Construction Accidents
The construction industry has an extremely high number of serious and fatal accidents. Sadly, many plumbers, carpenters, electricians, HVAC experts, laborers and other tradesmen are accidentally killed or injured by the wrongful or negligent action of other workers or large construction companies every year. Fortunately, in many circumstances Texas law provides the injured worker or their surviving spouse and heirs to be entitled to compensation for the injury or death. These construction accident claims can be workers compensation claims, non-subscriber claims, or third party claims.
Since the creation of OSHA (Occupational Safety and Health Administration) in 1970, the number of work place deaths and serious injuries have decreased. However, under the guise of limiting red tape and regulations, OSHA no longer protects workers as efficiently or ensures that work places are safe as they have under past administrations.
In Texas, some work related deaths fall under Texas workers compensation laws. In such instances, workers comp benefits are given to the dependants of the decedent and then the family of the decedent is prevented from filing a law suit against the employer.
If the employer does not have worker compensation insurance, the family of the worker can file suit directly against the employer for an accidental death of a loved one. These claims are called non-subscriber claims.
When a construction site accident occurs responsibility for the injury or death can be attributed to a variety of individuals or businesses, including the owners, contractors and subcontractors, engineers, electricians, scaffolding companies, architects, insurance companies and equipment manufacturers. For example, the general contractor and subcontractors must provide a reasonably safe work environment and manufacturers of construction equipment are responsible designing and maintaining safe products.
In addition to negligence and workers' compensation, a construction accident lawyer must also consider the legal principles of agency and corporate law. Knowledge of federal and state regulations governing construction sites is imperative when developing theories against all of the third parties who may be responsible for a construction site accident. Brent M. Cordell is experienced in the inspection of work sites, preservation of evidence and identification and questioning of critical witnesses. Contact us today to learn more about what we can do for you.