Common Construction Site Accidents In Texas
Construction sites in Texas are known for their bustling activity, where workers engage in a myriad of tasks to build and shape the infrastructure of the state. Based on this, with such dynamic and hazardous environments, construction sites can also be hotspots for accidents that result in serious injuries or even fatalities.
When construction site accidents in Texas occur due to the negligence of construction companies, contractors, subcontractors, property owners, equipment manufacturers or other third parties, they can have devastating consequences for the injured workers and their families, often leading to substantial medical expenses, lost wages, pain and suffering, and long-term disability or even wrongful death.
Construction Accident Lawyers Near Me
This is where the experienced Texas construction accident attorneys at Miller Weisbrod Olesky step in to provide strong legal representation and support. With a proven track record of obtaining millions of dollars in compensation for injured construction workers and their families, our firm is dedicated to providing exceptional legal counsel and aggressive advocacy to those affected by construction accidents in Texas.
Falls from Heights
(e.g., Ladders, Scaffolding, Roofs)
According to research studies, among all the accidents that occur within the construction industry, falls from heights stand out as the primary reason for severe injuries, accounting for 48% of such cases, and fatalities, contributing to 30% of all construction-related deaths. Notably, falls from heights (FFH) make up over a third of the total construction injuries and are prominently responsible for cases involving multiple severe injuries and fatalities.
Falls hold the unfortunate distinction of being the primary cause of fatalities in the construction industry. Throughout 2020, there were 351 instances of fatal falls from a higher level out of a total of 1,008 construction-related fatalities, according to data from the Bureau of Labor Statistics (BLS). OSHA emphasizes that these tragic deaths are preventable through proper safety measures and precautions.
Falls from heights on Texas construction sites occur when workers lose their balance, slip, or trip while working on elevated surfaces such as ladders, scaffolding, or rooftops. These accidents can have devastating consequences, leading to severe injuries such as fractures, head injuries, spinal cord injuries, or even death.
Factors contributing to falls from heights include inadequate fall protection measures, poor maintenance of equipment, lack of proper training, adverse weather conditions, and human error. Construction sites with multiple levels and elevated workspaces are particularly prone to these accidents.
Preventing falls from heights requires a comprehensive approach that includes:
- Proper Training: Ensuring all workers receive adequate training on fall prevention, safe ladder usage, and proper use of fall protection equipment.
- Fall Protection Systems: Implementing effective fall protection systems like guardrails, safety nets, and personal fall arrest systems (PFAS) to prevent or minimize the consequences of a fall.
- Regular Inspection and Maintenance: Regularly inspecting and maintaining ladders, scaffolding, and other elevated work platforms to ensure they are in good condition and safe to use.
- Risk Assessment: Conducting thorough risk assessments to identify potential fall hazards and taking appropriate measures to control and mitigate them.
- Safety Culture: Promoting a strong safety culture on the construction site, where all workers prioritize safety and actively participate in identifying and addressing hazards.
- Emergency Preparedness: Establishing an emergency response plan to swiftly respond to fall incidents and provide immediate medical assistance.
At Miller Weisbrod Olesky, our Texas construction site accident lawyers will investigate whether negligence or failure to implement these measures by the construction company or a contractor led to your fall from height injury.
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 Texas, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.
Slip, Trips, and Falls on Construction Sites
Slip, trip, and fall accidents are another leading cause of construction injuries in Texas. According to the Bureau of Labor Statistics (BLS), during the year 2020, the construction sector experienced over 20% of all workplace fatalities. Slightly more than a third of these fatalities within the industry were caused by incidents involving falls, slips, and trips, predominantly from higher to lower levels. Fatal falls, slips, and trips in the construction field constituted 46.1% of the total such incidents in 2020, consistent with trends observed in prior years.
Slips, trips and falls on construction sites in Texas occur when workers encounter uneven surfaces, slippery floors, or debris on walkways, leading to loss of balance and accidents. These accidents can result in various injuries, ranging from severe fractures or spinal cord damage or head injuries.
Common causes of slip, trip, and fall accidents include poor housekeeping, inadequate lighting, wet or icy surfaces, improper footwear, and lack of warning signs. Construction sites are often dynamic environments with numerous materials and equipment scattered around, making them more susceptible to slip, trip, and fall hazards.
Preventing slip, trip, and fall accidents involves several proactive measures:
- Good Housekeeping: Keeping construction areas clean, organized, and free from clutter to reduce tripping hazards.
- Proper Flooring and Surfaces: Installing slip-resistant flooring and ensuring proper drainage to prevent wet or icy surfaces.
- Appropriate Footwear: Requiring workers to wear suitable footwear with slip-resistant soles to enhance traction.
- Warning Signs and Barricades: Placing warning signs and barricades in areas with potential slip or trip hazards.
- Lighting: Providing adequate lighting in all work areas, especially during low-light conditions or night shifts.
- Regular Inspections: Conducting routine inspections to identify and address potential slip, trip, and fall hazards promptly.
