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.
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:
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 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:
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:
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.
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.
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.
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.
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.
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.
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.
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 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:
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).
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 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:
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 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.
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.
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.
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:
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.
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'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.
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