Construction is a cornerstone of economic growth in Texas, but it also comes with inherent risks and hazards for construction workers. Every year, the construction industry in the state faces catastrophic accidents that result in the loss of precious lives, leaving families of construction workers shattered and communities devastated.
Miller Weisbrod Oleksy's team of experienced fatal construction accident lawyers in Texas are committed to standing by the victims' families, offering them compassionate support and strong advocacy. We understand the complexities of construction-related wrongful death cases and are determined to pursue justice and secure the highest possible financial compensation for those who have suffered the loss of a loved one in a construction site accident.
Fatal Construction Accident: Two workers form a Texas concrete company were killed and two more injured when the Boom from their Concrete Pumping Truck collapsed onto them.
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
Texas has the Highest Number of Fatalities in the Construction Industry
According to the Texas Department of Insurance data, in 2020, Texas witnessed a distressing toll of 127 fatalities in the construction industry (the highest among all industries in Texas). These fatalities were attributed to various factors, as indicated by the construction fatality statistics in the state:
Transportation incidents accounted for 43 deaths.
Falls, slips, and trips resulted in 37 fatalities.
Contact with objects and equipment led to 21 deaths.
Exposure to harmful substances or environments caused 19 fatalities.
The construction industry in Texas faced significant risks in specific occupations, with some being more prone to fatal incidents than others. Notably, the most hazardous construction occupations were:
Foundational, structural, and building exterior contractors (roofers, framers, masonry)
Civil and heavy engineering construction
Building and construction equipment contractors
Specialty trade contractors (electrical, HVAC and plumbing)
General building construction
One of the primary sources of accidents and injuries in the construction industry in Texas is the utilization of "heavy construction equipment." Heavy equipment accident statistics revealed three recurring causes of fatalities:
Workers being caught behind a heavy vehicle while it was backing up
Accidents occurring when workers were getting on or off machinery, leading to fatal falls
Workers getting pinned between a wall and a piece of machinery, resulting in severe injuries or death
These alarming statistics underscore the need for heightened safety measures, training, and adherence to safety guidelines in the construction industry to mitigate the risks and ensure the well-being of workers on Texas construction sites.
The Most Common and Preventable Construction Accidents in Texas
The Occupational Safety and Health Administration (OSHA) plays a vital role in ensuring the safety and well-being of workers, particularly in high-risk industries like construction. OSHA has identified four leading causes of fatal construction accidents, aptly named the "Fatal Four". Understanding these hazards and implementing preventive measures can significantly reduce fatalities and injuries on construction sites in Texas.
Falls
Falls from heights top the list as the leading cause of fatal construction accidents. Whether from scaffolds, ladders, roofs, or elevated platforms, falls can result in devastating injuries and fatalities. Inadequate, or absence of fall protection, lack of guardrails, and improper use of safety equipment are common factors contributing to incidents under this category. OSHA emphasizes the importance of proper training, implementing fall arrest systems, and conducting regular inspections to prevent falls.
Struck-By Accidents
Being struck by objects is the second most common cause of construction-related fatalities. Heavy machinery, equipment, vehicles, and falling debris pose significant risks to workers on construction sites. Failure to establish designated work zones, enforce proper signaling procedures, and secure tools and materials can lead to tragic struck-by incidents. OSHA recommends maintaining clear communication among workers, using high-visibility clothing, and employing barricades to minimize these hazards.
Electrocutions
Electrocutions are a major concern in the construction industry in Texas, particularly for workers involved in electrical installations and repairs. Contact with live wires, faulty equipment, and improper grounding are primary factors contributing to fatal electrocutions. OSHA emphasizes the importance of de-energizing electrical systems before performing maintenance, using proper lockout/tagout procedures, and providing comprehensive electrical safety training.
Caught-In or Between Accidents
Caught-in or between accidents occur when workers are caught, crushed, or trapped between machinery, equipment, or materials. Trenching and excavation work are particularly hazardous for these types of incidents. Failure to provide adequate trench protection, lack of proper shoring, and unsafe work practices can lead to fatal accidents. OSHA encourages strict adherence to safety regulations, such as trenching protective systems and frequent inspections, to prevent these incidents.