- Employee Training: Educating workers on recognizing and avoiding slip, trip, and fall hazards.
While working on a roof, our client was moving decking when he fell through an unsecured/unmarked hole in the roof. As a result, he was left paralyzed. Our Personal Injury Lawyers obtained a settlement of $5,500,000.
Struck-by Accidents
(e.g., Falling Objects, Vehicles, Equipment)
According to the CDC, injuries resulting from being struck by objects, equipment or vehicles are the top cause of nonfatal injuries and the second most prevalent cause of fatalities among construction workers. Among construction workers, the likelihood of experiencing nonfatal struck-by injuries is twice as high as the combined risk across all other industries.
Fatal struck-by injuries often happen when a motor vehicle enters a construction area or when construction machinery and heavy equipment operate within the same zone. The majority of nonfatal struck-by injuries (96%) are attributed to falling or airborne objects, as well as equipment (4%). Common scenarios resulting in nonfatal injuries involve getting hit by handheld objects or equipment (36%), being struck by falling objects or equipment (29%), and being impacted by discharged or flying objects (14%).
Struck-by accidents involving construction workers in Texas can cause severe injuries, such as broken bones, traumatic brain injuries, internal organ damage, or death. Common scenarios leading to struck-by accidents include unsecured materials or tools at elevated workspaces, inadequate communication and signaling between workers, poor visibility of workers on the construction site, and operator errors.
To prevent struck-by accidents, construction companies in Texas should adopt the following measures:
- Safe Material Handling: Implementing proper storage and securing procedures for construction materials and tools to prevent them from falling or becoming projectiles.
- Signaling and Communication: Establishing clear and effective communication methods between workers and equipment operators to avoid accidental collisions.
- Personal Protective Equipment (PPE): Requiring workers to wear appropriate PPE, such as hard hats and high-visibility vests, to enhance their visibility and protect against falling objects.
- Adequate Barricading: Erecting barricades around work zones to prevent unauthorized entry and protect workers from vehicular traffic.
- Training and Certification: Ensuring all equipment operators are properly trained and certified to operate machinery safely.
- Regular Equipment Inspections: Conducting regular inspections of construction vehicles and equipment to identify and address any potential hazards.
- Safety Zones: Establishing designated safety zones for workers to remain clear of moving equipment and vehicles.
Poor safety culture and negligence of construction companies and contractors can lead to serious struck-by accidents. Our construction site accident attorneys in Texas can prove liability of the at-fault parties to get you the rightful damages for your injuries and losses.
Construction Heavy Object Accident:
Our client was working on welding ramps when something fell from roof, struck him and he lost consciousness. Our Construction Accident Lawyers got him a $1 Million Dollar Settlement.
Caught-in or Caught-between Accidents
(e.g., Machinery, Equipment, Trench Collapse)
Caught-in or caught-between accidents occur when workers are caught, compressed, or crushed between two objects or surfaces. These accidents are particularly hazardous and can result in amputations, crush injuries, or fatalities. Common scenarios leading to caught-in or caught-between accidents include improper use of machinery and equipment, lack of proper guarding, failure to secure loads, and inadequate trench protection.
According to a research report by the Center for Construction Research and Training (CPWR), there was a 33% rise in fatal caught-in and caught-between injuries within the construction sector from 2011 to 2015. This increase outpaced the overall 26% rise in construction-related fatalities over the same period.
Between 2011 and 2015, the report noted that 275 construction workers lost their lives in incidents involving being caught-in or caught-between, marking a higher number of fatalities compared to any other major industry. Among these fatalities, nearly 67% were attributed to construction workers being trapped or crushed due to the collapse of materials. When examining nonfatal caught-in/between incidents, the report revealed that 93% of injuries resulted from construction equipment or other objects.
Preventing caught-in or caught-between accidents involves several critical measures:
- Proper Training: Ensuring all workers receive comprehensive training on the safe operation of machinery and equipment.
- Equipment Guarding: Installing appropriate guards on machinery and equipment to prevent workers from coming into contact with moving parts.
- Lockout/Tagout Procedures: Implementing lockout/tagout procedures to ensure equipment is safely de-energized and immobilized during maintenance and repair tasks.
- Trench Safety: Implementing proper trenching and excavation procedures, including the use of shoring and trench boxes to prevent cave-ins.
- Clear Communication: Encouraging clear communication between workers to prevent accidental activations or operations of equipment.
- Regular Inspections: Conducting routine inspections of machinery, equipment, and trenches to identify any potential hazards.
- Safe Work Practices: Enforcing safe work practices and encouraging workers to report any safety concerns.
Electrocutions from Exposed Wiring or Equipment
Electrocutions are among the most severe and often fatal construction accidents in Texas. They occur when construction workers come into contact with live electrical wires or faulty electrical equipment. Electrocutions can lead to severe burns, cardiac arrest, or death.
