Construction sites in Austin are inherently hazardous environments, where workers face numerous risks daily. From the operation of heavy machinery to working at heights and navigating complex structures, the potential for accidents is ever-present. These accidents can result in serious injuries, disabilities, and even tragic loss of life for construction workers in Austin.
When the profit motive, cost-cutting tactics, or sheer negligence of the construction companies, general contractors, subcontractors, property owners, equipment manufacturers and other parties jeopardizes worker safety and causes accidents, it is important to hold them liable for damages. At Miller Weisbrod Olesky, our Austin construction accident lawyers will stand firm and fight for your rights, if you were injured in a construction site accident, or someone you love lost their life.
Our Construction Accident Attorneys have the skills, experience, and resources to take on large insurance carriers and powerful construction companies. Apart from a compelling, evidence-backed claim that we will put together, our demonstrable record of multi-million dollar verdicts and settlements gives us additional negotiating leverage with the defendants to recover the largest possible compensation for your injuries and losses.
Construction Accident Verdict:
A general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Construction Accident Attorney, Clay Miller tried the case in North Texas, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.
This is my first time needing a law firm and I can’t think of anyone better, they were extremely courteous, and determined to get me exactly what I am owed. I can’t thank them enough for what they have done for me they really do care when it comes to their clients!
Ryan
Miller Weisbrod Olesky Client
Types of Dangerous Construction Equipment and Tools That Cause Serious Injuries to Workers
Construction sites in Austin are filled with various types of equipment and tools necessary for the job, but some of these can pose significant risks to workers if not used properly or if safety measures are overlooked. Our Austin construction accident lawyers will investigate whether defective construction equipment and tools, poor equipment maintenance, incorrect labeling, or inadequate training and supervision contributed to your construction site accident and injuries.
Here are some types of dangerous construction equipment and tools that can cause serious injuries to workers:
Scaffolding: Scaffolding is commonly used for working at heights during construction. Falls resulting from defective or damaged scaffolding can result in severe injuries, including broken bones, spinal injuries, and traumatic brain injuries.
Scaffolding Accident:
Our client was working for a town in Texas, when the General Contractor and Masonry Subcontractor required him to use a corroding and unsafe scaffold to complete a job. The weakened scaffold was unable to support our client; causing him to lose balance and fall 15 feet to the ground leaving him a paraplegic. Miller Weisbrod Olesky's Construction Accident Lawyers got our lient $5,000,000.
Cranes and Hoists: Cranes and hoists are used to lift heavy materials and equipment. Accidents caused by old cranes and hoists that are in a state of disrepair can lead to crush injuries, amputations, and fatalities.
When a piece of worn-out rigging equipment was ignored for weeks, a load was dropped unexpectantly on construction workers below. One of the workers was killed by the impact. The employer provided workers compensation, so the wrongful death case was limited to gross negligence claims by the worker’s children. After hiring crane and safety experts, conducting depositions of the employer’s crane operator and supervisors, we were able to secure a punitive damage settlement of $1,575,000 while still preserving workers’ compensation weekly checks for the children worth hundreds of thousands of dollars.
Excavators and Backhoes: Excavators and backhoes are powerful machines used for digging and earth-moving. Construction accidents involving these machines can result in crush injuries and collisions.
Lifting Equipment and Cranes: Lifting equipment and cranes are used to move heavy loads. Accidents due to a defect or breakdown in these machines can cause crushing injuries and fatalities.
Trenching and Excavation Equipment: Trenching and excavation equipment faults or mishandling can lead to cave-ins and buried workers, causing suffocation and crush injuries.
Welding Equipment: Welding equipment emits intense heat and sparks, posing burn hazards and potential eye injuries to workers.
Nail Guns: Nail guns are used for rapid nailing tasks. Accidents with nail guns can cause puncture wounds and severe injuries to hands and fingers.
Power Drills: Power drills can cause hand and finger injuries if there is a mechanical defect or the device is not used with proper safety precautions.
Concrete Pumps and Mixer trucks: Concrete pumps are used to pump concrete to far sides of a job site. If proper care is not taken, they might collapse, touch high power electricity lines or cause a dangerous hose whip. These accidents can cause horrible fractures, traumatic brain injuries and or even a wrongful death.
Construction Accident:
Our client was severely injured when a Concrete Pump Truck tipped over crushing his foot. The concrete pump truck overturned because the operator failed to place the vehicle support booms on a secure surface.