Types of Injuries that Cause Most Deaths in Construction Accidents
Construction accidents can result in a wide range of injuries, but some types of injuries are more likely to cause fatalities. Here are the types of injuries that cause the most deaths in construction accidents in Texas:
Head Injuries: Severe head injuries, including traumatic brain injuries (TBIs), can be fatal when construction workers experience falls from heights or get struck by heavy objects or equipment. Head injuries can lead to internal bleeding, brain swelling, or permanent brain damage, which can result in death.
Crush Injuries: Crush injuries occur when a worker becomes trapped or pinned between heavy machinery, materials, or structures. These accidents can cause internal injuries, fractures, and organ damage, which can be life-threatening if not promptly addressed.
Injuries from Fall: Falls from elevated surfaces, such as ladders, scaffolds, or rooftops, can lead to severe injuries, including spinal cord injuries, multiple fractures, and internal injuries. In some cases, these falls result in fatalities due to the impact and forces involved.
Injuries from Electrocution: Contact with live electrical wires or improperly grounded equipment can cause electrocutions, leading to cardiac arrest, burns, and internal injuries. Electrocutions are often fatal due to the high voltage involved.
Struck-By Injuries: Workers struck by heavy objects, vehicles, or equipment may suffer blunt force trauma, fractures, or internal injuries, leading to fatal outcomes.
Severe Burn Injuries: Construction sites involve various heat sources and flammable materials, leading to potential burn injuries. Severe burns can cause complications such as infections, respiratory problems, and organ failure, which may result in death.
Respiratory Injuries: Exposure to harmful substances, such as toxic fumes, asbestos, or silica dust, can lead to respiratory injuries and long-term health conditions. In severe cases, respiratory injuries can be fatal, especially if proper medical attention is not received.
Suffocation and Asphyxiation: Accidents involving confined spaces, trench collapses, or the improper use of respiratory equipment can result in suffocation and asphyxiation, leading to fatalities.
How Our Attorneys will Prove a Wrongful Death in a Construction Accident?
At Miller Weisbrod Oleksy, our experienced fatal construction accident lawyers in Texas are dedicated to helping families seek justice and compensation in the event of a wrongful death resulting from a construction accident. Proving a wrongful death case involves thorough investigation, legal expertise, and compassionate support for the bereaved families. Here's how our attorneys will approach proving a wrongful death in a construction accident:
Comprehensive Investigation
Our legal team will conduct a meticulous investigation into the construction accident that led to the fatality. Our construction accident attorneys employ a full-time in-house private investigator and video team to assist with investigations. Our wrongful death investigation will involve gathering evidence, reviewing accident reports, examining construction site conditions, interviewing witnesses, and consulting with expert witnesses if necessary. The goal is to reconstruct the events leading to the accident and identify liable parties.
Establishing Liability
To prove a wrongful death construction accident case, we must establish that the construction accident was caused by someone else's negligence, recklessness, or wrongful conduct. This might include construction companies, general contractors, subcontractors, equipment manufacturers, or other third parties who may have contributed to the accident through their actions or omissions.
Demonstrating Duty of Care
Our fatal construction accident lawyers will demonstrate that the liable party owed a duty of care to the deceased construction worker. In wrongful death construction accidents, this duty typically involves ensuring a safe work environment, providing adequate training, and adhering to safety regulations.
Breach of Duty
We will show that the liable party in a wrongful death construction accident lawsuit breached their duty of care, either through their actions or failure to act, leading to the fatal accident. This could involve inadequate safety measures, failure to address hazardous conditions, or insufficient training for workers.
Causation
Our legal team will establish a direct link between the negligent party's actions and the construction worker's death. This means demonstrating that the breach of duty directly caused or substantially contributed to the fatal work accident.
Damages
Our fatal construction accident attorneys in Texas will document the economic and non-economic damages suffered by the surviving family members due to the wrongful death. This can include medical expenses, funeral costs, lost financial support, emotional pain, and loss of companionship.
Expert Testimony
When necessary, our seasoned fatal construction lawyers in Texas will collaborate with expert witnesses, such as construction safety experts, medical professionals, and financial experts, to provide insights and testimony that bolster the case.
Compassionate Representation
Throughout the legal process, our attorneys will provide compassionate support to the grieving family members. We understand the emotional toll of losing a loved one in a construction accident, and we strive to handle the legal complexities while offering empathy and understanding to our clients.
