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(281) 587-1111
(281) 587-1111
(281) 587-1111
Our Houston construction accident lawyer is a specialized construction accident law firm representing injured construction workers and their families in construction site accident cases. Our lawyers possess extensive knowledge and expertise in handling construction accident cases, navigating Texas laws and regulations, and advocating for the rights of injured workers. When construction accidents occur, our legal professionals ensure that the injured parties receive the compensation and justice they deserve. We have represented families who have lost a loved one in a construction accident since 1985 and won millions for our clients.
A construction accident is an incident that occurs on a construction site, resulting in injury, death, or property damage. These accidents can stem from various factors, including equipment malfunctions, falls from heights, electrocution, and being struck by objects. Construction accidents can devastate construction workers, their families, and the construction industry. The nature of construction work, which often involves heavy machinery, elevated workspaces, and hazardous materials, makes it inherently risky. Therefore, understanding what constitutes a construction accident is crucial for prevention and legal recourse.
Construction accidents can take many forms, each presenting unique risks and challenges. Some of the most common types include:
Understanding these construction accident types can help implement safety measures and seek appropriate legal action when necessary.
Construction accident lawyers are crucial in helping injured workers and their families navigate the complex process of seeking compensation for their injuries. Their expertise includes:
Construction accident lawyers in Houston must be well-versed in Texas laws and regulations governing construction accidents. Necessary expertise includes:
The award-winning Houston construction accident lawyers at Baumgartner Law Firm have been getting record settlements for over three decades for severe personal injury and wrongful death accidents at construction sites. If you were injured on a construction job in Houston, we can help you.
Don’t settle for less- call us today at (281) 587-1111! Houston construction sites are some of the most dangerous places to work. Given these dangerous working conditions, accidents are all too common. Accidents may cause serious injuries like those involving the spinal cord, brain injuries, or even death.
In some cases, construction accidents involve OSHA investigations and could include multiple parties. In the event of an accident, make sure you fully consider the scope of your legal options and discuss them with a lawyer familiar with construction accidents.
If you have been injured in a construction accident, call Baumgartner Law Firm and speak with a construction accident attorney in Houston with over 35 years of experience.
Call our Houston construction accident attorneys at (281) 587-1111 and discuss your construction accident claim with Houston’s leading construction accident lawyer.
After a serious injury or fatal accident at a construction project, the attorney you choose to represent your matters? Get a top-rated personal injury attorney with decades of experience to handle your case.
Our Houston personal injury lawyers have handled numerous wrongful death construction cases in Houston, Dallas, Austin, and across Texas. Other plaintiff attorneys refer cases to our personal injury law firm due to our expertise. Recently, we settled a wrongful death case where a worker fell at a construction site. We have many multi-million dollar proven results with construction death cases.
Our founder, Greg Baumgartner, is one of the very few attorneys who hold not one but two law degrees and has been preeminently rated by peer review for decades. Also, a graduate of Trial Lawyers College, Mr. Baumgartner has been recognized with awards from SuperLawyers, America’s Top 100 Personal Injury Lawyers, Lead Counsel, Elite Lawyers, and many others.
Our Houston construction accident lawyers have a track record of winning big settlements for construction workers with construction injuries. Our personal injury lawyers in Houston have the resources to fight the construction companies to get you the compensation you deserve.
We will obtain vital evidence to document and prove what happened and who was at fault. Evidence can include witness interviews, scene documentation, and conferring with OSHA and local authorities.
While OSHA monitors the construction industry, a personal injury law firm is needed to hold companies accountable.
So, you can focus on getting your life back in order.
Most personal injury cases require testimony from medical expert witnesses to prove the extent of the injury and medical issues. Construction accident lawsuits can require liability experts to explain violations of safety rules and who may be at fault. We know and have worked with the very best expert witnesses in Texas.
Our experienced construction accident attorney will handle all interactions and negotiations with the construction company, other defendants, and insurance companies. We have honed our negotiation strategies with construction accident cases for decades.
If we can’t settle your case without litigation, we will file a personal injury lawsuit and aggressively fight to get you maximum compensation.
Our law firm has won millions of dollars for families of victims who died at construction sites in Houston and across Texas. We have won cases involving defective construction equipment and construction site accidents. Both catastrophic injuries and wrongful death lawsuits. We charge no fee unless you get money in your pocket. Injured construction workers should call us at (281) 587-1111 for a free consultation.