Research data shows that around 9% of occupational fatalities within the construction sector result from incidents involving contact with electricity. This factor ranks as the fourth primary cause of death in construction. The analysis also demonstrated that the percentage of electrocution-related fatalities is notably higher among younger construction workers in comparison to workers in other industries.
Common causes of electrocutions in the Texas construction industry include improper use of electrical equipment, failure to de-energize electrical systems before maintenance, inadequate grounding, and working near power lines.
Preventing electrocutions requires a rigorous and comprehensive approach:
- Electrical Safety Training: Providing thorough electrical safety training to all workers, emphasizing safe work practices and the recognition of electrical hazards.
- Lockout/Tagout Procedures: Implementing lockout/tagout procedures to ensure electrical systems are safely de-energized and isolated before maintenance or repair work.
- Proper Grounding: Ensuring that all electrical equipment is properly grounded to minimize the risk of electrical shocks.
- PPE and Tools: Requiring workers to use appropriate personal protective equipment (PPE), including insulating gloves and tools, when working near electrical sources.
- Electrical Inspections: Conducting regular inspections of electrical systems and equipment to identify and address potential hazards.
- Safe Distance from Power Lines: Establishing safe working distances from overhead power lines to prevent accidental contact.
- Rescue Procedures: Establishing emergency rescue procedures and providing training to respond quickly to electrocution incidents.
Construction Heavy Object Accident:
Our client was using a concrete mop under unguarded electrical lines when the handle of the mop made contact with the power lines, and suffered a severe electrical injury. Our Construction Accident Lawyers got him a $1.5 Million Dollar Settlement.
Crane or Lifting Equipment Accidents
Crane or lifting equipment accidents are among the most serious incidents in the Texas construction industry. Cranes and lifting equipment are essential for moving heavy materials and objects on construction sites, but they also pose significant risks if not used properly.
The statistics regarding crane-related fatalities emphasize the potential hazards associated with the incorrect operation of heavy machinery. From 2011 to 2017, 43% of crane-related fatalities occurred within the construction sector, while 24% were documented in the manufacturing industry.
Over the same period, Texas recorded the highest number of crane-related fatalities, totaling 50. Florida and New York had the next highest count, both with 16 incidents each, while California and Illinois reported 14 incidents each. In perspective, crane-related fatalities in Texas were higher than the combined fatalities occurring in the next three states from 2011 to 2017.
Common causes of crane accidents include operator errors, equipment malfunctions, overloading, poor maintenance, adverse weather conditions, inadequate training, and communication issues. Accidents involving cranes can result in severe injuries or fatalities for operators, nearby workers, and pedestrians.
To prevent crane accidents, construction companies in Texas should take the following measures:
- Qualified Operators: Employing certified and experienced crane operators who have received proper training and are familiar with the specific crane's capabilities and limitations.
- Inspections and Maintenance: Conducting regular inspections and maintenance of cranes to ensure they are in solid working condition.
- Safety Procedures: Implementing clear and comprehensive safety procedures for crane operations, including proper rigging and signaling.
- Load Limits and Stability: Adhering to load limits and ensuring the crane's stability before lifting any load.
- Weather Monitoring: Monitoring weather conditions to avoid crane operations during adverse weather, such as strong winds or storms.
- Clear Communication: Establishing effective communication between the crane operator, signal persons, and other workers on the site.
- Barricades and Exclusion Zones: Erecting barricades and establishing exclusion zones to keep workers and pedestrians away from the crane's swing radius.
If the construction company, contractor, or another party failed to follow stringent safety protocols or provide proper training, leading to your crane accident, our construction site accident attorneys in Texas can help you obtain your rightful compensation.
Forklift Accidents
Forklifts are essential for material handling on construction sites, but their improper operation can lead to accidents causing injuries and property damage. Injuries associated with forklifts are classified based on the type of event, usually falling into the categories of transportation incidents or contact with objects or equipment incidents. Data from the National Security Council (NSC) shows that in the year 2021, forklifts were involved in 70 construction site fatalities, and in 2020, there were 7,290 nonfatal injuries that led to days away from work.
Common causes of forklift accidents include inadequate operator training, poor visibility, overloading, unsafe driving practices, and lack of proper maintenance. To prevent forklift accidents, construction companies should implement the following safety measures:
- Operator Training: Providing comprehensive training for forklift operators, including safe operating practices, load capacity, and maintenance procedures.
- Safe Driving: Encouraging safe driving practices, such as obeying speed limits, using horns and warning signals, and maintaining a safe distance from other vehicles and pedestrians.
- Pedestrian Safety: Establishing separate pedestrian walkways and enforcing guidelines for workers to avoid forklift paths.
- Load Capacity: Ensuring that forklift operators do not exceed the load capacity and maintain proper balance while lifting and carrying loads.
- Inspections and Maintenance: Conducting regular inspections and maintenance of forklifts to ensure they are in proper working condition.
- Visibility: Installing mirrors and other visibility aids on forklifts to improve the operator's line of sight.
- Traffic Management: Implementing traffic management plans to regulate forklift movements and reduce congestion.
