from minor irritations to severe damage, potentially resulting in vision loss.
- Hearing loss. Construction sites are often noisy environments, and prolonged exposure to high noise levels can lead to hearing loss or tinnitus (ringing in the ears). Wearing proper hearing protection can help prevent these types of injuries.
- Fractures and broken bones. Falls, being struck by objects, and other accidents can result in fractures or broken bones. These injuries can range from minor hairline fractures to severe compound fractures, which may require surgical intervention and extensive rehabilitation.
- Lacerations and abrasions. Construction workers are at risk of sustaining cuts and abrasions from sharp tools, equipment, or materials. While some lacerations may be superficial, others can be deep and require stitches or even surgery to repair the damage.
- Respiratory issues. Exposure to dust, asbestos, chemicals, and other hazardous substances on construction sites can result in respiratory problems, such as asthma, bronchitis, or even long-term conditions like chronic obstructive pulmonary disease (COPD) or lung cancer.
- Spinal cord injuries. Heavy lifting, falls, and other accidents can result in spinal cord injuries, which may cause temporary or permanent paralysis, loss of sensation, and chronic pain. The severity of these injuries depends on the location and extent of the damage to the spinal cord.
- Sprains and strains. Overexertion, lifting heavy objects, and repetitive motions can lead to sprains and strains affecting the muscles, ligaments, and tendons. These injuries can cause pain, swelling, and limited mobility, often requiring rest and physical therapy for recovery.
- Traumatic brain injuries (TBIs). Falls from heights, vehicle accidents, and being struck by objects can cause traumatic brain injuries. TBIs can range from mild concussions to severe, life-altering brain damage, potentially resulting in cognitive impairment, memory loss, and behavioral changes.
Our Katy construction accident attorney has years of experience helping construction accident victims get crucial compensation packages, enabling them to cover the medical bills associated with their injuries. Whether you or your loved one is suffering from a minor concussion or a life-altering spinal cord injury, a compassionate construction site attorney from our injury team can help you recover past, present, and future medical expenses.
Common Causes of Construction Site Accidents
Construction sites are unfortunately all too common. In order to prevent these accidents, it is crucial to understand their root causes. Here are some of the most common causes of construction site accidents:
- Falls. Falls from heights, such as ladders, scaffolding, or roofs, are one of the leading causes of construction site accidents. These falls can result from inadequate fall protection, unstable working surfaces, or failure to use proper safety equipment.
- Falling objects. Construction workers are often at risk of being struck by objects, such as tools, materials, or equipment falling from above. This can occur due to improper storage, lack of proper barriers, or negligence in securing items.
- Electrocutions. Electrical hazards are a significant risk at construction sites. Workers can be electrocuted when they come into contact with live wires, faulty equipment, or improperly grounded tools. Additionally, working near overhead power lines can also pose a risk of electrocution.
- Caught in or between machinery or objects. Workers can become trapped or crushed between heavy machinery, materials, or collapsing structures. These accidents can occur due to lack of proper training, equipment malfunction, or insufficient communication among workers.
- Vehicle accidents. Construction sites often involve the use of large vehicles and heavy machinery, such as forklifts, cranes, and trucks. Accidents can happen when operators are poorly trained, fatigued, or distracted, or when proper safety protocols are not followed.
- Slips, trips, and falls. Slippery or uneven surfaces can cause workers to slip, trip, or fall, resulting in injuries. These accidents can be prevented by maintaining clean and organized work areas, using appropriate footwear, and addressing any potential hazards immediately.
- Fires and explosions. The use of flammable materials, welding operations, and electrical equipment can create a risk of fires and explosions on construction sites. Proper storage of materials, adherence to safety protocols, and regular inspections can help reduce this risk.
- Overexertion. Construction work often involves heavy lifting, repetitive motions, and long hours, which can lead to overexertion injuries. To prevent these injuries, workers should be trained in proper lifting techniques, take regular breaks, and rotate tasks to avoid repetitive strain.
- Lack of training. Inadequate training can result in workers being ill-prepared to handle the hazards and risks associated with construction work. Employers should ensure all employees receive appropriate training for their specific tasks and are aware of relevant safety procedures.
- Poor communication. Communication is essential for maintaining a safe construction site. Miscommunication or lack of communication can lead to accidents and injuries. Employers should establish clear communication channels and encourage open dialogue among workers.
Katy Construction Accident Victims May Be Entitled to Compensation
Construction accident victims in Katy and the surrounding areas can suffer a wide variety of losses in the form of economic and non-economic damages. Economic damages include losses that can be directly tied to a financial amount, such as property damage, lost wages, and medical costs. Non-economic damages, however, account for intangible losses, such as pain and suffering and loss of consortium.
