Construction Accidents in McAllen

construction worker with broken leg being assisted by co-workerConstruction sites are dangerous places and accidents involving construction workers in McAllen are common. Exposures to environmental hazards, heavy machinery, and harmful substances are risks that construction workers face every day on the job.

Our McAllen construction site accident lawyers at Herrman & Herrman understand the devastating effect being injured on the job can have on your life. Your injuries might be so severe that you’re unable to return to work for a significant period of time. If you can’t work, you can’t pay your mounting medical and other bills.

If you’re looking for experienced construction accident lawyers in McAllen, Texas, look no further than Herrman & Herrman, P.L.L.C. The attorneys at Herrman & Herrman have over 100 years of combined legal experience helping injured workers seek full compensation for their injuries.

With an experienced construction accident attorney on your side, you have a much better chance of securing full compensation for your injuries. We have represented a number of injured construction workers over the years and have experience handling both personal injury lawsuits and workers’ compensation claims involving construction site accidents. We will work to protect your rights to fair compensation if you’ve been hurt.

Contact our McAllen construction accident attorneys at 956-630-9797 or contact us online to get started on your road to recovery.

Construction Accident Statistics

The average construction worker has a 75% chance of sustaining a disabling injury according to data from the Census of Fatal Occupational Injuries. Additionally, studies have shown that a construction worker entering the field at 20 years old and living to be 85 has a 15% chance of being diagnosed with chronic obstructive pulmonary disease (COPD).

These statistics are no surprise since jobs in this industry are physically demanding, and individuals are expected, among other things, to work around heavy machinery. Even if you take proper precautions as a construction worker, the construction site may pose safety hazards. Electrical wires, unstable flooring, and loose scaffolding are just some of the potentially deadly obstacles.

Employers are supposed to maintain safe worksites and warn of foreseeable hazards. But more construction workers die on the job in Texas than in any other state. Given the number of construction projects in Texas, the Occupational Safety and Health Administration (OSHA) lacks the resources to monitor the industry and its equipment.

This is why our construction accident lawyers in McAllen, Texas, offer an important service to injured construction workers and other workplace accident victims. When a worker is injured on the job, the worker deserves the full compensation and benefits available by law. Our accident attorneys can determine whether your employer has workers’ compensation insurance that covers your construction site accident. The state of Texas does not require employers to maintain workers’ compensation.

Common Construction Accidents

Construction workers in McAllen put their lives on the line every day to get the job done. They are exposed to heavy equipment, hazardous materials and constantly changing work sites.

Some of the most common types of construction accidents include:

  • Crane accidents
  • Slip and fall accidents
  • Fires and explosions
  • Electrocutions
  • Heavy machinery accidents
  • Repetitive stress injuries
  • Falls from heights
  • Trench collapses
  • Asphyxiation
  • Crush injuries
  • Exposure to toxic fumes
  • Loose materials

Our construction accident attorneys know how easy it is to sustain an injury on the job. Using equipment like forklifts and cranes provides efficiency but can also create potentially deadly situations.

Common Injuries Sustained in Accidents in Construction Sites

There’s no shortage of hazards on a construction site. Workers have to perform intense physical labor every day that can lead to repetitive motion injuries, such as muscle and soft tissue damage.

Falling from a building, being electrocuted by energized power lines, and being struck by falling debris are some of the countless causes of injuries that construction workers face. Wearing protective gear and being aware of your surroundings at all times are not always enough to protect you from worksite hazards. If your employer fails to take employees’ safety seriously, devastating injuries or even death can occur.

Some of the most common injuries a construction worker can sustain include:

  • Electrocution
  • Burns
  • Vision impairment or blindness
  • Broken bones
  • Paralysis
  • Disease from exposure to toxic chemicals
  • Brain injury
  • Amputation

Any type of injury you suffer that requires medical attention can be subject to compensation from your employer and/or whoever else is deemed legally responsible at the worksite. The construction injury lawyer you hire from our firm will immediately conduct an investigation, determine the responsible parties, and pursue a claim for workers’ compensation or personal injury damages.

Texas employers are not required to carry workers’ compensation insurance for employees injured on the job. When you hire us, we’ll verify if your employer has a workers compensation policy that can pay for your medical bills, lost wages, and other injury-related costs. And then we’ll file a claim on your behalf. We can pursue an appeal if your employer or the insurance administrator has denied your workers’ compensation claim.

If there is no workers’ compensation coverage available, you have the option of pursuing a personal injury claim, including taking your employer or another at-fault party or parties to court. Our McAllen work injury attorneys can review the details of your construction accident and explain your legal options at no charge.