Construction Accident:
When our clients arrived on a work site to dispose of material, a Front-End Bucket Loader was provided by the property owner to unload the debris. The Front-End Loader operator was on his first day on the job and had never operated this particular brand of heavy machinery. When he went to back up, he accidentally put the loader into forward crushing our client’s legs, causing severe fractures. The accident was caught on video. The $3M was total policy limits of insurance maybe make that clear in last slide showing the settlement.
Bulldozer Accidents
Bulldozers play a vital role in site preparation and earth-moving activities in construction. With that said, improper operation and lack of proper safety measures can lead to bulldozer accidents with severe consequences.
OSHA provides guidelines and regulations that cover the safe operation of various heavy equipment and vehicles, including bulldozers, within the construction industry. Bulldozer operation safety falls under the broader category of "Powered Industrial Trucks," which includes equipment like forklifts, bulldozers, and similar heavy machinery. OSHA's regulations related to this category are found under the General Industry standard, 29 CFR 1910.178.
Common causes of bulldozer accidents in Texas include operator errors, lack of visibility, unstable ground conditions, equipment malfunctions, and poor maintenance.
To prevent bulldozer accidents, Texas construction companies should implement the following safety measures:
- Qualified Operators: Employing trained and experienced bulldozer operators who understand the equipment's capabilities and limitations.
- Inspections and Maintenance: Conducting regular inspections and maintenance of bulldozers to ensure they are in optimal working condition.
- Clearing the Area: Ensuring the work area is free from obstacles and potential hazards before operating the bulldozer.
- Bulldozer Speed: Enforcing appropriate speed limits to prevent loss of control and accidents.
- Visibility Aids: Installing rearview cameras and mirrors to improve the operator's visibility.
- Barricades and Exclusion Zones: Establishing barricades and exclusion zones to keep workers and pedestrians at a safe distance from operating bulldozers.
- Ground Stability: Assessing ground conditions and taking necessary precautions to prevent unstable terrain accidents.
Backhoe Accidents
Backhoes are versatile construction equipment used for digging, excavation, and material handling tasks. Besides, like other heavy equipment, improper operation and lack of safety precautions can lead to accidents with serious consequences.
OSHA 29 CFR 1926 Subpart CC addresses the operation of backhoes with lifting attachments. OSHA 29 CFR 1926.602 - Material Handling Equipment section covers regulations for earth-moving equipment, which includes backhoes.
Common causes of backhoe accidents at Texas construction sites include operator errors, lack of visibility, failure to secure loads, equipment malfunctions, and lack of proper training. To prevent backhoe accidents, construction companies in Texas should take the following steps:
- Qualified Operators: Employing trained and certified backhoe operators who have received proper training and understand the equipment's safe operation.
- Inspections and Maintenance: Conducting regular inspections and maintenance of backhoes to ensure they are in good working condition.
- Safe Operating Procedures: Enforcing safe operating procedures for backhoes, including proper load securing and digging practices.
- Visibility Aids: Installing mirrors and cameras to improve the operator's visibility while maneuvering the backhoe.
- Clear Communication: Establishing clear communication between the backhoe operator, ground crew, and other workers on the site.
- Exclusion Zones: Establishing exclusion zones around the backhoe to keep workers and pedestrians away from its swing radius.
- Traffic Management: Implementing traffic management plans to control the movement of backhoes and other construction vehicles on the site.
Pump Jack Accidents
Pump jacks are commonly used in the oil and gas industry and other construction tasks to lift heavy loads vertically. Furthermore, improper use, equipment failure, and lack of safety precautions can lead to pump jack accidents with severe consequences.
According to a CDC report, oil and gas extraction worker fatalities, including pump jack accidents, occurred in 14 states in 2014. Notably, the largest proportion of these fatalities occurred in Texas (44%).
Common causes of pump jack accidents in Texas include overloading, poor maintenance, equipment malfunctions, and lack of proper training. Prevention of pump jack accidents requires the construction company to take the following steps:
- Proper Training: Providing comprehensive training to all workers involved in operating pump jacks, including safety procedures and equipment handling.
- Inspections and Maintenance: Conducting regular inspections and maintenance of pump jacks to ensure they are in suitable working condition.
- Load Limits: Ensuring that pump jacks are not overloaded and used within their specified load capacity.
- Stability and Leveling: Ensuring that pump jacks are stable and properly leveled before use.
- Clear Communication: Establishing clear communication between workers operating the pump jack and those involved in the lifting operation.
- Proper Rigging: Ensuring that appropriate rigging techniques are used to secure loads to the pump jack.
- Use of Safety Equipment: Requiring workers to use appropriate personal protective equipment (PPE) when operating pump jacks.
Pump Jack Accident:
The superintendent for the general contractor knew about the industry standard and claimed that the siding contractors were always tied off when on the pump jacks (that did not have proper guardrails). Our clients claimed they never had been issued harnesses and there were no hard points for lifeline connection on the roof of the apartments. They had been working for three weeks when their platform became unstable (due to inadequate bracing) causing them to fall over the side. One client suffered several orthopedic fractures — the other suffered a broken spinal cord leaving him permanently paralyzed.
