Fall Protection On Construction Sites In Texas
Construction sites are dynamic and bustling environments where various tradespeople and workers come together to bring ambitious projects to life. Amid the energy and progress, safety remains a paramount concern. One of the most significant risks in the Texas construction industry is the potential for falls from heights. These falls can lead to severe personal injuries and even fatalities, underscoring the critical importance of robust fall protection measures.
The nature of construction work often involves tasks performed at heights – on scaffolds, rooftops, elevated platforms, and more. Workers are exposed to the ever-present danger of losing balance, encountering slippery surfaces, or inadvertently stepping over unprotected edges. The consequences of such falls are usually catastrophic, devastating the lives of injured construction workers and their families.
Construction Accident Lawyers Near Me
Facing the aftermath of a construction accident involving a fall from heights can be overwhelming. At Miller Weisbrod Olesky, we understand the seriousness of these situations and are here to help you navigate the legal complexities. Our experienced team of construction accident lawyers in Texas is dedicated to advocating for your rights and seeking the justice you deserve.
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.
Falls from Heights in the Construction Industry:
Survey Insights by CPWR
According to OSHA, falls from heights are the number one cause of fatalities and wrongful death in the construction industry in Texas. The US Bureau of Labor Statistics (BLS) recorded that 368 construction workers lost their lives due to falls in 2020. It's noteworthy that fall protection within the construction sector has consistently topped the list of OSHA violations every year since 2011.
In 2021, the Center for Construction Research and Training (CPWR), with the support of the American Society of Safety Professionals (ASSP), conducted a comprehensive survey aimed at identifying the root causes of falls from heights in the construction industry. The 20-page Fall Experience Survey Report published by CPWR provided the following key insights:
- Respondents overwhelmingly identified a lack of planning as a critical underlying factor leading to falls. Insufficient or ineffective planning emerged as the primary reason for falls, with 27.4 percent of participants selecting it.
- The absence of planning is closely tied to a decreased likelihood of employing fall protection measures. Individuals working under employers who lacked effective planning exhibited 71 percent lower odds of using fall protection.
- Strikingly, almost half of the respondents (48.8 percent) indicated that no fall protection measures were in place during the time of their fall from height incidents.
- The personal beliefs of employees regarding their company's fall protection policy have a strong correlation with their actual use of such protective measures. Respondents who perceived fall protection as a requirement were eight times more likely to use it.
- The significance of rescue training in curbing fall-related fatalities became evident. Construction workers equipped with self-rescue training demonstrated 76 percent lower odds of experiencing fatal falls.
- A notable finding pointed to subcontracted workers facing a much higher risks of fatal falls. Those employed by subcontractors were 2.7 times more prone to succumb to fatal falls compared to their counterparts working under general contractors.
While working on a roof, our client was moving decking when he fell through a hole. As a result, our client was left paralyzed. Our Texas Construction Accident Lawyers obtained a settlement of $5,500,000.
Harnesses as a Fall Protection Device for Construction Workers
Harnesses are an important fall protection device for construction workers and are very effective to prevent accidents and personal injury due to falls from heights. Harnesses used in construction for fall protection are regulated under the Occupational Safety and Health Administration (OSHA) standard 29 CFR 1926.502, titled "Fall Protection Systems Criteria and Practices". Here's an overview of how harnesses function as a fall protection device:
Components of a Harness
A fall protection harness is a full-body safety device designed to distribute the forces of a fall across the body's strongest areas, reducing the risk of serious injury. A typical harness consists of the following components:
- Shoulder Straps: These go over the shoulders and hold the upper body of the worker.
- Leg Straps: These wrap around the thighs to secure the lower body.
- Chest Strap: This connects the shoulder straps across the chest.
- Dorsal D-ring: Located between the shoulder blades, this is the attachment point for the lanyard or lifeline.
- Hip Belt: Some harnesses include a hip belt that provides additional support and weight distribution.
Connection to Lifelines or Lanyards
The dorsal D-ring on the back of the harness serves as an attachment point for lifelines or lanyards. These devices connect the harness to an anchor point, such as a secure structure or anchorage point specifically designed to withstand the force of a fall.