By knowing your potential for compensation, you can pursue a settlement that fully reflects all the damages you have suffered. An experienced construction accident lawyer from the Law Office of Shane McClelland, PLLC, can help you understand whether you are entitled to the following forms of compensation after your construction accident:
- Medical costs. Compensation packages traditionally cover medical costs associated with injuries, such as those for hospital visits, clinic visits, lab and imaging diagnostics, prescription medications, medical devices, assistive devices, physical therapy, and transportation to and from medical visits. An experienced lawyer can seek compensation not only for past and present costs but future medical expenses as well.
- Loss of income. If you were out of work due to your construction accident injuries, a compassionate lawyer can fight to obtain compensation for lost income and associated benefits during your recovery time.
- Property damage. If your personal property, such as technology, clothing, or other valuable items, was damaged as a result of your construction accident, you could receive compensation to repair or replace these items.
- Disability benefits. If your construction accident injuries led to short-term or long-term disability, a lawyer can pursue compensation to cover any of the associated expenses of your disability, such as at-home care and retrofitting your home to accommodate your new disability.
- Pain and suffering. As construction accidents tend to be traumatic, accident victims often suffer from physical pain and emotional suffering. Depending on the circumstances of your case, you could pursue compensation for pain and suffering.
- Loss of consortium. Construction accidents can lead to devastating injuries and even death, leaving a serious impact on not only the accident victim but also their loved ones. If a close familial relationship with the accident victim was lost as a result of the devastation caused, you can receive compensation for this.
Understanding how to pursue compensation and how much you can pursue after a construction accident can be highly complex, as your legal options are dictated by the factors in your case, including whether your employer has workers’ compensation insurance and the potential at-fault parties involved. An experienced lawyer can analyze the details of your case and the extent of your damages to recover the compensation you’re entitled to.
Steps to Take After a Construction Accident in Katy
If you have been harmed in a construction accident in Katy or the surrounding areas, it is critical to understand which steps to take directly after the incident occurs to protect your health, safety, and rights. While each construction accident case is different, the general steps that should be taken directly after an accident include:
- Getting to a safe place. If your accident involves conditions that still pose an imminent threat or danger, such as an explosion or fire, it is critical to get to safety and stop the potential for further harm.
- Notifying the relevant authorities. If any serious damages or injuries have been sustained, it is critical to notify law enforcement about the accident. During the 911 call, let the responders know if anyone is facing life-threatening injuries so they can dispatch adequate healthcare providers. Follow your company’s protocol for reporting the accident to your employer or management.
- Gathering evidence. If the circumstances permit you to do so, try to immediately gather as much evidence as you can that shows the scene of the accident. This includes taking videos and photos of the scene where the accident happened, specifically focusing on any damages and injuries sustained. Write down the names of all the parties involved, their contact information, and what they were doing before, during, and after the accident.
- Seeking medical attention. Even if you may not have sustained serious injuries from your construction accident, it is critical to see a healthcare provider. They can monitor your health conditions to see if you have sustained any injuries without apparent symptoms. Furthermore, they can provide you with critical health assessments to serve as evidence for your case later on.
- Contacting a Katy construction accident attorney. After you’ve reported your accident and gotten crucial medical treatment, it is critical to reach out to an experienced Katy construction accident lawyer. They can protect your legal rights, look into what happened to cause your incident, and get you compensation for all you have lost.
You can lose your right to pursue critical workers’ compensation benefits if you do not file your claim accurately or on time. Therefore, it is critical to work with a legal representative who can navigate the process efficiently and correctly. An experienced attorney knows how to manage the claims process in the overwhelming aftermath of a construction accident.
Civil Action vs. Workers’ Compensation for Construction Accidents in Texas
After a construction employee gets hurt on the job in Texas, they typically have two options for pursuing the compensation they’re entitled to: civil action and workers’ compensation. By understanding the differences between these two legal avenues, accident victims can make empowered decisions on how to seek the compensation they need to cover their damages.
Understanding Workers’ Compensation in Texas
The Texas workers’ compensation program is state-regulated, and it gives benefits to employees who have been injured on the job, regardless of who was at fault for the accident. Private employers in Texas are not required to carry workers’ compensation insurance, but many construction companies still choose to do so.
If your employer has workers’ compensation insurance, this may be a feasible route to pursue compensation after your accident. However, before doing so, it is critical to understand the following characteristics that govern the Texas workers’ compensation system:
- No-fault system. Employers who are injured on the job in Texas do not need to prove another person liable for the accident that caused their injuries. They are entitled to receive workers’ compensation benefits, regardless of whether the accident was the fault of themselves, an employer, or another party.
- Limited benefits. Workers’ compensation claims can help injured workers obtain critical benefits, such as coverage for the medical costs associated with the injury, temporary or permanent disability benefits, rehabilitation costs, and wrongful death benefits. However, non-economic compensation, such as pain and suffering, will not be part of a workers’ compensation payment.