Trench Collapse Accidents
Trench collapse accidents are among the most hazardous incidents in the construction industry in Texas, particularly in excavation and trenching operations. Trenches are narrow, deep excavations that can quickly become unstable and cave in, trapping and burying workers.
An alarming jump in fatalities linked to trench-related incidents has prompted the US Department of Labor to introduce more rigorous nationwide enforcement measures and increased oversight. According to OSHA figures, during the initial six months of 2022, 22 workers have tragically lost their lives due to the dangers inherent in trenching and excavation activities, surpassing the total of 15 fatalities reported for the entire year of 2021.
Common causes of trench collapse accidents include inadequate shoring or bracing, soil instability, heavy rain or water infiltration, excavation near existing structures, and lack of proper safety measures. Our Texas construction site accident attorneys will investigate whether the construction company, contractors or other parties were negligent in implementing one or more of the following safety steps:
- Proper Shoring and Bracing: Ensuring that trenches are adequately shored or braced to prevent cave-ins.
- Trench Sloping: Properly sloping trench walls to provide stability and reduce the risk of collapse.
- Trench Boxes and Shields: Using trench boxes and shields to protect workers from cave-ins.
- Inspections: Regularly inspecting trenches and excavation sites for signs of instability or potential hazards.
- Restricted Access: Implementing access control and barricading to prevent unauthorized entry into excavation areas.
- Proper Training: Providing comprehensive training to workers involved in trenching and excavation, emphasizing safety protocols and hazard awareness.
- Emergency Response Plan: Establishing an emergency response plan to quickly respond to trench collapse incidents and provide immediate assistance.
Collapses of Structures, Walls, or Excavations
Collapses of structures, walls, or excavations are significant construction accidents in Texas that can lead to severe injuries and fatalities. These accidents can occur during construction or demolition work when structures or walls are not properly supported or braced.
OSHA 29 CFR 1926 Subpart P provides comprehensive guidelines for excavation and trenching operations. It includes regulations pertaining to the design, construction, and safety of excavations to prevent collapses, as well as requirements for protective systems, access, and egress.
Common causes of collapses include inadequate structural design, improper construction techniques, poor quality materials, lack of proper bracing during excavation, and unforeseen ground conditions. To prevent collapses of structures, walls, or excavations, construction companies should undertake the following safety measures:
- Engineering and Design: Engaging qualified engineers to ensure proper design and structural integrity of buildings and walls.
- Quality Materials: Using high-quality construction materials that meet safety standards.
- Proper Bracing and Shoring: Ensuring that walls, structures, and excavations are adequately braced and shored during construction.
- Inspections: Regularly inspecting structures and walls during construction to identify any signs of instability.
- Demolition Planning: Developing comprehensive demolition plans that consider the structural stability of the building and potential risks.
- Demolition Techniques: Using safe and controlled demolition techniques to prevent unplanned collapses.
- Safety Protocols: Implementing safety protocols and providing proper training to workers involved in construction and demolition activities.
Demolition Accidents
Demolition work involves dismantling or destroying structures, and it comes with inherent risks to both workers and surrounding structures. Common causes of demolition accidents include inadequate planning, failure to identify hazardous materials, unexpected structural weaknesses, improper use of demolition equipment, and lack of communication among workers.
OSHA 29 CFR 1926 Subpart T provides detailed guidelines for demolition operations on construction sites, including requirements for planning, safety measures, and worker protection during demolition activities.
Our construction site accident lawyers in Texas will investigate whether negligence in one or more of the following areas contributed to your accident and injuries:
- Comprehensive Planning: Developing detailed demolition plans that consider structural integrity, hazardous materials, and safety protocols.
- Hazardous Material Identification: Conducting thorough surveys to identify and safely handle hazardous materials, such as asbestos and lead.
- Proper Equipment and Tools: Using appropriate demolition equipment and tools, and ensuring they are well-maintained and operated by trained personnel.
- Structural Analysis: Conducting structural analysis to identify potential weaknesses and ensure a controlled demolition.
- Safety Zones: Establishing safety zones and barricades to protect workers and the public from falling debris.
- Communication and Coordination: Ensuring effective communication among all workers involved in the demolition process.
- Personal Protective Equipment (PPE): Requiring workers to wear appropriate PPE, including hard hats, goggles, and respiratory protection.
Construction Machinery Accidents
(e.g., Entanglement, Improper Use)
Construction machinery accidents in Texas involve various types of machinery used in construction, and they can result in serious injuries or fatalities if not used correctly. Common causes of construction machinery accidents include entanglement in moving parts, improper operation, lack of training, equipment malfunction, and failure to use safety features.