Fall Arrest Function
In the event of a fall, the harness plays a critical role in the fall arrest system. When a fall occurs, the energy-absorbing lanyard or lifeline extends, slowing down the fall. The harness keeps the worker's body properly aligned and distributes the impact forces across the shoulders, chest, hips, and thighs, minimizing the risk of injury.
Suspension and Relief Straps
Some harnesses are equipped with suspension and relief straps that allow a construction worker to stand upright in their harness after a fall. This helps prevent blood circulation issues that can arise from prolonged hanging in the harness.
Sizing and Fit
Proper sizing and fitting of the harness are essential for its effectiveness. An ill-fitting harness can lead to discomfort, reduced mobility, and even compromised fall protection. Workers should be trained to adjust and wear the harness correctly to ensure a snug fit without causing undue pressure.
Inspection and Maintenance
Regular inspection and maintenance of harnesses are vital. Harnesses should be inspected before each use to ensure they are free from defects, wear, and damage. Any damaged harness should be taken out of service immediately.
Training
Proper training is essential for construction workers to understand how to don and adjust the harness correctly, how to connect to lifelines or lanyards, and how to work safely at height while wearing the harness.
Using harnesses as part of a comprehensive fall protection plan is vital to ensuring the safety of construction workers in Texas working at elevated heights. Employers should provide the necessary equipment, training, and supervision to ensure that harnesses are used effectively and in accordance with safety regulations.
Personal Fall Arrest Systems (PFAS)
Fall Protection Device for Construction Workers
Personal Fall Arrest Systems (PFAS) are essential fall protection devices used in the Texas construction industry to prevent falls from heights. A PFAS is a combination of equipment that helps protect workers by stopping a fall before it results in injury. Specifically, subsection 29 CFR 1926.502(d) outlines the requirements for personal fall arrest systems, including components such as harnesses, lanyards, lifelines, and anchor points.
Components of a Personal Fall Arrest System
- Full-Body Harness: The harness is worn by the worker and has multiple attachment points, including shoulder straps, leg straps, a chest strap, and a dorsal (back) D-ring. The harness securely holds the worker and distributes the forces of a fall across the body.
- Lanyard or Lifeline: The lanyard or lifeline is a flexible line that connects the worker's harness to an anchor point. It’s typically made of strong synthetic materials capable of withstanding the forces generated during a fall.
- Shock Absorber: Many PFAS include a shock-absorbing component, often referred to as a shock pack or energy absorber. This component helps reduce the impact forces on the worker's body during a fall.
- D-Rings and Connectors: The dorsal (back) D-ring on the harness is the attachment point for the lanyard or lifeline. Some harnesses also have frontal D-rings for specific work tasks. Connectors like carabiners link the lanyard or lifeline to the D-rings and anchor points.
- Anchor Point: An anchor point is a secure and stable structure to which the worker's lanyard or lifeline is attached. Anchor points must be designed and rated to handle the anticipated fall forces.
Function of a Personal Fall Arrest System
- Preventing Falls: When working at height, the worker attaches their lanyard or lifeline to a suitable anchor point using the connectors. If the worker slips or falls, the PFAS activates to arrest the fall before the worker reaches the ground or a lower level.
- Energy Absorption: If a fall occurs, the shock-absorbing component of the PFAS (shock pack or energy absorber) deploys. This component extends and absorbs the energy of the fall, reducing the impact forces on the worker's body and minimizing the risk of injury.
- Proper Body Alignment: The full-body harness plays a crucial role in maintaining proper body alignment during a fall. It ensures that the impact forces are distributed across the shoulders, chest, hips, and thighs, rather than being concentrated in one area.
Proper Use and Maintenance
- Workers must be trained to properly inspect, wear, and adjust their harness, lanyard, and connectors.
- The PFAS should be inspected before each use to check for signs of wear, damage, or defects.
- Damaged or worn components should be replaced immediately to maintain the integrity of the fall protection system.
Training and Compliance
Employers are responsible for providing proper training to construction workers using PFAS. This includes understanding how to properly attach the equipment, inspect it for defects, and respond in the event of a fall. Compliance with OSHA standards is essential to ensure a safe working environment.
Guardrails and Barriers as a Fall Protection Device for Construction Workers
Guardrails and barriers are passive fall protection devices commonly used in the construction industry to prevent accidents and injuries caused by falls from elevated work surfaces. These devices provide a physical barrier between workers and the edge of a platform, walkway, or other elevated area.