Construction companies and contractors in Austin must prioritize safety training and enforce strict safety protocols when using dangerous equipment and tools. Construction workers should be adequately trained in the proper use of these tools and provided with appropriate personal protective equipment (PPE) to reduce the risk of injuries. Regular equipment maintenance and inspections are also critical to ensure that machinery is in safe working condition.
At Miller Weisbrod Olesky, our proven and diligent construction accident lawyers in Austin know how cost-cutting and negligence in the acquisition, maintenance, training, and supervision related to construction equipment and tools can lead to serious construction worker injuries and fatalities.
If you were injured on an Austin construction site or someone you love lost their life due to wrongful death in a construction accident, it is time to hold the negligent parties liable. With Miller Weisbrod Olesky by your side, you will have the certainty of a dedicated team fighting for the largest possible financial compensation you deserve for your injuries and losses.
Types of Negligence that cause Construction Accidents in Austin
Construction sites in Austin present significant risks of accidents and injuries due to the dynamic and hazardous nature of construction activities. Construction companies and general contractors have a responsibility to implement safety measures to protect workers, pedestrians, and motorists from harm. With that said, negligence on the part of construction companies can lead to dangerous conditions and increase the likelihood of accidents.
Here are common types of negligence by construction companies in these zones, which our Austin construction accident attorneys will identify and prove in order to claim maximum damages on your behalf:
Lack of Fall Protection Equipment & Failure to Train on Fall Protection Equipment
Fall protection equipment at construction sites should include harnesses, lanyards, lifelines, and anchor points that collectively secure workers when working at heights. Lack of proper equipment and proper training to construction workers to use fall protection devices constitutes negligence that may lead to severe fall-related injuries and deaths.
As per OSHA statistics, there were 351 instances of fatal falls from an elevated level out of a total of 1,008 fatalities in the construction sector during 2020, as reported by BLS data. According to OSHA, these tragic fatalities could have been prevented. The OSHA standard for "Lack of Fall Protection Equipment" or "Failure to Train on Fall Protection Equipment" falls under the regulation 29 CFR 1926.501 for the Construction Industry.
Lack of Guardrails
Guardrails are physical barriers that act as protective barriers along edges, open sides, and other potentially hazardous areas in construction sites. Lack of proper guardrails leaves workers exposed to the risk of unintentional falls from elevated surfaces, leading to injuries that can be life-threatening.
Guardrails in construction are governed by OSHA's regulations under the standard 29 CFR 1926.502 for Fall Protection Systems – Guardrail Systems. This standard provides guidelines for the height, strength, and spacing of guardrails, ensuring worker safety when working at elevated levels.
Lack of Hole Covers
Hole covers are equally important in preventing accidents on construction sites. Open holes and gaps, whether on floors, walkways, or elevated surfaces, pose serious tripping and falling hazards. Neglecting to cover these openings can result in severe injuries, especially when workers are not aware of their presence.
Hole covers in construction are regulated by OSHA's standard 29 CFR 1926.501 for Fall Protection Systems – Hole Covers. This standard specifies the materials, strength, and design criteria for hole covers, ensuring they effectively protect workers from hazards posed by uncovered openings.
Other Forms of Construction Site Negligence
Inadequate Signage and Warnings: Negligent construction companies may fail to provide sufficient signage and warnings to alert motorists and pedestrians of the presence of construction zones and potential hazards. This can lead to collisions, pedestrian accidents, and property damage.
Lack of Proper Traffic Control: Construction zones often require altered traffic patterns and detours. Negligent construction companies and contractors may not implement proper traffic control measures, leading to confusion, congestion, and accidents.
Poorly Maintained Work Zones: Neglecting proper maintenance of work zones can result in uneven road surfaces, debris, potholes, and other hazards, increasing the risk of accidents and injuries.
Insufficient Lighting: Construction work often occurs at night or in low-light conditions. If construction companies fail to provide adequate lighting, it can lead to reduced visibility and potential accidents.
Unsafe Work Practices: Construction companies may fail to enforce safety protocols, leading to unsafe work practices and an increased risk of accidents among construction workers in construction zones in Austin.
Insufficient Barricades and Barriers: Inadequate use of barricades and barriers in Austin construction zones can expose workers and the public to potential dangers from construction equipment, machinery, and falling objects.
Neglecting to Secure Equipment and Materials: Construction companies and contractors in Austin may fail to properly secure equipment and materials, leading to objects falling or being blown onto roadways, posing risks to passing vehicles and pedestrians.
Improper Training and Supervision: Negligent contractors, subcontractors and construction companies in Austin may not provide proper training to workers or fail to supervise construction activities adequately, resulting in accidents and injuries.