The primary OSHA regulations that address safe operations to prevent construction machinery accidents encompass various standards related to equipment operation, training, and general safety. OSHA 29 CFR 1926 Subpart O - Motor Vehicles, Mechanized Equipment, and Marine Operations covers some of the key aspects of equipment and vehicle operation, including training, safe operation, and inspection requirements.
Here are the key preventive steps employers, construction companies and contractors in Texas should take to minimize the risk of construction worker injuries and fatalities:
- Proper Training: Providing comprehensive training to operators and workers who work with construction machinery.
- Safety Features: Ensuring that all safety features of the machinery are functional and used correctly.
- Personal Protective Equipment (PPE): Requiring workers to wear appropriate PPE, such as gloves and safety clothing, to prevent entanglement and other injuries.
- Equipment Inspection and Maintenance: Regularly inspecting and maintaining construction machinery to identify and address potential hazards.
- Equipment Guards and Lockout/Tag-out: Installing guards on moving parts and implementing lockout/tagout procedures to prevent accidental activation during maintenance.
- Safe Operating Procedures: Establishing and enforcing safe operating procedures for all construction machinery.
- Communication and Signaling: Implementing effective communication and signaling protocols to coordinate machinery operations.
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.
Explosions or Fires due to Flammable Materials or Gas Leaks
Explosions or fires due to flammable materials or gas leaks are critical construction accidents that can cause severe injuries, fatalities, and extensive property damage. These accidents can occur during construction activities involving welding, cutting, use of flammable materials, or gas installations.
The OSHA regulation that addresses safe operations to prevent explosions or fires due to flammable materials or gas leaks is OSHA 29 CFR 1926 Subpart F - Fire Protection and Prevention. This subpart provides comprehensive guidelines for fire protection and prevention in the construction industry. It includes regulations that cover the storage, handling, and use of flammable and combustible materials, as well as requirements for fire protection measures.
Common causes of explosions or fires include improper storage and handling of flammable materials, lack of proper ventilation, equipment malfunctions, and gas leaks. Preventive steps that property owners and construction companies in Texas should take include:
- Hazardous Material Management: Properly storing, handling, and disposing of flammable materials to prevent accidents.
- Ventilation: Ensuring adequate ventilation in confined spaces where flammable materials or gases are present.
- Hot Work Permits: Requiring hot work permits for activities involving welding, cutting, or other processes that produce heat or sparks.
- Gas Leak Detection: Installing gas leak detection systems and conducting regular inspections to identify and address leaks.
- Fire Safety Equipment: Providing fire extinguishers and firefighting equipment at strategic locations on the construction site.
- Emergency Response Plan: Establishing an emergency response plan to swiftly respond to fires or explosions and evacuate workers if necessary.
- Worker Training: Providing proper training to workers on fire safety, emergency procedures, and the use of fire extinguishers.
Construction Vehicle-Related Accidents
(e.g., Collisions, Rollovers)
Construction vehicle-related accidents are significant hazards in the Texas construction industry, involving various types of vehicles like trucks, excavators, loaders, and dumpers. These accidents can result in severe injuries and fatalities.
According to the National Security Council (NSC) data, in the year 2021, a total of 954 individuals lost their lives, and 42,151 individuals sustained injuries in vehicle-related accidents that occurred within work zones. As many as 468 of these tragic fatalities occurred in construction zones. (Work zone crashes encompass incidents occurring within the confines of a work zone or on routes leading to or departing from a work zone due to actions, behaviors, or traffic management related to the movement of vehicles within work zones.)
Causes of construction vehicle accidents include operator errors, lack of training, impaired visibility, inadequate maintenance, congested work areas, and poor communication among workers. At Miller Weisbrod Olesky, our Texas construction site accident attorneys will examine whether negligence in implementing one or more of the following measures led to your accident and injuries:
- Operator Training: Providing comprehensive training to all vehicle operators, including safe driving practices, blind-spot awareness, and communication protocols.
- Visibility Aids: Installing mirrors, cameras, and backup alarms to improve the operator's visibility and awareness of surrounding workers and obstacles.
- Traffic Management: Implementing traffic management plans to regulate vehicle movements on the construction site and segregate pedestrian and vehicular traffic.
- Speed Limits: Enforcing speed limits to prevent accidents caused by excessive speed.
- Clear Communication: Establishing effective communication methods, such as hand signals or radios, between vehicle operators and ground crew.
- Proper Maintenance: Conducting regular maintenance and inspections of construction vehicles to ensure they are in optimal working condition.
- Safety Zones: Establishing safety zones and pedestrian walkways to keep workers away from vehicle paths.
Welding or Cutting Accidents
Welding and cutting operations are common in Texas construction sites and pose various hazards to workers. Accidents during welding or cutting can lead to burns, eye injuries, respiratory problems, and fire hazards. Causes of welding or cutting accidents include improper use of equipment, lack of proper ventilation, inadequate personal protective equipment (PPE), and failure to follow safety procedures.
