Construction Austin Accident Lawyers

construction accident lawyers in Austin Texas

On this Page:

  • Austin DWI Accident Hits Construction Site
  • What is a Construction Accident Injury?
  • After an Austin Accident Happens
  • What is the “Fatal Four”?

MoPac wrong-way driver charged with DWI, Strikes Construction Site

MoPac construction workers faced a dangerous situation when a drunk wrong-way driver crashed into the construction site early Thursday Dec. 15. Authorities say the driver was traveling northbound in the southbound lanes around 2:40 a.m. when he crashed into a heavy piece of construction equipment known as an excavator. The crash took place near Westover Road. The intoxicated driver was transported to a nearby hospital. Police charged the driver with a DWI.

Work zone accidents are a common occurrence in Texas. One leading cause of workplace injuries occurs due to motor vehicle crashes. According to the Texas Department of Transportation, in 2014 19,393 accidents occurred in work zones. In the same year 146 people were killed. In 2015 the number of construction fatalities dropped to 138.

TXDoT asks all drivers to slow down in work zones in order to prevent accidents. Take extra caution when it’s dark outside or or workers are close to the road.

In 2013 a Texas law passed that requires drivers to move over or slow down when approaching work crews or emergency vehicles on the road or shoulder.

What is a Construction Accident Injury?

The Austin, Texas area is growing, and construction jobs are in high demand. The construction industry creates employment for thousands of people. Most construction jobs offer a good standard of living for skilled electricians; ironworkers; bricklayers; carpenters and plumbers. These jobs are also physically challenging and demanding; injuries on the job are very common. The work is difficult and inherently dangerous, made harder by adverse weather conditions, workers with various skill levels and defective equipment.
If you have been injured on the job, you need an experienced attorney who can stand up for your rights and make sure you and your family get fair compensation for your injury. Many construction workers are unable to return to the same skilled work after an accident. You will need money for medical bills, lost wages and retraining. You will not get all you are entitled to without the assistance of a competent advocate by your side.

What you can do before an accident

Workers’ Compensation Insurance in not mandatory in Texas (TXCOMP), so before an accident happens find out what insurance, if any, the employer has. By law, they are supposed to inform you when they hire you for a job but that isn’t always the case, and construction sites are a bit different then other workplaces. If they do not have TXCOMP, they must apply with the state to be “self Insured.”
If your employer does carry Workers’ Compensation then at least medical bills will be paid. There are four types of Workers’ Compensation benefits: Income, Medical, Burial and Death. However, Workers’ Compensation is not the best resource for other expenses and needs an injured worker might have. Nor is it the best coverage in cases of serious injury, such as the loss of a limb or death. One thing Workers’ Compensation does do; it protects the employer from any lawsuit that may come out of a workplace injury.

After an Austin Accident Happens

If a workplace accident happens after seeking medical attention, the injured worker, or next of kin, if the accident was fatal, needs to retain the services of an experienced attorney. Construction law and Workers’ Compensation is tightly woven together and without aggressive, knowledgeable assistance you will be at a real disadvantage.
Additionally, an attorney will look beyond the Workers’ Compensation insurance system to find Third Party liability. This must be done quickly, as construction site employers and employees finish their part of the project, and they are gone. Third Parties are not covered under Workers’ Compensation, so there is a possibility to claim damages from them. There are also product liability issues that need to be explored. Product liability would involve ladders or scaffolding that break or equipment failure.
There are many opportunities to consider Third Party liability such as:

  • Landowner: Most landowners or site owners carry liability insurance and can be liable for accidents that occur on their land by workers or “invitees.”
  • Engineer: They can be potentially liable if they aren’t checking the work site to make sure the specifications of the plans are being adhered to.
  • Contractor: They have the responsibility of making sure that all the work being done on the job site is safe. This responsibility encompasses the sub-contractors they hire and anyone they see fit to work on the job.
  • Sub-Contractor: Sub-contracting is a major part of most construction projects, but it is also cover for not following safety requirements under OSHA, proper training for unskilled workers and equipment repairs.
  • Manufacturer of tools or equipment: Some equipment may not be properly maintained and when it fails, it could be liable for the injury.

“Fatal Four”

According to the US Department of Labor, nationally the most common causes of death in construction, called the “Fatal Four,” are falls, electrocutions, being struck by an object, and being caught in or between something. OSHA estimates that these four hazards cause nearly 60% of construction worker fatalities. Falls alone accounted for 35% for construction death in 2011.
Other injuries can come from burns (fire and chemical) such as falling objects, trench collapses, and being hit or run over by construction equipment or personal car. Larger job sites mean more workers and more possibilities for something to go wrong.
Some construction injuries do not happen quickly, like a fall; rather they accumulate through the years of exposure to occupational chemicals and toxins. These materials can cause mesothelioma, silicosis, asbestosis, COPD (chronic obstructive pulmonary disease) and even lung cancer. Skin cancers are also very prevalent in construction workers who have been over exposed to UV rays throughout their careers.
Many construction workers never even report their injuries to their boss or job foreman because they fear retaliation of either being cut from the job or not being hired on the next work crew. Construction workers are supposed to be tough and gut it out. It is a hard job to do, and it takes hard-hitting workers to get it done. Even small accidents can have long-term, debilitating effects. Most construction workers have ailments later in life from the abuse on their bodies, exposure to chemicals and injuries that never healed properly.

Retaining a Law Firm to Obtain Needed Compensation

At McMinn Law Firm, we help people get the funds they need to deal with lost income, medical bills, and other costs of a serious construction site injury. We act quickly, investigating the accident and determining liability and the cost of your injuries, so that you can get the compensation when you need it. If you have been injured in a construction site accident, contact McMinn Law Firm to learn about your rights and your options.
Our firm handles accident cases arising from faulty scaffolding, defective electrical wiring, and lack of warning signs. Our lawyers have helped people injured by falling pipes and heavy equipment accidents. If you have been injured, you need a construction accident lawyer with the responsiveness, commitment, and resources to build a strong case for you.
At McMinn Law Firm, LLP, we offer a no charge initial consultation to discuss your case. We take every personal injury case on contingency fee basis, that means we only get paid if you agree to a settlement or when a jury decides in your favor. You are welcome to come to our office, or we will meet with you in the privacy of your home or the hospital.

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