Houston is a beautiful and dynamic city that is constantly growing. If you look closely, you’ll notice that there are new office buildings, neighborhoods & shopping malls, and it’s all because of the hardworking Houston construction workers.
People want to know their rights after an injury at a construction site. The answer depends on who caused the injury and if workers’ compensation benefits are available to the victim. It is crucial to promptly report an on-the-job injury to your employer and follow the necessary procedures to ensure you receive workers’ compensation benefits.
Understanding these laws is essential for injured construction workers seeking compensation and employers aiming to maintain a safe work environment.
Construction sites are inherently dangerous environments where injuries can occur despite safety precautions. You may be entitled to compensation if you’ve been injured on the job. But understanding the type of compensation available—whether through workers’ compensation or a third-party claim—is crucial for maximizing your recovery.
Workers’ compensation in Texas is a no-fault insurance system designed to provide benefits to employees injured or ill due to their work conditions. This system ensures that injured workers receive medical care and wage replacement benefits quickly, without the need to prove employer negligence. Here are the primary benefits workers’ compensation provides:
Medical Coverage– Workers’ compensation covers all necessary medical expenses related to the injury or illness. This can include surgeries, hospital stays, doctor visits, prescription medications, physical therapy, and more.
Lost Wages- While workers’ compensation does not replace your entire salary, it provides a portion of your wages, typically around 60-70%, during the period of disability.
Temporary or Permanent Disability– If your injury leaves you unable to work temporarily or permanently, workers’ comp offers disability payments. These can be temporary total disability (TTD) or permanent partial disability (PPD), depending on the severity of your condition.
Death Benefits- Death benefits are paid to some specified family members. Such benefits are 75% of the deceased employee’s average weekly wage and can include burial expenses.
One of the key benefits of workers’ compensation is the no-fault nature of the system. As an injured worker, you do not need to prove that your employer was negligent. Simply proving that the injury happened during your employment is enough to qualify for benefits.
In exchange for the quick and straightforward compensation process, you give up your right to sue your employer for additional damages like pain and suffering.
While workers’ compensation protects both employees and employers, it does not cover situations where another party—outside of your employer—was responsible for your injury. This is where a construction accident claim, specifically a third-party claim comes in. A third-party claim allows you to file a lawsuit or insurance claim against a party other than your employer who may have been negligent in causing or contributing to the accident. In addition to workers’ compensation, you may also pursue a personal injury lawsuit against the responsible third party to recover additional damages.
In construction accidents, third parties that could be liable include:
Fault Requirement– Unlike workers’ compensation claims, where no fault needs to be proven, a third-party claim requires you to prove that the third party acted negligently. This can include failing to follow safety regulations, using defective equipment, or maintaining a safe work environment.
Compensation Available– Workers’ compensation benefits are limited to medical expenses and a portion of lost wages. In contrast, a successful third-party claim allows you to recover full lost wages, future earning capacity, and non-economic damages like pain and suffering.
Legal Process- Filing a third-party claim is more complex and often requires the expertise of an experienced construction accident attorney. While workers’ compensation claims are processed through an administrative system, third-party claims may involve filing a lawsuit, presenting evidence of negligence, and possibly going to trial.
Yes, in many construction accident cases, workers have the right to pursue both a workers’ compensation claim and a third-party claim simultaneously. This strategy is often the most beneficial, as it allows injured workers to secure benefits quickly through workers’ comp while seeking additional compensation from liable third parties.
It’s important to note that if you receive compensation through both avenues, your employer’s workers’ compensation insurance provider may have the right to be reimbursed through a process known as “subrogation.” Essentially, the insurer can claim a portion of your third-party settlement to recover the costs it already covered in workers’ compensation benefits. This ensures that you are not compensated twice for the same damages.
While subrogation may reduce your third-party award, the benefit of pursuing both claims lies in recovering compensation for damages that workers’ comp does not cover, such as pain and suffering or punitive damages.
To ensure you receive the full compensation you’re entitled to after a construction accident, consulting with an experienced Houston construction accident attorney who can evaluate your case is critical. Filing a comprehensive construction accident claim is crucial for getting full compensation. A knowledgeable construction accident lawyer can help you with the following:
Identifying all responsible parties and the best action to hold them liable is key to maximizing your claim.
Filing both workers’ comp and third-party claims requires understanding legal processes and careful coordination to avoid jeopardizing either claim.
An attorney can help you ensure you’re pursuing all available compensation, including damages for pain and suffering, lost future wages, and medical expenses.
