Houston's construction industry has experienced consistent growth over the years due to a booming population, expanding businesses, reasonable tax rates, and increasing infrastructure needs. The city's position as an energy hub as well as its diverse economy has fueled the demand for construction projects. In 2020, the construction industry alone contributed 6.3% of GDP in Houston, which translated to nearly $31 billion for the year.
While the construction industry in Houston provides good employment opportunities, it also holds potential dangers for its hardworking labor force. When accidents occur on construction sites in the city, lives can be forever changed. According to some analysts, three construction worker deaths per week occur in the Houston metropolitan area.
If you have suffered injuries in a construction accident or a loved one lost their life due to wrongful death on a construction site you do not have to struggle alone. The dedicated Houston construction accident lawyers at Miller Weisbrod Olesky are here to stand by your side, offering understanding and aggressive legal action to protect your rights. With a deep understanding of Houston's construction landscape and its laws, we are committed to fighting for the maximum financial compensation 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.
This is my first time needing a law firm and I can’t think of anyone better, they were extremely courteous, and determined to get me exactly what I am owed. I can’t thank them enough for what they have done for me they really do care when it comes to their clients!
Ryan
Miller Weisbrod Olesky Client
Steps You Should Take if You are Injured in a Houston Construction Site Accident
Seek Immediate Medical Attention
Your health and safety are the top priority. If you are injured on a construction site in Houston, seek immediate medical attention, either by calling for an ambulance or going to the nearest hospital or medical facility. Even if you believe your injuries are minor, it's essential to get a thorough medical evaluation, as some injuries may not be immediately apparent.
Report the Accident
Notify your supervisor, foreman, or employer about your construction site accident as soon as possible. Make sure the incident is documented in writing, and keep a copy for your records. If there were witnesses to the accident, try to get their contact information.
Document the Scene
If you can do so safely, take photos or videos of the accident scene, including any hazardous conditions on the construction site that may have contributed to the accident. This documentation can be valuable later when assessing liability and building your case.
Gather Information
Obtain the names and contact information of any other individuals involved in the construction accident, including coworkers or contractors. Also, note the names and contact information of any witnesses who saw the incident.
Preserve Evidence
As far as possible, you should preserve any construction equipment, tools, or materials involved in the accident without altering their condition. This evidence might be crucial for determining the cause of the accident.
Consult with Our Attorneys
Contact the experienced Houston construction accident lawyers at Miller Weisbrod Olesky as soon as possible. We can help you get the best medical attention, guide you through the legal process, collect strong evidence to prove liability, and pursue the highest possible compensation on your behalf.
Follow Medical Advice
Comply with all medical instructions and attend follow-up appointments to ensure your injuries are properly documented and treated. Your medical records will be essential in establishing the extent of your injuries and their impact on your life.
Keep Records
Maintain a file with all relevant documents related to your construction accident, such as medical records, accident reports, correspondence with your employer or other construction company representatives, and any expenses related to the injury (e.g., medical bills, lost wages).
Remember that every construction accident case is unique, and the legal process in Houston can be complex. Having our experienced Houston construction accident attorneys on your side will put in you in a strong negotiating position because we will represent you with the full force of our legal knowledge, resources, and network to obtain the maximum settlement or jury verdict.
The "Fatal Four" Construction Hazards Identified by OSHA
The "Fatal Four" construction hazards, as identified by the Occupational Safety and Health Administration (OSHA), are the four leading causes of fatalities in the construction industry in Houston. These hazards are responsible for the majority of construction worker deaths each year. OSHA emphasizes the importance of addressing these risks to improve safety standards and reduce fatalities in the construction sector. The "Fatal Four" construction hazards are:
Falls from Heights: Falls from heights are the most common cause of fatalities in construction. They occur when workers fall from elevated surfaces such as ladders, scaffolds, roofs, or other platforms. Faulty fall protection equipment, lack of proper safety measures, and unsafe working conditions contribute to fall-related accidents.
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 Houston Construction Accident Lawyers obtained settlement of $5,500,000.
Struck-By Incidents: Struck-by incidents happen when construction workers are hit by objects or equipment. This can include being struck by falling debris, equipment, vehicles, or materials. Inadequate signaling, poor communication, and failure to establish exclusion zones are factors that contribute to these accidents.
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.