Subsection 29 CFR 1926.502(b) specifically addresses the requirements for guardrail systems and covers both standard guardrails and safety net systems. It outlines the criteria for the construction, placement, and usage of guardrails as protective barriers to prevent falls from elevated work surfaces. Here's an overview of guardrails and barriers as fall protection measures:
Purpose of Guardrails and Barriers
Guardrails and barriers are designed to prevent accidental falls by creating a protective barrier that workers cannot easily step or fall over. They serve as a primary means of protection by eliminating the need for active engagement (like wearing a harness and connecting to an anchor point).
Components of Guardrails
- Top Rail: The top rail is the uppermost horizontal component of the guardrail system. It provides a handhold and helps prevent workers from leaning or falling over the edge.
- Mid Rail: The mid rail is positioned between the top rail and the base of the guardrail. It adds an extra level of protection and prevents workers from slipping under the top rail.
- Toe Board: The toe board is a vertical barrier placed at the base of the guardrail. It prevents tools, equipment, and materials from falling over the edge and serves as a physical reminder to workers to stay away from the edge.
Types of Barriers
- Permanent Guardrails: These are fixed guardrails installed along the edges of permanent structures such as rooftops, balconies, and elevated walkways.
- Temporary Guardrails: Temporary guardrails are often used during construction or maintenance activities. They can be easily installed and removed as needed.
- Barricades: Barricades are portable barriers that can be placed around hazardous areas or work zones. They prevent unauthorized access and protect workers from falling into dangerous areas.
Benefits of Guardrails and Barriers
- Passive Protection: Guardrails and barriers provide continuous protection without requiring workers to actively engage with the equipment. This reduces the chances of human error or oversight.
- Visibility: The presence of guardrails and barriers acts as a clear visual indication of safe boundaries, making it easier for workers to identify safe work areas.
- Ease of Use: Workers can move freely within the protected area without needing to wear additional equipment like harnesses.
Compliance and Training
- Regulations: Guardrails and barriers must comply with applicable safety regulations, such as those set by OSHA. These regulations outline the specific requirements for guardrail heights, strength, and other design considerations.
- Training: Workers should be educated about the importance of guardrails and barriers, how to recognize potential hazards, and how to work safely near unprotected edges.
Maintenance and Inspection
Regular Inspection: Guardrails and barriers should be regularly inspected to ensure they are in good condition. Any signs of damage or deterioration should be addressed promptly.
Scaffolding Safety to Ensure Fall Protection for Construction Workers
Scaffolding safety is a key aspect of ensuring fall protection for construction workers who perform tasks at elevated heights. Scaffolding, when not properly erected, maintained, or used, can lead to serious accidents and falls.
Scaffolding Accident:
Our client was working for a town in Texas, when the General Contractor and Masonry Subcontractor required him to use a corroding and unsafe scaffold to complete a job. The weakened scaffold was unable to support our client; causing him to lose balance and fall 15 feet to the ground leaving him a paraplegic. Miller Weisbrod Olesky's Construction Accident Lawyers got our client $5,000,000.
Under 29 CFR 1926.451, employers are responsible for ensuring that scaffolding is erected, dismantled, and used in a manner that protects workers from potential fall hazards. The standard covers various types of scaffolding, including supported scaffolds, suspended scaffolds, and aerial lifts. Here's an overview of scaffolding safety measures to prevent accidents and protect construction workers:
Proper Erection and Inspection
- Competent Personnel: Scaffolding should be erected, altered, or dismantled only by trained and competent personnel who understand the design, components, and safety requirements.
- Foundation: Ensure that the scaffolding is erected on a solid and stable foundation. Uneven or unstable ground can lead to scaffold instability.
- Plumb and Level: The scaffold should be erected vertically (plumb) and horizontally (level) to maintain stability and prevent tilting or collapsing.
- Proper Bracing: Diagonal and horizontal braces should be used to provide stability to the scaffold structure and prevent swaying.
Guardrails and Toe Boards
- Guardrails: Install guardrails on all open sides and ends of scaffolding platforms that are 10 feet (3 meters) or more above the ground or lower level. The top guardrail height should be around 42 inches (1.07 meters) with a mid-rail at about 21 inches (0.53 meters) from the top rail.
