Dallas, TX Construction Injury Attorney

Common Construction Site Hazards That Cause Serious Injuries in Dallas

Construction sites are dynamic environments where conditions change daily. Heavy machinery, electrical wiring, and uneven surfaces create constant threats to safety. 

General contractors and site managers are responsible for implementing safety protocols that reduce these hazards. When those safeguards are overlooked or inconsistently applied, the likelihood of serious accidents increases.

We handle cases involving a wide range of job site incidents. We analyze the specific circumstances of your accident to determine exactly what went wrong.

Here are several frequent types of accidents we see in the Dallas area:

• Falls from Heights: Workers on scaffolding, ladders, or roofs face the risk of falling if safety harnesses or guardrails are missing or defective.
• Struck-By Object Incidents: Tools, debris, or materials dropped from upper levels may cause traumatic brain injuries or spinal damage to workers below.
• Trench Collapses: Excavation work requires proper shoring to prevent soil from shifting and burying workers in deep trenches.
• Electrocution: Contact with exposed wiring or overhead power lines serves as a leading cause of fatalities and severe burns on job sites.

Understanding exactly how the workplace injury occurred allows us to identify the underlying safety failure—for example, a trench collapse may indicate inadequate engineering controls, while a fall may reflect missing or defective fall-protection equipment.

Texas Workers Compensation and Non-Subscriber Construction Injury Claims

Texas operates under a unique system regarding injured workers. Unlike most other states, Texas does not require private employers to carry workers’ compensation insurance. 

Employers who carry workers’ compensation coverage are generally protected from most personal injury lawsuits by injured employees, and your recovery is usually limited to workers’ compensation benefits, which typically include medical care and a portion of your lost wages, regardless of who was at fault.

However, many construction companies in Texas choose to be non-subscribers. This means they opt out of the state workers’ compensation system. 

If your employer is a non-subscriber, you may have the right to file a negligence lawsuit against them, and you must prove that the employer’s failure to provide a reasonably safe workplace caused your injury. Non-subscriber claims let injured workers seek a wider range of damages, such as pain and suffering, that are not available through regular workers’ compensation. 

Texas law also limits the defenses non-subscriber employers can use. They cannot argue that you accepted the risk of getting hurt or blame your entire injury on a coworker’s actions.

Third-Party Liability Options After a Dallas Construction Accident

Even if your employer carries workers’ compensation insurance, you may still have grounds for a personal injury lawsuit. Construction sites typically involve multiple companies working side-by-side. If a party other than your direct employer causes your injury, you may file a third-party liability claim.

We investigate the complex relationships on the job site to identify all potentially responsible entities. These third parties often bear liability in complex construction accidents:

• General Contractors: These entities oversee the entire project and are responsible for enforcing overall safety protocols for all workers on site.
• Subcontractors: Trade-specific crews like electricians or plumbers may create hazards that injure workers from other teams.
• Equipment Manufacturers: If a tool or machine fails due to a design defect, the company that built it may be liable for the resulting harm.
• Property Owners: Landowners must warn contractors of known hazards on the property that might not be obvious to the construction crew.

Pursuing these claims allows you to seek damages not covered by workers’ compensation. We review contracts and project logs to determine who had control over the hazard that caused your injury.

OSHA Safety Violations That Strengthen Construction Injury Claims

The Occupational Safety and Health Administration (OSHA) sets federal standards for workplace safety. These regulations govern everything from fall protection to hazardous material handling. A violation of these standards often indicates that a contractor or employer failed to exercise reasonable care.

We use OSHA regulations as a benchmark for safety in our investigations. If an investigation reveals that a company ignored safety rules to speed up a project, that evidence strengthens your claim for negligence.

Specific violations frequently appear in serious construction accident cases.

• Lack of Fall Protection: OSHA requires specific safety measures for workers operating at heights of six feet or more above lower levels.
• Scaffolding Violations: Improperly planked or unstable scaffolding creates a significant hazard for anyone working on or near the structure.
• Hazard Communication Failures: Employers must inform workers about dangerous chemicals and provide appropriate protective gear to prevent exposure.
• Machine Guarding Issues: Removing safety guards from saws or heavy equipment exposes workers to the risk of amputation or severe lacerations.

