Fort Worth, a vibrant city in Texas with a rich history and booming construction industry, has seen remarkable growth and development over the years and this will continue since Texas is attracting companies and workers from across the nation. As construction projects continue to shape the city's skyline, the safety and well-being of construction workers remains a critical concern.
There are strict federal safety regulations that apply to general contractors, subcontractors and other companies on a construction site. These safety regulations are issued by the Occupation Safety and Health Administration (known as “OSHA”). When employers violate these regulations or general contractors turn a blind eye to others on the site not following the regulations and a construction accident occurs, Texas law allows you to seek compensation from the responsible parties.
If you have been injured in a construction site accident in Fort Worth, or a loved one lost their life in such an accident, the dedicated Fort Worth construction accident lawyers at Miller Weisbrod Olesky are ready to fight for your right to maximum financial compensation. Your life and well-being matter above all else, and we will leave no stone unturned to prove the negligence of the liable parties and obtain the largest possible damages on your behalf.
Our goal is to makes sure you have the best lawyers fighting for you while you work to recover from 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.
OSHA Standards for Construction Worker Safety in Fort Worth
At Miller Weisbrod Olesky, our Fort Worth construction accident attorneys will investigate whether any OSHA violations by your employer, the general contractor, a subcontractor, equipment manufacturer or other third parties contributed to your accident and injuries. If our investigative team finds evidence of these violations and we will hire accident reconstruction and construction safety experts to determine how these OSHA violations contributed to the construction accident.
OSHA has developed a comprehensive set of construction standards (OSHA Laws & Regulations 1926) that cover various aspects of safety in construction sites. These standards are organized into different categories, addressing specific hazards and safety concerns. Some of the key construction standards include:
Fall Protection: OSHA's fall protection standards in construction aim to prevent falls from elevated surfaces such as roofs, scaffolds, and ladders. These regulations provide for fall protection (including safety harnesses, lanyards and ropes and, where required, guardrails) to be provided to all workers engaged in work 6 feet and higher above ground.
Excavation and Trenching Safety: OSHA’s excavation and trenching safety standards establish rules for safe excavation and trenching practices to prevent cave-ins, trench collapses and related accidents. The rules provide for worker protection to be designed and inspected by a “competent person” who make sure the slope of the trench is not too steep, know when to use extra equipment like “trench boxes” and “shoring” to prevent unintended collapse.
Cranes and Derricks Safety: OSHA’s cranes and derricks safety standards in construction cover operation, inspection, and maintenance requirements to ensure safe use. Crane operators have to be trained and certified. Daily inspections of the equipment, including the rigging most take place.
Lockout/Tagout (LOTO): OSHA’s LOTO standards are designed to protect workers from the unexpected startup of construction machinery or equipment during maintenance or repair.
Confined Spaces: OSHA’s confined spaces safety standards in construction provide guidelines for working safely in confined spaces, such as manholes, tanks, sewers and crawl spaces. Gas and oxygen monitoring requirements are included along with strict training and supervision requirements when entering a confined space.
Hazard Communication: OSHA’s hazard communication safety standards ensure that construction workers are informed about hazardous substances they may encounter on the job and how to handle them safely.
Personal Protective Equipment (PPE): OSHA’s PPE safety standards require employers to provide appropriate PPE to workers and train them on its usage to protect against various hazards.
Training and Education
OSHA places significant emphasis on providing training and education to construction workers and employers. Proper training helps workers understand the hazards they may encounter and how to use equipment and follow procedures to stay safe. Employers are responsible for providing training that is tailored to their specific worksite and tasks.
Enforcement and Inspections
OSHA conducts inspections of construction sites to ensure compliance with safety standards. Employers found to be in violation of OSHA regulations may face fines and penalties. The inspection process and its frequency vary based on the site's history, severity of potential hazards, and employee complaints.
Reporting and Record keeping
Employers are required to report severe injuries, fatalities, and certain work related illnesses to OSHA. Additionally, employers must keep records of workplace injuries and illnesses, which helps identify patterns and improve safety measures.
OSHA and Emerging Construction Technologies
As construction technologies evolve, OSHA adapts its regulations to address new hazards and risks. Whether it's the use of drones, augmented reality, or autonomous equipment, OSHA works to ensure worker safety in the ever-changing construction landscape.