Failure to Comply with Safety Regulations: Construction companies and other operators in construction zones in Austin have a legal obligation to comply with safety regulations set by OSHA and other regulatory agencies. Negligence in adhering to these standards or a general contractor that ignores contractor safety violations can lead to accidents and injuries.
Ignoring Weather Conditions: Construction companies must take weather conditions into account when planning and executing construction projects. Failure to do so can lead to accidents in construction zones caused by inclement weather.
Ignoring Hazards and Risks: Some construction companies, contractors and subcontractors may overlook or ignore potential hazards and risks on the worksite in Austin, creating dangerous conditions for workers and the public.
The Risk of Non-Worker Injuries on Construction Sites
Construction sites pose not only significant risks to the workers employed there but also to non-workers, such as pedestrians, motorists, and nearby residents. In the experience of our construction accident attorneys in Austin, here are some key risks and factors contributing to non-worker injuries on construction sites:
Falling Objects: Construction sites often involve work at heights, such as building construction, demolition, or scaffolding. Falling objects, debris, or construction materials pose a significant risk to pedestrians and motorists passing near the site.
Traffic Hazards: Construction sites may disrupt regular traffic patterns, leading to congestion, detours, and altered road conditions. This can increase the risk of accidents for motorists navigating around the site.
Unsafe Walkways: Construction sites may obstruct sidewalks and pedestrian pathways, forcing pedestrians to walk closer to traffic or navigate through hazardous conditions.
Construction Vehicle Accidents: Construction vehicles, such as cranes, bulldozers, and dump trucks, frequently operate on and around construction sites. Collisions with these vehicles can result in severe injuries to pedestrians and nearby motorists.
Trench and Excavation Hazards: Unprotected trenches and excavations in Austin can collapse, causing catastrophic injuries to both workers and passersby.
Public Safety Negligence: In some cases, construction companies may fail to adequately cordon off construction areas or display appropriate warning signs, exposing non-workers to unnecessary dangers.
Can I File a Lawsuit Against My Employer for a Construction Accident Injury in Austin?
(If I Already Received Workers' Compensation Benefits?)
One of the tradeoffs for receiving workers' compensation benefits in Texas is that, in most cases, employees are not allowed to sue their employers for negligence. Stemming from this, there are some situations in which you might be able to file a lawsuit against your employer for a construction accident injury in Texas:
Non-Subscriber Employers: Some employers in Texas choose not to carry workers' compensation insurance and are referred to as "non-subscribers." If your employer is a non-subscriber, you might have the right to sue them directly for your injuries, provided you can establish that their negligence caused your injuries.
Third-Party Liability: If someone other than your employer or a coworker contributed to your injury, you might be able to file a lawsuit against that third party. For example, if a defective piece of equipment or a subcontractor's negligence caused your injury, you might be able to pursue a legal claim against them.
Intentional Harm: In some rare cases where an employer intentionally caused harm, you might have legal grounds to sue them for damages.
Gross Negligence Exception in Wrongful Death Cases to Sue an Employer in Texas
In Texas, the exclusive remedy provision of the workers' compensation system generally prevents employees or their families from suing employers for workplace injuries, including wrongful death, if the employer provides workers' compensation insurance. Besides, there’s an exception known as the "gross negligence exception" that allows a lawsuit against an employer in cases of gross negligence that result in a wrongful death.
The gross negligence exception is established in Texas Labor Code 408.001(b). Under this exception, if an employer's actions can be proven as grossly negligent, it might be possible for the eligible surviving family members to bring a lawsuit for wrongful death, even if workers' compensation benefits are available.
Gross negligence generally refers to conduct that is more than just ordinary negligence. It involves a conscious and voluntary disregard for the safety and well-being of others, demonstrating a wanton disregard for human life or a conscious indifference to the consequences of their actions.
Frequently Asked Questions about Austin Construction Accidents
Can I file a personal injury claim if I was injured while working on a construction site in Austin as an employee?
Answer: Yes, in many cases, you can file a personal injury claim if you were injured while working on a construction site – in addition to your workers’ compensation claim. Depending on the circumstances, you may be eligible to pursue a third-party claim against parties other than your employer, such as the general contractor, contractors, equipment manufacturers, or property owners.
What if I was partially at fault for the construction accident? Can I still recover compensation in Austin?
Answer: Austin, Texas follows a modified comparative negligence rule. As long as you are found to be less than 50% at fault for the accident, you can still recover compensation. However, your final award will be reduced by the percentage of fault attributed to you.