At Miller Weisbrod Oleksy, our dedicated fatal construction accident lawyers are committed to advocating for the rights of families who have lost loved ones in construction accidents. Through our legal acumen, extensive resources, and relentless pursuit of justice, we will provide the support and representation needed to hold negligent parties accountable and secure maximum wrongful death damages for our clients.
If you have lost a family member in a construction accident, we are here to guide you through the legal process and fight for the largest possible compensation you deserve.
Types of Wrongful Death Damages Available in Texas
Under the Texas Civil Practice and Remedies Code Chapter 71.010 and 71.011, wrongful death damages are intended to compensate the surviving family members for the losses they have suffered due to the untimely death of their loved one. The types of wrongful death damages available in Texas fall into two main categories: economic damages and non-economic damages. Each type of damage seeks to address different aspects of the loss and its impact on the surviving family members. Here are the types of wrongful death damages available in Texas:
Economic Damages
Loss of Financial Support: This includes the financial contributions and support that the deceased would have provided to the family members had they survived. It takes into account lost income, potential future earnings, and benefits.
Loss of Inheritance: This covers the inheritance that the surviving family members would have received if the deceased had lived a full life and passed on their assets to them.
Medical Expenses: If the deceased incurred medical expenses before passing away, this includes reimbursement for those expenses.
Funeral and Burial Costs: This covers the costs associated with the funeral and burial or cremation of the deceased.
Non-Economic Damages
Loss of Companionship: This addresses the emotional loss and the void left by the absence of the deceased's companionship, love, and guidance.
Loss of Consortium: This refers to the loss of the marital relationship, including the emotional support, intimacy, and companionship shared between spouses.
Mental Anguish and Emotional Distress: Non-economic damages also encompass the emotional pain, suffering, and mental anguish experienced by the surviving family members due to the loss of their loved one.
Loss of Household Services: If the deceased provided household services, such as childcare, household maintenance, or caregiving, this covers the value of those services lost due to their passing.
Punitive Damages in Construction Accident Wrongful Death Cases in Texas
While compensatory damages are meant to compensate the surviving family members for their losses, punitive damages go beyond compensation and are reserved for cases involving gross negligence, willful misconduct, or malicious intent. To seek punitive damages in a construction accident wrongful death case in Texas, the following conditions must be met:
Clear and Convincing Evidence: The burden of proof for punitive damages is higher than that for compensatory damages. The plaintiff must provide clear and convincing evidence to demonstrate that the at-fault party's actions were grossly negligent or intentional.
Gross Negligence or Willful Misconduct: The at-fault party's conduct must go beyond mere negligence or carelessness. Gross negligence involves a reckless disregard for the safety of others, while willful misconduct entails intentional harm.
Proximate Cause: The gross negligence or willful misconduct must have been the proximate cause of the construction worker's death.
Jury Determination: In Texas, the decision to award punitive damages lies with the jury, not the judge. The jury will assess the evidence presented during the trial to determine if punitive damages are warranted.
It’s crucial to note that while punitive damages can significantly increase the total compensation awarded in a wrongful death case, there is a statutory cap on the amount of punitive damages that can be awarded in Texas. The cap limits punitive damages to the greater of $200,000 or two times the amount of economic damages plus an equal amount of non-economic damages, up to a maximum of $750,000.
Who Can Claim Wrongful Death Damages in a Fatal Construction Accident?
In Texas, the right to claim wrongful death damages in a fatal construction accident is granted to specific family members of the deceased. The Texas Wrongful Death Act outlines the hierarchy of beneficiaries who are eligible to seek compensation for the loss of their loved one due to a construction accident. The following family members have the right to pursue wrongful death damages in Texas:
Spouse: The surviving spouse of the deceased construction worker has the first right to bring a wrongful death claim. If there is more than one surviving spouse, they may bring the claim together or separately.
Children: If there is no surviving spouse or if the spouse chooses not to bring a claim, the deceased's children have the next right to seek wrongful death damages. This includes both biological and adopted children.
Parents: The parents of the deceased construction worker may also file a wrongful death claim.