- Employer immunity. As a general rule, if your employer has workers’ compensation insurance, they have legal immunity from being sued in civil court for employee’s injuries. An injured worker can only file a claim against their employer in extremely limited circumstances, such as if they exhibited gross negligence, extreme disregard, or active malice when causing their injury.
An experienced and thoughtful construction site accident attorney can consider the critical factors of your situation, such as:
- The type of benefits you’re seeking
- The speed at which you need to access your benefits
- The type of workers’ compensation insurance your employer holds
- The involvement of any third parties in your injury
- Whether any extremely negligent or hostile actions from your employer contributed to your injury
This allows them to determine whether pursuing workers’ compensation is the optimal legal strategy for your case.
Personal Injury Lawsuits for Construction Accidents in Katy
Personal injury lawsuits typically involve proving how a party exhibited negligent or wrongful behavior, which then led to the construction accident that caused the victim’s injuries. These lawsuits give injured workers the opportunity to seek compensation beyond what workers’ compensation can provide. When determining whether civil action is right for your case, an experienced lawyer can help you understand the following:
- Requirement of showing negligence. During civil action, you will need to show how another person’s or entity’s negligence, such as that of a subcontractor, equipment manufacturer, or employer, led to the accident that caused your injuries.
- Greater potential for compensation. If you win your case, you can receive compensation for past, present, and future lost income, the medical costs associated with your injury, emotional distress, loss of consortium, as well as pain and suffering. In cases of gross negligence, courts may also award punitive damages.
- Third-party lawsuits. If a third party, such as an equipment repair company, a tool manufacturer, a new property owner, or a negligent subcontractor, was responsible for causing your accident, you could sue them in civil court, even if you have accepted a workers’ compensation settlement.
- Higher complexity. Personal injury lawsuits tend to be more complicated and drag on for longer than workers’ compensation claims. An experienced lawyer can navigate this complex process, which involves evidence collection, court hearings, and legal negotiations.
If your employer does not carry workers’ compensation insurance, they do not have legal immunity. Therefore, if their negligent or wrongful actions led to the accident that caused your injuries, you could pursue civil action against them in court. The experienced Katy construction site attorney from the Law Office of Shane McClelland, PLLC, can show you which legal avenues may be optimal for pursuing the compensation you deserve.
Statute of Limitations for Construction Accident Claims in Texas
The statute of limitations is defined as the amount of time you have to file a lawsuit after your construction accident. If your case involves civil action, the applicable statute of limitations will typically be two years from the date you were injured. However, there are specific exceptions that may apply to your case, which could shorten or extend the deadline.
Workers who plan to file for workers’ compensation claims generally have one year from the date they are injured or learn their condition was work-related. However, under certain conditions, such as if the employer did not notify the employee of their rights, this filing deadline can be extended.
If you have lost a loved one in a construction accident in Texas, the amount of time you have to file a wrongful death claim is typically two years from the date the victim dies. It is critical for accident victims and their loved ones to be aware of these deadlines; if they are missed, they can lose their right to pursue the key benefits and compensation they are entitled to under the law.
Why Work With Our Katy Construction Accident Attorney?
Shane McClelland can handle construction accident claims for construction site visitors, passersby, workers, laborers, journeymen, and undocumented workers. Our Katy construction injury attorney can be trusted with your case as:
- We take a client-centered approach to cases. Our firm prioritizes the needs, goals, and preferences of our clients throughout their case, and we are committed to building strong relationships with our clients, understanding their unique situations, and tailoring our strategies to achieve the best possible outcome for them.
- We are committed to providing clients with a positive experience. We understand that navigating legal matters can be intimidating for clients and aim to make the law more accessible and less frightening for our clients.
- We are experienced professionals. Our construction accident attorney is backed by over 20 years of experience and our firm is known for our commitment to excellence and attention to detail.
- We support our clients through every step of the legal process. Our construction accident attorney will be there to address your concerns and offer you personalized counsel from start to finish.
- We are trusted and recommended by our past clients. Read our client testimonials to better appreciate our firm’s reputation of excellence.
Pursue Your Rightful Compensation With a Katy Construction Site Accident Attorney
At the Law Office of Shane McClelland, PLLC, we understand the complexities and challenges that come with navigating a construction site accident claim. Our dedicated injury attorney is committed to fighting for your rights and ensuring you receive the compensation you deserve for your injuries, lost wages, and medical expenses. We have the experience and knowledge necessary to advocate on your behalf, holding negligent parties accountable for their actions.
Don’t face this difficult journey alone. Let us help you seek the justice you deserve. If you or a loved one has been injured in a construction accident, contact our Katy construction site accident attorneys today at 713-987-7107 or reach out to our team online today. We’re here to provide you with the support and guidance you need to pursue your rightful compensation.