- Toe Boards: Install toe boards along the edges of scaffold platforms to prevent tools, equipment, or materials from falling and to serve as a visual reminder of the platform's edge.
Platform Stability
- Secure Planking: Ensure that scaffold platforms are constructed with secure and appropriate planking that extends fully from end to end, with no gaps or overhangs.
- Overloading: Do not overload scaffold platforms with excessive weight beyond their rated capacity, including tools, equipment, and workers.
Access and Egress
- Safe Access: Provide safe means of access to scaffolding platforms, such as ladders or stair towers. Avoid using cross-bracing as a means of access.
- Stair Towers: Use stair towers for access to scaffolding when the scaffold height exceeds 20 feet (6 meters).
Regular Inspections and Maintenance
- Daily Inspections: Before each work shift, conduct a visual inspection of the scaffold to identify any potential hazards, damage, or missing components.
- Weekly Inspections: More thorough weekly inspections should be performed by a competent person to ensure the scaffold's ongoing safety.
- Immediate Repairs: Any damaged or compromised components should be repaired or replaced immediately. The scaffold should not be used until repairs are completed.
Training
- User Training: Workers who use or work on scaffolding should receive proper training in scaffold safety, including erecting, using, and dismantling scaffolds.
If you or a loved one has been affected by a fall from heights on a construction site, don't face this challenge alone. Our Texas construction fall injury attorneys at Miller Weisbrod Olesky have a proven track record of multi-million dollar verdicts and settlements in cases involving construction accidents, and we're ready to stand by your side. Our tenacious legal representation will ensure your voice is heard, your damages are compensated, and your rights are protected.
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.
Aerial Lifts and Elevated Work Platforms and Fall Protection
Aerial lifts and elevated work platforms are mechanical devices used in construction and maintenance to raise workers, tools, and equipment to elevated areas. These devices provide a safe and efficient way for workers to perform tasks at height. However, their use requires proper training, maintenance, and adherence to safety guidelines to prevent accidents and injuries.
Aerial lifts and elevated work platforms in construction are regulated by the Occupational Safety and Health Administration (OSHA) under the standard 29 CFR 1926.453, titled "Aerial Lifts". This standard provides comprehensive guidelines for the safe use of aerial lifts, also known as mobile elevated work platforms (MEWPs), in construction activities.
Types of Aerial Lifts and Elevated Work Platforms
- Boom Lifts (Articulating and Telescopic): These lifts have extendable arms (booms) that can be maneuvered to access difficult-to-reach areas. Articulating boom lifts have hinged sections that allow for more flexible movement, while telescopic boom lifts have straight, extendable booms.
- Scissor Lifts: These lifts have a platform that moves vertically, supported by crisscrossing metal supports resembling scissors. They are commonly used for vertical access.
- Vertical Personnel Lifts: These lifts are compact and designed for one or two workers. They are suitable for indoor tasks and are often used in tight spaces.
- Aerial Ladders: These are truck-mounted platforms with extendable ladders that provide access to elevated areas. They are often used by fire departments and utility workers.
Safety Considerations for Aerial Lifts and Elevated Work Platforms
- Training and Certification: Only trained and certified operators should operate aerial lifts. Training should cover proper operation, safety procedures, emergency protocols, and recognizing potential hazards.
- Pre-Use Inspection: Operators must conduct a thorough pre-use inspection before each shift to ensure the lift's proper functioning and safety features.
- Fall Protection: Workers in aerial lifts must wear personal fall arrest systems (harnesses, lanyards, and anchor points) if there is a risk of falling.
- Proper Setup: Ensure the lift is set up on a stable and level surface. Use outriggers, stabilizers, or wheel chocks as required by the manufacturer's guidelines.
- Load Capacity: Do not exceed the lift's maximum load capacity, including the weight of workers, tools, and materials.
- Operational Guidelines: Follow the manufacturer's guidelines for safe operation, including weight limits, platform capacity, and wind speed restrictions.
- Clearance and Hazards: Be aware of overhead obstructions, power lines, and other hazards in the work area. Maintain a safe distance from electrical sources.
- Emergency Procedures: Operators and workers should know the location and operation of emergency shut-off switches and controls.