Welding accidents account for approximately a quarter of all fatal workplace accidents. Moreover, they also encompass around one-third of non-fatal amputations incidents. The Bureau of Labor Statistics (BLS) is responsible for compiling data on injuries and illnesses stemming from welding accidents. According to BLS data, there are 21 reported welding accidents per 100,000 workers in the United States.
To prevent welding or cutting accidents, the following safety measures should be undertaken by the construction companies and contractors:
- Training: Providing comprehensive training to workers involved in welding and cutting operations, including safe practices and proper use of equipment.
- Ventilation: Ensuring adequate ventilation in confined spaces to prevent the accumulation of harmful fumes and gases.
- Personal Protective Equipment (PPE): Requiring workers to wear appropriate PPE, such as welding helmets, gloves, and protective clothing.
- Fire Prevention: Having fire extinguishers and fire blankets readily available during welding and cutting activities.
- Hot Work Permits: Requiring hot work permits for welding and cutting operations to ensure proper planning and safety measures are in place.
- Inspections: Regularly inspecting welding and cutting equipment to identify any defects or malfunctions.
- Fire Watch: Assigning a designated fire watch personnel during and after welding or cutting operations to monitor and address any potential fire hazards.
Hand Tool Accidents
(e.g., Cuts, Punctures)
Hand tool accidents are a frequent occurrence at Texas construction sites and can cause a variety of injuries, including cuts, punctures, and abrasions. These accidents often result from improper use of hand tools, lack of proper training, and failure to use personal protective equipment. Typical causes of hand tool accidents include using damaged or dull tools, improper storage, lack of proper grip, and insufficient training.
OSHA 29 CFR 1926 Subpart I - Tools - Hand and Power covers general requirements for hand and power tools. It includes regulations related to inspection, maintenance, and proper use of hand tools to ensure worker safety.
To prevent hand tool accidents, construction industry employers and contractors should implement these safety measures:
- Proper Tool Selection: Ensuring workers use the right tools for the job and providing high-quality tools in good condition.
- Inspections: Regularly inspecting hand tools for damage or wear and replacing or repairing them as needed.
- Proper Use and Grip: Training workers on the correct use of hand tools and emphasizing proper grip techniques to avoid slips and mishaps.
- Personal Protective Equipment (PPE): Requiring workers to wear appropriate PPE, such as gloves and eye protection, when using hand tools.
- Tool Storage: Implementing proper tool storage practices to keep tools organized and prevent damage.
- Housekeeping: Keeping the work area clean and organized to reduce the risk of accidents caused by clutter and obstructions.
- Safety Awareness: Fostering a safety-conscious culture where workers are encouraged to report damaged tools and safety concerns.
Chemical Exposures and Spills
Construction workers in Texas often work with various chemicals, including paints, solvents, adhesives, and concrete additives, which can pose health risks if not handled properly. Chemical exposures and spills can lead to skin irritation, respiratory problems, chemical burns, and long-term health effects.
Leading causes of chemical exposures and spills at construction sites include improper storage, handling, and disposal of chemicals, lack of proper PPE, inadequate ventilation, and lack of training. Our construction site accident lawyers in Texas will investigate if the lack of any of the following safety steps contributed to your injuries and losses:
- Hazard Communication: Implementing a comprehensive hazard communication program to educate workers about the risks associated with the chemicals they handle.
- Proper Storage and Labeling: Storing chemicals in designated areas, properly labeled containers, and away from incompatible substances.
- PPE: Requiring workers to wear appropriate PPE, such as gloves, respirators, and goggles, when handling chemicals.
- Ventilation: Ensuring adequate ventilation in areas where chemicals are used or stored to minimize exposure to fumes and vapors.
- Spill Response Plan: Establishing a spill response plan with clear procedures for containing and cleaning up spills.
- Training: Providing comprehensive training to workers on the safe handling, use, and storage of chemicals.
- Material Safety Data Sheets (MSDS): Keeping MSDS readily available and accessible to workers for reference.
Other Construction Site Injuries and Illness in Texas
OSHA 29 CFR 1926 Subpart D - Occupational Health and Environmental Controls covers the general requirements for occupational health and environmental controls, including measures to prevent construction site illnesses and exposure to hazardous substances.
- Repetitive Motion Injuries: Repetitive motion injuries result from performing the same tasks repeatedly over time, causing strain on the body. Carpal tunnel syndrome is a common example, affecting the wrists and hands of workers who perform repetitive tasks.
- Overexertion and Lifting Injuries: Overexertion injuries occur when workers strain their muscles or suffer from fatigue due to heavy lifting, pushing, or pulling objects.
- Respiratory Illnesses: Construction workers can develop respiratory illnesses from inhaling dust, fumes, or airborne particles during tasks like drilling, sanding, or demolition. Silicosis and pneumoconiosis are examples of lung diseases caused by inhaling silica or other harmful particles.
- Noise-Induced Hearing Loss: Continuous exposure to loud construction noises at Texas construction sites without proper hearing protection can cause hearing loss over time.