Executor or Administrator of the Estate: If none of the above-mentioned beneficiaries pursue a wrongful death claim within three months of the construction worker's death, the executor or administrator of the deceased's estate may bring the claim on behalf of the beneficiaries – unless all of the above-listed surviving family members specifically request that the wrongful death claim not be filed. This is in accordance with the Texas Civil Practice & Remedies Code Section 17.004 (2023)
Statute of Limitations in Construction Accident Wrongful Death Cases in Texas
In Texas, the statute of limitations for filing a wrongful death claim arising from a construction accident is generally two years from the date of the construction worker's death. The statute of limitations sets a strict time limit within which a legal action must be initiated. If a wrongful death claim is not filed within this time frame, the court may bar the claim, and the surviving family members may lose their right to seek compensation for their losses.
In some cases, the date of the construction worker's death may not be immediately evident or apparent. The "discovery rule" allows the statute of limitations to begin from the date the surviving family members discovered or reasonably should have discovered the cause of the death and its connection to the construction accident. This rule is often applicable when the exact date of the accident or death is uncertain.
Minors and Legal Incapacity
If the wrongful death claim involves a minor child or an individual who is legally incapacitated, the statute of limitations may be "tolled," meaning it is temporarily paused until the minor reaches the age of majority or the incapacitated individual is no longer considered legally incapacitated.
Government Entities
If the construction accident involved a government entity or public entity, special rules and time limits may apply. It is important to act promptly as there may be shorter deadlines for filing claims against government entities.
Contractor/Manufacturer Defects
In some cases, the wrongful death may result from a defect in construction equipment or machinery. Product liability claims against manufacturers or contractors may have different time limits, which could vary from the general statute of limitations.
Given the time-sensitive nature of wrongful death claims and the potential complexities in construction accident cases, it is best for the surviving family members to consult with our experienced Texas fatal construction accident attorneys at Miller Weisbrod Olesky as soon as possible after the accident. Our attorneys can provide guidance, ensure all necessary evidence is collected in a timely manner, and meet critical filing deadlines to protect the rights of the bereaved family and maximize the chances of obtaining rightful compensation.
Frequently Asked Questions on Texas Construction Accident Wrongful Death Claims
What constitutes a wrongful death in a Texas construction accident?
Answer: A wrongful death in a Texas construction accident occurs when a construction worker loses their life due to the negligence, recklessness, or wrongful conduct of another party involved in the construction project. This could be a construction company, contractor, equipment manufacturer, or other parties responsible for ensuring a safe work environment.
Can I file a wrongful death claim if my loved one was a subcontractor on the construction site?
Answer: Yes, in Texas, the right to file a wrongful death claim extends to both employees and subcontractors who are fatally injured in construction accidents. As long as the death resulted from the negligence of another party, such as the general contractor or equipment manufacturer, you may be eligible to pursue a wrongful death claim.
Can I file a wrongful death claim if my loved one was an undocumented construction worker in Texas?
Answer: Yes, undocumented workers in Texas have the same rights to file a wrongful death claim as any other worker. Immigration status does not bar a person or their family from seeking compensation for damages resulting from a wrongful death in a construction accident.
What if my loved one was killed by a defective construction product or equipment?
Answer: If the wrongful death resulted from a defect in construction equipment or machinery, you may have grounds for a product liability claim against the manufacturer or contractor responsible for the defective product. Product liability claims have their own specific legal requirements and time limits, so it's essential to consult an attorney experienced in handling such cases.
Can I still pursue a wrongful death claim if my loved one died from the construction accident injuries days or weeks later?
Answer: Yes, in Texas, the statute of limitations for wrongful death cases typically begins from the date of the construction worker's death. If your loved one succumbed to their injuries days, weeks or even months after the construction accident, you can still pursue a wrongful death claim within the statute of limitations period.
What if the construction company claims my loved one's death was due to their own negligence?
Answer: If the construction company alleges that your loved one's death was caused by their own negligence or failure to follow safety protocols, be prepared to seek aggressive legal representation from Miller Weisbrod Olesky to investigate the circumstances thoroughly. Our seasoned and prolific Texas fatal construction accident lawyers will collect and analyze the evidence, interview witnesses, and gather expert testimony to establish liability and protect your rights.
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 Texas 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.