- Communication: Maintain clear communication between the operator and workers on the platform. Use appropriate hand signals or communication devices.
- Weather Conditions: Avoid using aerial lifts during adverse weather conditions, such as high winds or storms.
- Proper Exit: Workers should exit the platform only at ground level unless there is an emergency procedure in place.
- Regular Maintenance: Aerial lifts should undergo regular inspections and maintenance by qualified personnel to ensure their safe operation.
Safety Nets for Fall Protection
Safety nets are fall protection devices commonly used in construction and other industries to prevent injuries and fatalities resulting from falls from elevated work surfaces. Safety nets provide a passive form of protection by creating a safety barrier that catches workers, tools, or materials in the event of a fall.
Subsection 29 CFR 1926.502(c) specifically addresses the requirements for safety net systems. Safety nets are passive fall protection systems designed to catch falling workers, tools, or materials, thereby preventing or reducing the severity of injuries.
Types of Safety Nets
- Vertical Safety Nets: These nets are positioned vertically beneath elevated work areas to catch falling objects and workers. They are typically used in construction sites where there's a risk of tools or debris falling onto lower levels.
- Horizontal Safety Nets: These nets are installed horizontally at a lower level to catch workers in the event of a fall. They are commonly used in construction sites where workers are exposed to potential fall hazards.
Benefits of Safety Nets
- Passive Protection: Safety nets provide continuous protection without requiring workers to wear harnesses or take any active action.
- Catching Falling Objects: Safety nets not only protect workers but also prevent tools, equipment, and debris from falling and potentially causing harm to people below.
- Reduced Impact: When a worker falls onto a safety net, the net absorbs some of the impact forces, reducing the risk of severe injury.
- Safe Landing Surface: Safety nets provide a cushioned landing surface for workers, helping to prevent injuries that might occur from hitting a hard surface.
Installation and Use
- Proper Installation: Safety nets must be properly installed by trained professionals to ensure they are correctly positioned and securely anchored.
- Clearance: Safety nets should have adequate clearance from the surface they are installed under to allow for proper deployment.
- Inspection: Safety nets should be regularly inspected for any signs of damage, wear, or deterioration. Damaged nets should be replaced immediately.
Training and Communication
- Training: Workers should be trained in how to properly use safety nets, including the correct way to position themselves when working near or above the nets.
- Communication: Clear communication is essential between workers using safety nets and those working above or around them to avoid unintended entanglement or displacement.
Limitations and Considerations
- Minimum Fall Height: Safety nets are typically recommended for work areas where the fall height exceeds a certain threshold, as they require a certain distance to deploy and absorb impact forces effectively.
- Proximity to Hazardous Materials: Safety nets should not be used near hazardous materials or processes that could damage the net's integrity.
- Regular Inspection and Maintenance: Safety nets should be inspected regularly to ensure they remain in good condition and can function effectively when needed.
Leading Edge Protection on Construction Sites
Leading edge protection is a fall protection measure designed to prevent falls that occur at the edge of a surface, such as a roof, floor, or platform, where guardrails or other protective barriers are not present. It involves using specialized devices and systems to mitigate the risks associated with working near unprotected edges. Leading edge protection is crucial in industries such as construction, roofing, and steel erection where workers are exposed to these hazards.
Subsection 29 CFR 1926.502(h) specifically addresses requirements for leading edge protection systems. Employers are responsible for providing and ensuring the use of suitable leading edge protection systems when workers are exposed to fall hazards at unprotected edges of work surfaces. The standard outlines the criteria for the design, construction, installation, and usage of leading edge protection systems to ensure the safety of workers engaged in construction activities at elevated locations.
Types of Leading Edge Protection
- Leading Edge Devices: These are physical barriers or devices that are attached to the edge of a surface to prevent workers from accidentally falling over. They can include guardrails, brackets, and other specialized systems designed to withstand the force of a fall.
- Temporary Guardrails: Temporary guardrails can be set up at leading edges to provide a protective barrier during construction or maintenance activities.
- Engineered Systems: Some systems are designed specifically for leading edge protection, utilizing advanced engineering to provide effective fall arrest capabilities.
Key Considerations
- Distance from Edge: Leading edge protection should be placed a safe distance from the actual edge to allow workers adequate space to work comfortably without risking a fall.