- Heat-Related Illnesses: Working in hot weather conditions without adequate hydration and cooling measures can lead to heat-related illnesses, ranging from heat exhaustion to potentially life-threatening heat stroke.
- Cold-Related Illnesses: Working in cold weather conditions at Texas construction sites without proper clothing and protection can result in cold-related illnesses like hypothermia or frostbite.
- Asphyxiation in Confined Spaces: Construction workers in Texas can be at risk of asphyxiation when working in confined spaces with inadequate ventilation or in environments with low oxygen levels.
- Occupational Asthma: Occupational asthma can be triggered by exposure to various construction materials, such as dust, wood, paint, or chemicals, leading to breathing difficulties and respiratory issues.
- Skin Disorders: Contact with certain chemicals, solvents, or irritants during construction work can cause skin disorders, including rashes, dermatitis, or chemical burns.
- Allergic Reactions: Construction workers can develop allergic reactions to specific materials or substances used on Texas construction sites, such as latex, adhesives, or certain metals.
- Lead Poisoning: Lead poisoning can occur when workers at construction sites in Texas are exposed to lead-based materials, such as lead-based paint or lead-containing pipes.
- Vibration-Related Disorders: Construction workers who regularly use vibrating tools and equipment can develop vibration-related disorders, such as hand-arm vibration syndrome, which affects the blood vessels, nerves, and joints in the hands and arms.
- Musculoskeletal Disorders: Repetitive tasks or awkward positions in construction work can lead to musculoskeletal disorders, such as tendonitis, back pain, or neck strain.
- Carbon Monoxide Poisoning: Carbon monoxide poisoning can occur when Texas construction site workers are exposed to the gas produced by fuel-burning equipment in poorly ventilated areas.
- Benzene Poisoning: Exposure to benzene-containing solvents at a construction site can lead to poisoning, causing symptoms such as dizziness, headaches, or even more severe health effects.
- Pesticide or Herbicide Exposure: Construction workers in Texas may be exposed to pesticides or herbicides, leading to potential health issues depending on the type and level of exposure.
- Sunburn or Skin Cancer: Working outdoors at Texas construction sites without adequate sun protection can lead to sunburn and an increased risk of developing skin cancer over time.
- Infectious Diseases: Construction workers in Texas can be exposed to infectious diseases in unsanitary working conditions, especially when working with sewage, waste, or contaminated water.
Employers, construction site managers, contractors and subcontractors at Texas construction sites should prioritize proper training, safety protocols, and the use of appropriate personal protective equipment (PPE) to minimize the risk of accidents and illnesses in the construction industry. At Miller Weisbrod Olesky, our Texas construction site accident attorneys will collect evidence and prove the liability of all negligent parties to help you recover maximum damages for your injuries and losses.
Empower Your Texas Construction Site Accident Claim with Miller Weisbrod Olesky
If you or a loved one has been injured on a Texas construction site, you don't have to face the battle alone. Our dedicated team of Texas construction accident attorneys has a proven track record of securing multi-million dollar verdicts and settlements for injured construction workers like you. Don't settle for less and let our skilled and resourceful lawyers work for you to recover the maximum compensation you truly deserve. Contact us now for a free consultation and get ready to restore your financial future with Miller Weisbrod Olesky by your side.
If you have sustained injuries in a Texas construction site accident or someone you love lost their life in an accident on a construction site, it's vital to seek legal assistance as soon as possible. Contact Miller Weisbrod Olesky, and our skilled and resourceful Texas construction accident attorneys will fight for your rights and help you obtain the largest possible compensation you are entitled to for your injuries and losses.
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.
Led by a formidable legal team with an extraordinary record of court verdicts and settlements in construction accident cases, Miller Weisbrod Olesky is regularly recognized by the US News and World Report as one of the top injury law firms in the United States.
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.
He is active in local and statewide trial lawyers' associations including serving as the Chair of the Advocates for the Texas Trial Lawyers' Association in 2002 and remains on the Board of Directors. Clay served as President of the Dallas Trial Lawyers Association from 2008-2009. He has also been a member of the American Board of Trial Advocates (ABOTA) since 2014.
Education
- Southern Methodist University School of Law - Dallas, Texas
- Texas A&M University - Finance - College Station, Texas
Areas of Practice
Associations & Memberships
- State Bar of Texas
- State Bar of New Mexico
- State Bar of Colorado
- American Board of Trial Advocates (ABOTA)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers’ Association
- American Association of Justice
Josh Birmingham
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.
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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.
Education
- University of Nebraska
- University of Tulsa - School of Law
Areas of Practice
Associations & Memberships
- American Association of Justice:
Member
- Texas Trial Lawyers Association:
Member
- Dallas Trial Lawyers Association:
Member
Board of Directors - Dallas Association of Young Lawyers:
Member
- Mesquite Bar Association:
Member
Michael Orth
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.
Education
- Texas A & M University
- University of Houston Law Center
Areas of Practice
Associations & Memberships
- American Association of Justice:
Member
- Texas Trial Lawyers Association:
Member