Here are some specific situations for accidents at a construction site in Texas:
If your employer has workers’ compensation insurance, you may be eligible for benefits if you are injured on-the-job. Workers’ compensation benefits can include:
You must report your injury to your employer and seek medical attention immediately. You should also consult with an experienced Houston construction accident attorney to ensure that your rights are protected and that you receive the benefits you are entitled to. An attorney can guide you through the claims process and help you navigate any legal complexities.
If you are injured on the job and your employer does not have workers’ compensation coverage, by proving any negligence on the part of your employer, you can sue the employer as a “non-subscriber.” Contributory negligence by the employee is not a defense for a non-subscriber case against the employer.
Where another contractor or another contractor’s employee or other party was at fault for causing an accident, you may sue that contractor for negligence. This is called a third-party action. Third parties can be:
You may also collect workers’ compensation benefits and pursue a third-party case. However, workers’ compensation has a statutory right to be paid back or the benefits they paid out if you recover money from a third party. Construction injures resulting from third-party negligence can include severe physical harm and significant financial losses.
Construction accident attorneys routinely negotiate with the workers’ compensation insurance company to reduce payback and maximize client compensation.
In Texas, worker’s compensation does not bar a lawsuit against the employer if the employer was grossly negligent in causing the death and responsible for punitive damages. The burden of proof is very high for punitive damages cases. Most wrongful death cases do not rise to the level of recklessness required for an exemplary damage finding. At Baumgartner Law Firm we have won many construction site accident cases involving punitive damage claims.
To prove negligence in Texas, you must establish four key elements: duty, breach, causation, and damages. First, show that the defendant owed you a duty of care. Then, demonstrate that they breached this duty by acting unreasonably or failing to act. Next, prove that this breach directly caused your injury. Finally, provide evidence that you suffered actual damages, such as medical expenses or lost wages, because of the defendant’s actions. Each element must be supported with clear evidence to succeed in a negligence claim.
With construction site accidents, the first elements of negligence can often be proven by showing a violation of the OSHA safety regulations. The OSHA regulations can create a duty to act. In personal injury or wrongful death lawsuits from a construction accident, duty can be shown by the exercise of control over the jobsite. Control can be proven by actual control over the details or responsibility for safety created by the contract.
In Texas construction cases, the “right of control” issue often determines whether a general contractor may be held liable for injuries caused by an independent contractor. Generally, a contractor is not responsible for the safety of independent contractors unless they retain or exercise control over the methods, means, or details of the work. For instance, in JLB Builders, LLC v. Hernandez, the Texas Supreme Court ruled that the general contractor did not owe a duty of care because they did not control how the subcontractor performed the work that led to the injury, nor did their safety requirements increase the risk of harm.
You must retain an experienced construction accident lawyer for your case. That attorney should be a trial lawyer with extensive experience in construction accidents and OSHA regulations.
Violation of OSHA regulations can be found in most serious construction accidents in the greater Houston area. Yet, proving who had control over the safety responsibility at the site requires top-legal help. That is where we come in.
The Houston personal injury lawyers at Baumgartner Law Firm have been helping injured workers or families who have lost a loved one for over thirty-five years. Put our construction site accident expertise to work on your case!
Regarding construction accident injuries, settling for workers’ compensation may not cover all your losses. By understanding the differences between workers’ compensation and third-party claims, you can take the steps necessary to protect your financial future.
Contact us today if you or a loved one has been injured in a construction accident. We can evaluate your case, identify potential third-party claims, and help you secure the compensation you deserve.
We have handled serious injury and fatal construction accidents at Baumgartner Law Firm for over 38 years. And believe in aggressively fighting for your rights by getting you full compensation. We know how much construction accidents can impact your financial future and are committed to upholding your rights. Some of the Houston construction accidents we’ve handled in the past include:
Equipment accidents are another common type of construction accident. According to OSHA, equipment accidents account for over 100 fatalities each year. These accidents can result from faulty design, poor maintenance, or operator error. Regular equipment inspections, proper maintenance, and thorough operator training are essential to prevent such accidents.
If you or a loved one has been injured in a construction accident, it’s essential to seek the help of an experienced Houston construction accident lawyer. At Baumgartner Law Firm, our team of experienced attorneys has a proven track record of success in handling construction accident cases. We can help you navigate the complex process of filing a workers’ compensation claim and pursuing a personal injury lawsuit. A Houston construction accident attorney can help investigate equipment accidents and pursue compensation. Contact us today to schedule a free consultation.