OSHA regulations are designed to minimize those risks and protect workers from harm. Failure of construction companies and third parties operating on construction sites to comply with OSHA's construction safety standards could have led to your injuries or to the tragic loss of life of a family member. Get our Forth Worth construction accident lawyers at Miller Weisbrod Olesky on your side as soon as possible to pursue a strong claim for damages against all the at-fault parties.
How to Prove Liability in Your Construction Accident Claim in Fort Worth?
Proving liability in a construction accident injury claim in Fort Worth requires a thorough and well-documented approach. Since construction accidents can involve multiple parties and complex factors, it's essential to gather strong evidence to establish negligence and liability. Here are key steps our construction accident attorneys in Fort Worth will take to prove liability in a construction accident injury claim:
Prompt Investigation: We will begin the investigation immediately after you sign up with us. Our teams will move fast to preserve and document the accident scene, take photographs, and collect physical evidence before it is altered or removed.
Gather Witness Statements: Our in-house private investigators and attorneys will interview witnesses who might have been present at the time of your construction site accident. Their testimony can provide critical insights into how the accident occurred and who may be at fault.
Review Safety Records and Procedures: We will examine safety protocols, training records and safety manuals maintained by the construction company. Our lawyers will assess whether the company followed industry standards and complied with OSHA regulations.
Identify All Liable Parties: We will investigate and determine all the parties responsible for your construction site accident, such as the general contractor, subcontractors, property owner, equipment manufacturers, and any other relevant third parties that may be liable for your injuries.
Expert Witnesses: We will engage the services of top specialists, such as construction site safety experts, accident reconstruction specialist and medical professionals, to provide testimony and support your case with their authoritative testimony.
OSHA Violations: If there were any OSHA violations related to the accident, document and present this information as evidence of negligence.
Medical Documentation: Our legal team will help in obtaining comprehensive medical records detailing the extent and nature of your injuries. These records can link your injuries directly to the construction accident.
Calculation of Damages: We will carefully calculate both economic and non-economic damages and losses you incurred, including medical expenses, lost wages, pain and suffering, emotional distress, and future medical needs.
Establish Negligence: We will prove that the responsible party (or parties) owed a duty of care to you or your loved one, they breached that duty, and the breach directly caused the construction accident and subsequent injuries.
Legal Documentation and Filing: Our Fort Worth construction accident lawyers will meticulously prepare and file the necessary legal documents in a timely manner to initiate the personal injury claim as soon as possible.
Negotiation and Settlement: We will present comprehensive evidence and arguments to the insurance companies or defendants to seek maximum settlement amount for your injuries and losses.
Litigation if necessary: If a fair settlement cannot be reached, we will spare no effort and expense to proceed with litigation. Our team of trial attorneys will present robust evidence in court, and aggressively advocate for you or your loved one during the trial.
Types of PPE Required for Construction Worker Safety in Fort Worth
Personal Protective Equipment (PPE) is essential for ensuring the safety of construction workers by minimizing the risk of injury from various hazards present on construction sites. Different types of PPE are required based on the specific tasks and potential dangers faced by construction workers.
If the construction company or a contractor failed to provide or maintain proper PPE or was negligent in providing training and supervision for its correct use, our construction accident attorneys in Fort Worth will establish the negligence and hold them liable for maximum damages on your behalf.
Here are some common types of PPE used in construction and how they protect workers from injuries:
Fall Protection Equipment
Purpose: Fall protection equipment, such as harnesses and lanyards, prevents workers from falling from elevated surfaces.
Protection: It minimizes the risk of serious injuries or fatalities resulting from falls.
Hard Hats
Purpose: Hard hats protect the head from falling objects, impact from tools, and potential head injuries due to overhead hazards.
Protection: They distribute the force of impact and provide a cushioning effect, reducing the risk of severe head injuries.
Safety Glasses or Goggles
Purpose: Safety glasses protect the eyes from flying debris, dust, sparks, and other eye hazards present on construction sites.
Protection: They prevent eye injuries and maintain clear vision, ensuring workers can perform their tasks safely.
Safety Gloves
Purpose: Safety gloves protect the hands from cuts, abrasions, chemicals, and potential hand injuries while handling materials and tools.
Protection: They create a barrier between the skin and potential hazards, reducing the risk of hand injuries and chemical exposure.
Safety Footwear (Steel-toed Boots)
Purpose: Safety footwear protects the feet from falling objects, crushing hazards, and punctures from sharp objects on construction sites.
Protection: They provide impact resistance and prevent foot injuries, including fractures and punctures.