Types of Damages You Can Receive for Your Injurieshurt construction worker laying on the floor and being assisted by a coworker

At the beginning of any construction accident case, we will identify the parties that are financially liable and determine the type of action we need to take. We’ll investigate the accident and request a copy of the employer’s workers’ compensation insurance policy so we can file a claim for the full coverage available.

State-regulated workers’ compensation benefits include:

  • Medical treatment for an injury sustained on the job
  • Temporary income benefits if you are unable to work
  • Supplemental income benefits if your initial benefits run out and you still cannot work
  • Lifetime income benefits if you are permanently disabled
  • Travel expenses for getting to and from your medical treatments
  • Death benefits that the surviving eligible family members can receive as a result of the employee’s death

If your employer doesn’t have workers’ compensation coverage, we may move forward with a negligence claim by negotiating on your behalf with the employer, other potentially liable parties, and the insurance companies involved.

The damages you can seek compensation for include:

  • Hospital or urgent care
  • Physical therapy
  • Home health care
  • Surgery
  • Prescription and medical devices
  • Lost wages
  • Long-term disability
  • Pain and suffering

The McAllen construction accident lawyers understand the procedures that construction companies need to take to protect workers. We will prepare a workers’ compensation or personal injury claim and keep track of the important filing deadlines.

How Do I Know if I Can File a Construction Site Accident Lawsuit?

Workers’ compensation claims and appeals are handled in a state agency called the Texas Division of Workers’ Compensation. Workers’ comp, when insurance is in place, is considered an exclusive remedy for an injured McAllen construction worker.

An employer that does not provide workers’ compensation, however, can still be held legally liable and compelled to compensate an employee whose injury is the result of the company’s violation of workplace safety rules. Others at a job site – contractors, vendors, individual employees or other third parties – may be liable if their negligence caused you harm.

The most important factor in determining whether you can file a lawsuit in the absence of workers’ comp is determining if negligence existed. Negligence is generally when an act or a failure to act results in an injury to another person. For example, was a property owner aware of dangerous conditions on a construction site that was not posted with warnings?

If we can prove your employer or someone else on the job caused your accident on the construction site as a result of disregard for safety, we will be able to move forward with your case.

A Herrman & Herrman construction injury attorney will guide you through the claims process. We’ll obtain all the evidence, including witness statements, police and accident reports, medical records, photos, and video surveillance. We can use all of this material to show that your injuries were a direct result of someone else’s negligence.

Remember that strict filing deadlines apply to both workers’ comp and personal injury claims, so contact our office as soon as possible after the construction accident.

Schedule Your Free Consultation with Herrman & Herrman in McAllen

At Herrman & Herrman, we believe in keeping our clients informed as their case progresses and being accessible when clients have questions. If we think your case isn’t strong enough to justify the type of settlement you want, we will be candid with you.

Call one of our construction accident lawyers in McAllen, Texas, today. We offer a free and confidential consultation, so there’s no risk or obligation to speak with us about your construction site accident.

We will review the details of your accident to confirm if you have a case and answer your questions. Our team has the negotiation and litigation skills to seek a favorable outcome in a construction accident case. Our staff speaks both English and Spanish so we can discuss your legal questions in the language you prefer to discuss legal matters.

We’re proud of the reputation that Herrman & Herrman has earned as a member of our McAllen community. We firmly believe in the importance of giving back, and our firm participates in many local charitable events and programs, such as the Innovation Scholarship and ARMA International. In addition to McAllen, the law firm has offices in Brownsville, Corpus Christi, and San Antonio.

If you were hurt in a construction accident, call our McAllen construction accident attorneys at 956-630-9797 to speak with a member of our team today.

HERRMAN & HERRMAN IS MCALLEN’S WORKPLACE ACCIDENT ATTORNEY

THREE MOST COMMON CAUSES OF WORK ACCIDENTS

A 2018 report from the Texas Department of Insurance’s Division of Workers’ Compensation says there were 183,396 total recordable nonfatal injuries and illnesses at private employers in Texas in 2017.

Most injuries in the goods-producing sector occurred in manufacturing, construction and mining and natural resources (including oil production). Trades, transportation, and utility work had the highest incidence of workplace injury and illness among service jobs in Texas.