- Anchorage Points: Systems that provide leading edge protection need to be securely anchored to ensure they can withstand the force of a fall without collapsing.
- Fall Arrest vs. Fall Restraint: Leading edge protection can serve as fall arrest systems, which stop a fall in progress, or fall restraint systems, which prevent workers from reaching the edge entirely.
Advantages of Leading Edge Protection
- Continuous Protection: Leading edge protection provides constant protection to workers who are performing tasks near unprotected edges, reducing the risk of falls.
- Reduced Fall Distance: In the event of a fall, leading edge protection systems can reduce the distance a worker falls before being arrested, potentially minimizing the severity of injuries.
- Flexibility: Leading edge protection systems can be tailored to various work environments and edge configurations, making them adaptable to different situations.
Notable Safety Issues
- Proper Installation: Leading edge protection systems need to be installed correctly to ensure their effectiveness. Poor installation can lead to system failure in the event of a fall.
- System Design: The design of the protection system should take into account factors such as the weight of the worker, the force generated during a fall, and the angle of the fall.
- Maintenance: Regular inspection and maintenance are essential to ensure that the protection system remains in good working condition.
Personal Protective Equipment (PPE) for Fall Protection on Construction Sites
Personal Protective Equipment (PPE) plays a significant role in fall protection on construction sites in Texas, where the risk of falls from heights is a major concern. PPE designed for fall protection helps safeguard workers by reducing the risk of injury in case of a fall.
Personal Protective Equipment (PPE) requirements in construction are regulated by the OSHA under the standard 29 CFR 1926.28. This standard provides guidelines for the selection, use, and maintenance of various types of PPE to protect workers from hazards present in construction environments. Here's an overview of the PPE commonly used for fall protection on construction sites:
- Full-Body Harness: A full-body harness is a critical component of fall protection. It distributes the forces of a fall across the body, reducing the risk of severe injuries. Key features include shoulder straps, leg straps, chest straps, and dorsal D-rings for attaching lanyards or lifelines.
- Lanyards and Lifelines: Lanyards and lifelines are attached to a worker's harness and are connected to anchor points. They arrest falls and absorb impact forces. Varieties include shock-absorbing lanyards, self-retracting lifelines, and vertical lifelines.
- Anchor Points: Anchor points are secure attachment points to which lanyards, lifelines, or other fall protection equipment are connected. They must be able to support the forces generated during a fall.
- Self-Retracting Lifelines (SRLs): SRLs are devices that automatically retract and adjust as a worker moves, maintaining tension in the lanyard. They provide freedom of movement while ensuring fall protection.
- Vertical Lifelines: Vertical lifelines are used in conjunction with harnesses and lanyards. They allow workers to ascend or descend safely, particularly in confined spaces or during rescue operations.
- Fall Arrest Systems: Fall arrest systems consist of harnesses, lanyards, and anchor points. They are designed to stop a fall in progress and limit the forces on a falling worker's body.
- Suspension and Relief Straps: Some harnesses have suspension and relief straps that allow a worker to stand upright in the harness after a fall, reducing pressure on the legs and aiding circulation.
- Helmets: Helmets protect the head from impact and falling objects, which can be particularly important when working on scaffolding or elevated surfaces.
- Gloves and Footwear: Gloves protect hands from abrasions and cuts, while proper footwear prevents slips, trips, and falls.
- Communication Equipment: When working at height, communication devices ensure clear communication between workers, helping coordinate activities and ensuring safety.
- Training and Compliance: Workers should receive training in the proper selection, use, fitting, inspection, and maintenance of fall protection PPE.
- Employers must comply: with relevant safety regulations, such as those set by OSHA, and ensure that PPE is in good condition and used correctly.
Navigating the aftermath of a construction site accident, especially falls from heights, requires expert legal support. At Miller Weisbrod Olesky, we specialize in representing construction workers and families affected by such incidents in Texas.
Our skilled and resourceful Texas construction accident lawyers are dedicated to understanding the nuances of your case, advocating for your rights, and pursuing the rightful compensation on your behalf. If you or a loved one has suffered due to a fall from heights on a construction site, contact us today to schedule a free consultation.
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.
Click Here: for complete verdict information
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