When construction crews are working on high buildings, scaffolding comes in handy and helps them repair the building or carry on the construction.
Unfortunately, some structures are poorly constructed and not as safe and secure as they should be. This causes the scaffolding to tilt, shake, or collapse, causing serious harm to the workers around it.
If a loved one has been injured in a scaffolding accident, contact our experienced scaffolding accident lawyers in Houston.
According to the CDC, falls are the top cause of work-related deaths in the construction industry. This is highly concerning because construction sites usually have raised structures full of dangerous debris that can cause fatal fall accidents. For instance, when construction workers fall, they can land on machinery, open chemicals, dangerous debris, and nearby tools.
OSHA has regulations designed to protect workers from falls from heights. Most of the fatal accident cases we have won involved violations of OSHA standards.
This results in lacerations, spinal cord injuries, traumatic brain injuries, cuts, and lacerations. Our construction site accident lawyers in Houston have won many wrongful death cases where fall protection equipment was not provided or improperly used.
Lift accidents are common construction accidents that can result in serious injuries or fatalities. Construction accident lawyers in Houston must be familiar with the causes of lift accidents, including:
They must also know the lift operations regulations, including OSHA standards and manufacturer guidelines. By hiring a construction accident lawyer in Houston, injured workers and their families can ensure that their rights are protected and receive the compensation they deserve for their injuries. These legal experts are dedicated to holding negligent parties accountable and securing the best possible outcomes for their clients.
Construction sites are full of exposed wires, open power sources, and dangerous machines, which could result in serious burns when they’re mishandled. In some cases, construction site burn accidents are caused by electrical faults and chemical spills.
The severity of burn injuries caused by varies, but they often result in disfigurement, loss of limbs, and, in some instances, loss of nerve control.
Most construction sites are elevated, and the company must build structures to give workers access to higher levels. When the crew is working above ground, there’s an increased risk of dropping tools, small machines, or construction materials, causing devastating injuries to the workers below or bystanders.
Our construction site lawyers are experienced in crush injury cases.
Construction machinery is often complex, so it should only be operated by authorized personnel. Unfortunately, in a misguided attempt to cut costs, construction companies often allow uncertified employees to handle the equipment without any prior training. This poses grave danger to the other workers and may result in accidental fires, pinning employees underneath the machine, or dropping building materials.
Our Houston construction accident attorney has handled dangerous equipment cases for over three decades. We won a case where the construction worker died when his safety equipment failed. Part of the settlement was the manufacturer of the equipment agreed to make their product safer to prevent other needless deaths.
Trenches within the construction site sometimes collapse, and workers inside it could be trapped inside or sustain serious injuries due to falling debris. Some of the most common trench cave-in injuries include spinal injuries, traumatic brain injuries, and death due to suffocation. Our construction accident attorneys have helped many families after a death from a trench cave-in.
Construction sites are full of adhesives, paints, primers, and cleaners. While these chemicals are necessary for quality construction, they pose a serious threat if mishandled. Constant exposure without proper training or safety gear could also result in long-term illnesses.
The severity of construction site injuries ranges from mild cuts to wrongful death. Some of the common injuries that Houston construction workers face include.
Some of these injuries have lasting implications and may affect your ability to resume work.
If you have been seriously hurt or have lost a family member, call the personal injury attorneys in Houston at Baumgartner Law Firm for a free construction accident case consultation! (281) 587-1111.
Construction jobs often involve multiple contractors. If a third party is responsible for the accident, they should be held liable.
Employer negligence is common on construction sites and can cause serious accidents. This could be due to lack of training, poor supervision, or improper machine maintenance.
Call our experienced Houston construction accident attorney for a FREE Consultation!
This applies if your injuries are caused by dangerous equipment.
If they create dangerous working conditions through negligence, you can file a claim against them.
OSHA may be called to investigate the incident after a fatal or severe injury at a construction site. OSHA is tasked with protecting workers and investigating the cause of injury or death and safety code violations. While OSHA’s initial findings of negligence or violations are not binding on a civil personal injury case, the facts uncovered can be vital to a personal injury lawyer.
Getting your own Houston construction accident lawyer is important to protect your rights.
OSHA Houston North – 690 S Loop 336 W #400, Conroe, TX 77304, – Conroe Medical Plaza. (936) 760-3800.
OSHA Houston – 17625 El Camino Real Suite #400, Houston, TX 77058, -Camino Center. (281) 286-0583.
If you’ve been in a construction accident in Houston, you might be entitled to compensation for your injuries. Understanding the complexities surrounding a construction accident claim is crucial, including the details of compensation recovery and the liability of various parties involved.