Proof of these violations establishes a pattern of disregard for worker safety. We use these citations and regulatory failures to demonstrate that the company prioritized profit over human life.

Investigating Your Construction Injury Claim

Building a strong case takes careful investigation. We don’t rely only on the reports the construction company provides. 

Their reports often leave out important details to protect themselves from blame. That’s why we run our own independent investigation to find out what really happened.

We request surveillance footage from the site or nearby businesses. We analyze maintenance records for heavy machinery like cranes and forklifts. We also interview witnesses away from the job site where they may feel more comfortable speaking freely.

In complex cases, we consult with industry experts. Civil engineers and safety specialists help us explain how the accident occurred. 

They review the site plans and safety logs to identify deviations from industry standards. This expert testimony often proves vital when negotiating with aggressive defense attorneys.

Texas Statute of Limitations for Construction Accident Lawsuits

You have a limited window to pursue legal action. Texas law sets a firm deadline for filing personal injury lawsuits.

According to the Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date of the accident to file a suit. Missing this deadline may result in the court dismissing your case.

Exceptions are rare and difficult to prove. Waiting to file limits our ability to gather fresh evidence. 

Witnesses move to other jobs and physical evidence at the construction site disappears as the project progresses. Engaging a Dallas construction injury attorney early ensures that we meet all procedural deadlines. We monitor the calendar and handle the filing requirements so your claim remains valid.

Compensation Available in a Dallas Construction Injury Claim

Construction injuries often result in life-changing consequences. A broken bone might heal, but a spinal cord injury or traumatic brain injury may require lifetime care. We assess the full impact of the accident on your life to determine the appropriate value for your claim.

Compensation in personal injury cases falls into two main categories: economic and non-economic damages. Economic damages cover direct financial losses while non-economic damages compensate for the human cost of the injury.

Here are the primary types of damages we pursue for our clients:

• Medical Expenses: This includes costs for emergency transport, hospital stays, surgeries, medication, and ongoing physical therapy.
• Lost Wages: You may recover the income lost while you were unable to work during your recovery period.
• Pain and Suffering: This addresses the physical pain and emotional distress caused by the accident and the recovery process.
• Physical Impairment: We seek funds for any permanent disability or disfigurement that alters your quality of life.

Calculating these damages requires precision. We review your financial records and medical prognosis to ensure the demand covers your needs today and in the future.

Heavy Equipment Accidents and Machinery-Related Injuries

Heavy machinery is central to construction work but also a major source of danger. Cranes, bulldozers, forklifts, and excavators require trained operators and consistent maintenance. 

When equipment is misused or poorly serviced, the consequences are often severe. We review operator training records to confirm qualifications and examine maintenance logs for missed repairs. 

If a rental company failed to service brakes, hydraulics, or other key systems, it may be responsible. If a machine fails because of a design or manufacturing flaw, we pursue product liability claims that require close technical analysis.

Trenching and Excavation Accident Risks on Dallas Job Sites

Trenching is among the most hazardous tasks on a job site. A collapse can occur suddenly and leave workers with little chance to react. Federal and state rules require proper shoring, sloping, and daily inspections for trenches deeper than five feet.

We investigate whether the site manager performed the required soil testing and whether a competent person inspected the trench each day. Many companies skip these steps to save time and money. In collapse cases, we look for evidence of missing or improperly installed protective systems and whether a safe way out was provided.

Legal Protections for Undocumented Construction Workers in Texas

Texas workers’ compensation and injury laws do not exclude workers based on immigration status. You have the right to a safe workplace and the right to pursue compensation when negligence causes an injury.

Defense attorneys may try to use immigration status to discourage injured workers. We stand between you and these tactics and keep the focus on the employer’s conduct and the facts of the incident. 

Our firm stands with the diverse communities of Dallas and offers respectful, steadfast representation. Do not let fear stop you from asserting your rights.