Workers in McAllen and elsewhere in Texas get hurt and badly injured in numerous ways while on the job. Three types of workplace accidents occur more often than others and injure more workers:

3 COMMON WORKPLACE INJURIES IN MCALLEN

Falls

Falls

Workers are injured when they slip, trip and/or stumble and fall, sometimes falling from raised surfaces such as scaffolds, platforms, and roofs. Falls from ladders, step-stools and similar aids are also very common. If a walking surface is made slippery by water, oil or loose rugs or floor tiles, a worker may slip and fall. Poor lighting or an obstructed view, clutter, uncovered cables or uneven walking surfaces can cause trip and fall accidents. By some counts, slips, trips, and falls account for a third of all personal injuries in the workplace.

Motor Vehicle Accidents

Motor Vehicle Accidents

There are numerous types of motor vehicles in the work environment, ranging from passenger cars to commercial trucks and heavy equipment, to forklifts, scissor lifts and boom lifts, and various types of scooters and golf carts. People are injured in accidents that occur while driving motor vehicles as part of their job and when they are hit by motor vehicles, such as in a highway work zone or on a busy construction site. Worksite vehicles can also hit objects and cause them to fall onto workers.

Overexertion

Overexertion

An overexertion injury may occur in a single incident or be cumulative, coming after years of the same strenuous activity day after day. Jobs that require lifting, carrying, pulling, pushing and/or throwing objects lead to numerous stress and strain injuries. The repeated exertion experienced in jobs that require bending, kneeling, reaching, stretching, twisting or climbing on a regular basis can cause injury due to wear and tear. Carpal tunnel syndrome, an injury caused by repetitive stress to the hands and wrists, may be caused by typing, data entry or working on an assembly line. It is a form of overexertion injury.

TALKING WITH YOUR EMPLOYER ABOUT YOUR INJURY

To ensure that any claim you file is valid, it is crucial to report the workplace accident to your employer and seek medical treatment. You should do so within 30 days of suffering an injury on the job or being diagnosed with an occupational illness. Even if you know your employer is aware of what happened to you, you should report the accident in writing to document what happened to you, where you were injured and when, as well as your specific medical diagnosis.

You also need to be sure to tell your doctor your injury is work–related, so your physician knows to report it as required.


THE FIRST STEP TO FILE A WORKER’S COMPENSATION CLAIM

To file a workers’ compensation claim in Texas, you must report your injury or illness to the Texas Division of Workers’ Compensation within one year. This requires filing DWC Form 41, Employee’s Claim for Compensation for a Work-Related Injury or Occupational Illness.

In most cases, you will hear from your employer or your company’s human resources (personnel) department about what benefits you are eligible to receive, including workers’ compensation benefits. In other cases, you may be left on your own to figure out what insurance you do or don’t have and whether you can expect assistance.


THE MOST COMMON REASON FOR DENIAL

Failing to meet the deadlines of the Texas workers’ compensation program can cause a claim to be denied.

Speak to your employer or HR department as soon as possible after a workplace injury. If they do not promptly provide confirmation that your medical bills will be paid, contact an experienced McAllen workplace injury attorney.


WHEN SHOULD YOU CALL A WORKPLACE ATTORNEY IN MCALLEN?

Knowing when to contact your McAllen Accident Attorney is very important, and we’ll explain why it is important to contact them and when to contact them.

If at any point your employer is not cooperating with you to ensure you are provided assistance with medical bills and other costs associated with an injury or an illness suffered on the job, you should speak with an attorney.

Texas does not require employers to obtain workers’ compensation insurance for employees, but employers in Texas still have responsibilities for employee safety.


IS A WORKER’S COMPENSATION CLAIM CONSIDERED NO-FAULT IN TEXAS?

Workers’ compensation is no-fault insurance, which means it should pay benefits regardless of how an accident occurred in almost all cases. But an employer who does not provide workers’ compensation can still be held legally liable and compelled to compensate an employee whose injury is the result of the company’s violation of workplace safety rules. Others at a job site – contractors, vendors, individual employees or other “third parties” – may be liable if their negligence led to your injury.

HERRMAN & HERRMAN INVESTIGATES THE LOCATION OF YOUR INJURIES

Herrman & Herrman attorneys in McAllen can investigate your accident and help you determine your best options, whether that involves filing a workers’ compensation claim or pursuing a personal injury claim on your behalf. We will negotiate aggressively with insurers representing at-fault parties for a settlement that makes you whole financially.

CONTACT OUR MCALLEN WORKPLACE ACCIDENT ATTORNEYS TODAY

Contact us now to schedule a free, no-obligation appointment to discuss your potential workplace injury claim with an experienced McAllen work accident lawyer.


DIRECTIONS TO MCALLEN’S WORKPLACE INJURY LAWYERS

Herrman & Herrman has four office locations in south Texas, including McAllen, Corpus Christi, Brownsville, and San Antonio.