How long do I have to file a personal injury claim for a construction accident in Austin?
Answer: The statute of limitations for personal injury claims in Texas is generally two years from the date of the accident. Failing to file within this time frame may result in the loss of your right to seek compensation.
What types of compensation can I recover in an Austin construction accident personal injury case?
Answer: You may be eligible to recover various types of compensation, including current and future medical expenses, lost wages and earnings ability, pain and suffering, physical impairment and disability, mental anguish and in some cases, punitive damages if the responsible party's conduct was grossly negligent or reckless.
Can I still file a personal injury claim if I was an independent contractor or subcontractor at the construction site in Austin?
Answer: Yes, independent contractors (also called “subcontractors”) can file personal injury claims if their injuries were caused by the negligence of that party that employed them as an independent contractor and other parties (like the general contractor) at the construction site. The rights and legal options for independent contractors may differ from those of regular employees.
How long does it take to resolve a construction accident personal injury case in Austin?
Answer: The timeline for resolving a construction accident personal injury case can vary significantly depending on the complexity of the case, the severity of injuries, and the willingness of the parties to negotiate. Some cases may be settled quickly, while others may require litigation and may take several months or longer to resolve.
What if I was injured due to a defective tool or equipment while working on a construction site in Austin? Who can be held liable?
Answer: If you were injured due to a defective tool or equipment, you may have grounds for a product liability claim against the manufacturer, distributor, or seller of the faulty equipment. You might have a claim for the owner of the equipment if they failed to maintain the equipment, service the equipment or failed to inspect or remove the equipment from service if it had defects. This claim is separate from any workers' compensation benefits you may be entitled to.
Can I sue the general contractor if I was injured while working for a subcontractor on an Austin construction site?
Answer: In many cases, yes. If the general contractor's negligence contributed to the accident, you may have grounds for a personal injury claim against them. Texas law allows liability in many situations for general contractors that fail to maintain a safe work environment and fail take reasonable steps for the safety of all workers on the construction site.
Can I pursue a claim if I was injured in a multi-employer construction site in Austin?
Answer: Yes, if multiple parties are involved in the construction project and their negligence contributed to your injury, you may have grounds for a claim against the responsible parties. This can include other contractors, property owners, or even architects and engineers.
What if I was injured while delivering materials to a construction site in Austin? Can I file a personal injury claim?
Answer: If your injury was caused by the negligence of another party on the construction site, such as a construction company, subcontractor, or equipment operator, you may have grounds for a personal injury claim against them.
Can I file a claim if I was injured due to a slip and fall accident on a construction site in Austin?
Answer: Yes, if your slip and fall accident was caused by hazardous conditions, such as wet floors, debris, obstructions, uneven surface, poor lighting or inadequate signage, you may have grounds for a construction injury claim against the responsible party.
What if my construction accident injury worsens over time? Can I still file a personal injury claim in Austin?
Answer: Yes, in Austin, Texas, the statute of limitations for personal injury claims typically begins from the date of the accident or when the injury is discovered. If your injury worsens or is discovered later, you may still have time to file a claim.
Our lawyers will conduct a thorough investigation of the accident, gather physical evidence, interview witnesses, consult with experts, and review relevant documents and records to establish liability. Let us fight for the justice and compensation you deserve while you focus on your recovery and rebuilding your life.
The Leader In Construction Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Construction Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding construction companies accountable and achieving multi-million dollar settlements and court verdicts for his clients. Clay has handled construction accident cases in all major cities in Texas and numerous smaller counties. In one recent trial, Clay won a construction accident verdict of $26,500,000 for his client who suffered a spinal cord injury after a construction accident fall.
Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.
Clay is a past president of the Dallas Trial Lawyers’ Association and served as Chair of the Advocates for the Texas Trial Lawyer Association where he continues to serve on the board of directions. Clay is also a member of the elite American Board of Trial Advocates (ABOTA) limited to a select group of trial lawyers who have tried to a jury verdict a significant number of cases and who are recognized for their professionalism.
Clay is regularly invited to speak to Trial Lawyer Groups around Dallas, Houston, San Antonio, Austin, and across the state of Texas on the topics of construction accidents, trial tactics in complex construction cases and techniques to investigate and gather evidence in construction accidents, picking a jury in construction accident cases, as well as how to prepare a winning legal and trial strategy in Construction Accident Cases throughout Texas.
Our construction accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Miller Weisbrod Olesky Austin Construction Accident Lawyers
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay's most recent victories include when general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Construction Accident Attorney, Clay Miller tried the case in Texas, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