Electrocutions: Electrocutions occur when construction site workers are exposed to live electrical sources. This can happen due to contact with overhead power lines, unsafe use of electrical equipment, or faulty wiring. Lack of proper training and failure to de-energize electrical circuits during maintenance can lead to electrocution risks.
Caught-In/Between Accidents: Caught-in/between accidents happen when a construction worker is caught, crushed, or compressed between objects or equipment. This includes incidents such as getting caught in moving machinery or between a moving and a stationary object. Inadequate machine guarding and lack of proper safety procedures contribute to these accidents at construction sites.
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.
Wrongful Death Laws Related to Construction Site Fatalities in Houston
In Houston, Texas, wrongful death laws provide legal recourse for the surviving family members and dependents of construction workers who have died due to the negligence, wrongful act, or omission of another party. When a construction worker loses their life in a workplace accident, their family may have grounds to pursue a wrongful death claim.
In Houston, the right to file a wrongful death claim in a construction site accident typically belongs to the surviving spouse, children, and parents of the deceased. If there is no surviving spouse, children, or parents, other family members may have the right to file the claim.
Time Limit (Statute of Limitations)
In Houston, TX, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased construction worker’s death. Failing to file within this time frame may result in the loss of the right to seek compensation.
Burden of Proof
To succeed in a wrongful death claim related to a construction site fatality, the plaintiff (the surviving family member or dependent) must establish that the death was caused by the negligence or wrongful act of another party, such as the construction company, contractor, or another individual associated with the project.
Damages Available
The damages that may be sought in a wrongful death claim in a Houston construction accident can include economic damages (such as funeral expenses, medical bills, and lost income), as well as non-economic damages (such as pain and suffering, loss of companionship, and emotional distress).
Comparative Negligence
Houston, Texas follows a modified comparative negligence rule, which means that the compensation awarded in a wrongful death claim may be reduced if the deceased construction worker is found to be partially at fault for the accident. If the decedent's fault is determined to be 51% or more, their surviving family may not be eligible to recover damages.
Workers' Compensation and Third-Party Claims
If the construction worker's employer in Houston provides workers' compensation insurance, the family may be eligible to receive death benefits through workers' compensation. Additionally, if the fatality resulted from the negligence of a third party, such as a subcontractor, equipment manufacturer, or property owner, the family may have grounds for a separate wrongful death claim against that party.
Types of Construction Accident Injury Claims and Lawsuits in Houston
Construction accident injury claims and lawsuits can arise from a variety of incidents on construction sites in Houston that cause serious injuries to the workers, bystanders, or others at the site. These may include:
Personal Injury Claims: Personal injury claims are filed by construction workers who suffer injuries on the job due to the negligence of a third party, such as property owners, contractors, subcontractors, architects, engineers, construction equipment manufacturers, maintenance providers or other parties involved in the project.
Premises Liability Claims: Premises liability claims involve accidents that occur on construction sites due to hazardous conditions on the property, such as unsafe walkways, poorly maintained structures, or inadequate signage.
OSHA Violation Claims: If a construction accident occurs due to a violation of Occupational Safety and Health Administration (OSHA) regulations, injured construction workers in Houston may file claims based on OSHA violations by their employer or other parties involved in the project.
Product Liability Lawsuits: Product liability lawsuits may be filed against manufacturers or distributors of defective construction equipment or machinery that caused an accident and resulted in injuries or fatalities.
Workers' Compensation Claims: In many cases, construction workers in Houston are covered by workers' compensation insurance provided by their employers. Workers' compensation claims can be pursued concurrently with third party liability claims in order to obtain compensation from all possible sources.
Which Parties Could be Held Liable for Your Construction Accident and Injuries in Houston?
Several parties can potentially be held liable for construction accidents, depending on their roles, responsibilities, and the circumstances surrounding the incident. Our Houston construction accident lawyers at Miller Weisbrod Olesky will identify and prove the liability of all negligent parties in order to maximize your compensation.
Employers and Contractors
One of the primary parties that could be held liable for a construction accident in Houston is the employer or the contracting company overseeing the project. Employers have a legal obligation to provide a safe working environment for their employees. This includes ensuring that proper safety protocols are in place, providing necessary training, and maintaining equipment and machinery in good working condition. Failure to meet these obligations can result in the employer being held liable for any accidents that occur on the construction site.