The Houston personal injury lawyers at Baumgartner Law Firm have a proven record of winning construction accident cases. We have recovered significant damages for victims over 38 years.
The compensation awarded varies based on the unique details of your case, but you’re entitled to recover economic and non-economic damages. The Houston personal injury lawyers at Baumgartner Law Firm have helped recover multi-million dollar damages for victims for over three decades.
Some damages available in Texas are:
You should note that if a wrongful death occurs, the compensation is awarded to the worker’s surviving family members and the estate.
The time limit for filing a lawsuit for a third-party construction accident in Houston is two years from the accident date. If you file your claim after this period, you might be barred from seeking compensation. For workers’ compensation claims, the deadlines are even shorter. If you have a Texas workers’ comp claim, get advice from a workers’ comp attorney as soon as possible.
If you are hurt in a construction accident, do not wait. Find a reputable lawyer right away.
Avoid negotiating with the defendant’s insurance company when you’re involved in a construction accident. Baumgartner Law Firm recommends that your Houston construction accident law firm make all case contacts.
Have you or your loved one sustained construction injuries in Houston, Texas? Contact us today at (281) 587-1111 for a FREE consultation!
Many construction accidents happen with workers covered by worker’s compensation. In most cases, Worker’s Compensation for an employee bars a lawsuit against the employer for damages. An exception is when the worker dies, and the family can prove gross negligence to claim punitive damages.
Yet workers’ compensation has limited benefits, while third-party negligence claims do not have damage caps in Texas. Our construction accident attorneys have won many cases where our clients collected both comp or death benefits and third-party damages. Making for the full compensation they deserve.
However, third parties often have liability after an accident and can be pursued for damages.
Some of these third parties may include:
All of these third parties can be responsible for providing a safe and standards-compliant construction site. In a construction-related accident, we will review all of these and other associated parties to determine if a third party might be liable for your damages. Our personal injury lawyers have won cases for Texas families for over three decades. If someone else contributed to the accident, you must establish that the third party owed you a duty of care, violated that duty by acting negligently, and suffered injuries and damages due to the negligence.
So if a piece of equipment is defective and causes your injuries, you may be able to pursue compensation from the manufacturer in a product liability case. We have handled numerous multi-million dollar cases for construction accident victims and their families. Our construction accident attorneys have won cases against subs, general contractors, equipment manufacturers, and property owners.
Our lawyers have never lost a construction accident case.
At Baumgartner Law Firm, our personal injury attorney in Houston, TX, helps clients throughout Texas get the compensation they deserve. We have recovered millions of dollars and represented thousands of accident victims.
Since 1985, our legal team has limited the practice to serious injury and wrongful death cases and produced exceptional results in the following areas:
Our founding attorney, Greg Baumgartner, has over 38 years of experience in personal injury trial law. He has been peer-reviewed preeminent for decades.
Yes, if a third party was responsible for the accident, you can file a workers’ compensation claim and a personal injury case. Workers’ compensation covers medical expenses and lost wages. The workers’ compensation insurance carrier will seek to be repaid from the third-party case.
At Baumgartner Law Firm, we handle cases on a contingency fee basis. This means you don’t pay any costs or fees upfront for legal help. We only get paid if we win your case and you receive money.
Our attorney’s fees are a percentage of the total compensation recovered for you. The more money we get you get, the more money we make. Our construction accident attorneys’ fees start at 1/3 of the money recovered.
Following up with medical care after an accident on a construction site is vital to your personal injury or workers’ compensation claim. You should seek medical help promptly and call 911 when necessary. Getting prompt medical care is vital to proving your claim and getting the help you need to diagnose and recover from your injuries. Calling 911 or going to a local emergency room is recommended when necessary. Following your doctor’s orders for follow-up care is also essential to a personal injury claim.
Always report an on-the-job accident to your employer. If your employer has workers’ compensation, make sure you make a correct claim promptly. If a third party caused the accident or you feel another company is responsible, contact the most experienced construction accident lawyer near you.
If your injuries are significant, and a third party or another company may be partly at fault for the accident, getting an experienced attorney for construction accidents should be on your shortlist. Let Baumgartner Law Firm protect your rights and fight to maximize your compensation while you recover from your injuries.
Contact the construction site injury lawyers at Baumgartner Law Firm in Houston for a FREE consultation on injury construction site accidents. Call us now for a FREE CONSULTATION!
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111
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