High-Visibility Vests or Clothing
Purpose: High-visibility clothing makes workers more visible to other workers and vehicle operators, reducing the risk of accidents and collisions.
Protection: It enhances situational awareness and helps prevent workers from being struck by vehicles or machinery.
Respiratory Protection
Purpose: Respiratory protection, such as dust masks or respirators, shields workers from inhaling hazardous dust, fumes, or airborne particles.
Protection: It prevents respiratory illnesses and protects the lungs from long-term damage due to exposure to harmful substances.
Hearing Protection (Earplugs or Earmuffs)
Purpose: Hearing protection safeguards the ears from loud noises and prevents hearing loss caused by prolonged exposure to construction site noise.
Protection: It reduces the risk of hearing damage and maintains workers' hearing health.
Tactics of Insurance Companies to Deny or Reduce their Liability in Construction Accident Cases in Fort Worth
Insurance companies in Fort Worth may employ various tactics to deny or reduce their liability in construction accident injury cases. While they have a duty to investigate claims in good faith and provide fair compensation, their primary goal is to protect their bottom line.
Our dedicated Fort Worth construction accident attorneys will anticipate and protect you against the unfair tactics used by insurance companies. With our extensive trial capabilities, proven track record, and a formidable courtroom reputation, the insurance company is much more likely to agree to a fair settlement rather than risk facing a jury against you.
Here some of the common tactics of insurers where our attorneys can guide and protect you:
Delaying Claims Processing: Insurance companies may intentionally delay processing your construction claim to put pressure on you to accept a lower settlement out of frustration or financial strain.
Disputing Liability: Insurers may challenge the liability of their policyholder (a construction company or contractor) and attempt to place blame on you or other third parties to avoid paying the claim.
Claiming Pre-Existing Conditions: They may argue that your construction injuries in Fort Worth were pre-existing or unrelated to the construction accident in order reduce the amount they are willing to pay.
Lowball Settlement Offers: Insurance companies in Fort Worth may make initial settlement offers that are far below the actual value of the claim, hoping that you will accept it to avoid a lengthy legal process.
Misinterpretation of Policy Coverage: Insurers in Fort Worth construction accidents may selectively interpret the policy language to exclude certain damages or aspects of the claim in an attempt to minimize your compensation.
Using Recorded Statements Against You: Insurance adjusters in Fort Worth may request recorded statements from you and use them to find inconsistencies or statements that can be used against the claimant to dispute their version of events.
Surveillance: In an attempt to find evidence that your construction accident injuries are not as severe as claimed, insurance companies in Fort Worth may hire private investigators to conduct surveillance on you.
Claim of Comparative Negligence: Insurers in Fort Worth construction accident cases may assert that you were 51% or more at fault for your own injuries, using comparative negligence laws in Texas to deny any compensation.
Medical Record Review: Insurance companies may scrutinize your medical records to identify pre-existing conditions or any gaps in medical treatment to minimize the value of your Fort Worth construction accident claim.
Offer of a Quick Settlement: Insurance companies in Fort Worth may pressure you to accept a quick settlement before the full extent of your construction injuries is known, hoping to resolve the case for much less than it is worth.
If you have suffered injuries in a construction accident or a loved one lost their life in such an accident, your journey to justice begins with a phone-call to us. Reach out to our award-winning Fort Worth construction accident lawyers for a free consultation and embrace the power of Miller Weisbrod Olesky as your unyielding defenders. We will fight to ensure that your voice is heard, and your rights are upheld. You deserve the maximum financial compensation you are entitled to under the law, and we will not rest until you receive it.
The Leader In Construction Accident Litigation
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 Fort Worth Construction Accident Lawyers
Miller Weisbrod Olesky
Miller Weisbrod Olesky's Personal Injury Lawyers help individuals and families nationwide pursue real financial recovery after another's negligence causes an accident or medical mistake that results in serious personal injury or wrongful death.
Call our offices today at (888) 987-0005 for experienced assistance in a free consultation.
Ms. Rosen: Mr. Weisbrod did a wonderful job on my son's case. I only wished that I had come to him sooner.
A. Springs: Mr. Weisbrod was a delight to work with. His knowledge and memory was exceptional. He treated my case with sensitivity and care and I was always confident and never doubtful that he would win my case.
D. Garcia: Whether you're in Dallas, Houston, or Austin, across Texas or around the nation, putting Miller Weisbrod on your legal team will push parties to settle.
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