Property Owners
Property owners in Houston who are involved in construction projects can also be held liable for accidents and injuries on their premises. While they might not directly manage the construction work, property owners have a responsibility to ensure that the construction site is reasonably safe for workers, visitors, and bystanders. Negligence on the part of the property owner in maintaining safe conditions can lead to them being held liable for accidents that occur on the site.
General Contractors
General contractors are responsible for managing various aspects of a construction project. They often subcontract specific tasks to specialized workers and companies. If a Houston construction accident occurs due to the negligence of a subcontractor or a failure in coordinating different tasks, the general contractor might be held liable. General contractors have a duty to oversee the entire construction process and ensure that all safety measures are being followed by subcontractors.
Subcontractors and Third Parties
Subcontractors, who are hired by the general contractor to complete specific portions of the project, can also be held liable if their actions or negligence lead to a construction accident in Houston. If a subcontractor fails to adhere to safety regulations, uses faulty equipment, or doesn't provide proper training to their employees, they could be deemed responsible for resulting accidents.
Third parties not directly involved in the construction project might also bear liability in certain situations. For instance, manufacturers of defective construction equipment or machinery could be held accountable if their products malfunction and cause accidents.
Engineers and Architects
The design and planning phase of a construction project plays a critical role in ensuring the safety of the structure. If a construction accident occurs due to faulty design, inadequate planning, or errors in architectural drawings, the engineers and architects involved in the project might be held liable for the resulting injuries. Their professional expertise carries a responsibility to create safe and structurally sound designs.
Construction Equipment Manufacturers
Construction equipment manufacturers have a responsibility to design, produce, and distribute machinery that meets industry safety standards. If a piece of equipment is defective due to a design flaw, manufacturing error, or inadequate testing, and this defect leads to a construction accident in Houston, the manufacturer could be held liable. Defects might include malfunctioning controls, weak materials, improper assembly, or inadequate warning labels and instructions.
Equipment Maintenance Providers
Maintenance companies play a key role in ensuring that construction equipment remains in safe and operational condition. If a maintenance provider negligently performs repair and maintenance or fails to address potential safety issues, and this negligence results in a construction accident, they could be held liable for their substandard service.
Maintenance providers are also responsible for conducting thorough inspections and tests to ensure that equipment is functioning as intended. If an accident occurs due to an equipment malfunction that should have been identified during an inspection, the maintenance provider could be deemed liable for neglecting their duty.
Government Entities and Inspectors
Government agencies often play a role in regulating and overseeing construction projects in Houston to ensure compliance with building codes and safety standards. If an accident occurs due to a failure in inspections, inadequate adherence to codes, or lack of proper permits, the relevant government entity or inspector could potentially be held liable.
The circumstances and nature of your construction site accident will determine the appropriate legal course of action. If you or a loved one has been involved in a construction accident, get in touch with our trusted Houston construction accident lawyers today to understand your rights and explore all potential legal avenues available to obtain maximum financial compensation. Your journey to justice begins with a phone call to Miller Weisbrod Olesky.
The Leader In Construction Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Construction Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding construction companies accountable and achieving multi-million dollar settlements and court verdicts for his clients. Clay has handled construction accident cases in all major cities in Texas and numerous smaller counties. In one recent trial, Clay won a construction accident verdict of $26,500,000 for his client who suffered a spinal cord injury after a construction accident fall.
Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.
Clay is a past president of the Dallas Trial Lawyers’ Association and served as Chair of the Advocates for the Texas Trial Lawyer Association where he continues to serve on the board of directions. Clay is also a member of the elite American Board of Trial Advocates (ABOTA) limited to a select group of trial lawyers who have tried to a jury verdict a significant number of cases and who are recognized for their professionalism.
Clay is regularly invited to speak to Trial Lawyer Groups around Dallas, Houston, San Antonio, Austin, and across the state of Texas on the topics of construction accidents, trial tactics in complex construction cases and techniques to investigate and gather evidence in construction accidents, picking a jury in construction accident cases, as well as how to prepare a winning legal and trial strategy in Construction Accident Cases throughout Texas.
Our construction accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Miller Weisbrod Olesky Texas Construction Accident Lawyers
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay's most recent victories include when general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Construction Accident Attorney, Clay Miller tried the case in Texas, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
