Types of Electrical Injuries on Construction Sites In Texas
Construction sites in Texas are rife with potential hazards, and electrical injuries rank among the most serious and life-threatening. According to data from the National Fire Protection Association (NFPA) and the Census of Fatal Occupational Injuries (CFOI), construction workers face a heightened risk of accidental death due to electrocution.
Electrocution Accident Lawyers Near Me
Research studies highlighted by the CDC reveal that the risk of electrocution is significantly heightened among construction workers, with a likelihood approximately four times greater than that of workers across all other industries combined (Campbell and Dini 2016). The Occupational Safety and Health Administration (OSHA) recognizes the enduring and substantial threat posed by this hazard and has thus included electrocutions in the Focus Four Hazards for the construction industry.
Stemming from this, OSHA diligently conducts numerous inspections on construction sites annually. It's noteworthy that a significant portion of the ten most commonly cited OSHA violations involve concerns related to electrical safety. These encompass issues such as wiring methods, lockout/tagout procedures, and general requirements pertaining to electrical safety.
At Miller Weisbrod Olesky, our Texas construction site electrical injury attorneys are well-versed with the pertinent OSHA regulations imposed on construction companies, contractors, electrical equipment manufacturers and maintenance providers to ensure the safety of construction workers. We will investigate any potential OSHA violations that may have led to your electrical injuries on a construction site in Texas, and help you obtain the maximum compensation you are entitled to under the law.
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OSHA Regulations Related to the Prevention of Electrical Injuries on Construction Sites
The OSHA has several regulations aimed at preventing electrical injuries on construction sites in Texas and the rest of the country. One of the key standards that addresses electrical safety in construction is OSHA's "Construction -
Electrical" standard, found under 29 CFR 1926 Subpart K.
Here are some key aspects of OSHA's regulations related to electrocutions on construction sites:
General Electrical Safety (Subpart K)
Under Subpart K of 29 CFR 1926, OSHA outlines general requirements for electrical safety on construction sites. This includes provisions for the safe installation and use of electrical equipment, grounding of equipment, and protection against electric shock hazards.
Lockout/Tagout Procedures (Control of Hazardous Energy)
OSHA requires the implementation of proper lockout/tagout procedures to control hazardous energy when servicing or maintaining electrical equipment. These procedures ensure that equipment is de-energized and locked out before any maintenance or repair work begins. This standard is found under 29 CFR 1910.147 for general industry.
Ground-Fault Circuit Interrupters (GFCIs)
GFCIs are devices designed to protect against electrical shock hazards. OSHA mandates the use of GFCIs in various situations to prevent electrical accidents, particularly in areas where workers are exposed to wet conditions, such as during concrete work or in outdoor environments. Specifically, the use of GFCIs in construction is addressed in 29 CFR 1926.404(b)(1), which states that GFCIs must be used for all 120-volt, single-phase, 15- and 20-ampere receptacle outlets on construction sites, except in certain limited circumstances.
Electrical Protective Equipment
OSHA requires workers who may come into contact with live electrical parts to use appropriate electrical protective equipment, including insulated gloves, insulated tools, and other necessary gear to minimize the risk of shock. The specific requirements for electrical protective equipment can be found in various sections of this subpart, including:
- 29 CFR 1926.951 - Specific Purpose Equipment and Installations: This section addresses equipment and installations intended for specific purposes, such as cranes, derricks, and wiring methods.
- 29 CFR 1926.959 - Overhead Lines: This section outlines requirements for overhead power lines, including precautions to be taken when working near or around such lines.
- 29 CFR 1926.962 - Grounding for the Protection of Employees: This section deals with grounding requirements to ensure the safety of employees working with electrical equipment.
Overhead Power Lines
Construction Heavy Object Accident:
Our client was using a concrete mop under unguarded electrical lines when the handle of the mop made contact with the power lines, and was electrocuted. Our Construction Accident Lawyers got him a $1.5 Million Dollar Settlement.
Specific regulations are in place to address working near overhead power lines. OSHA provides guidelines for maintaining safe distances, using barriers and signs, and ensuring proper clearance when operating equipment or performing work in proximity to power lines. OSHA's regulations regarding overhead power lines and related safety measures for construction sites can be found under the following sections within Subpart K:
- 29 CFR 1926.1408 - Power Line Safety (up to 350 kV): This section provides guidelines for working safely around overhead power lines with voltages up to 350 kilovolts.
- 29 CFR 1926.1409 - Power Line Safety (over 350 kV): This section outlines safety measures for working near power lines with voltages over 350 kilovolts.
Training and Qualifications
Employers are responsible for ensuring that workers receive proper training related to electrical hazards and safe work practices. Only qualified individuals are permitted to work on or near electrical equipment, ensuring that they have the necessary knowledge and expertise. Key OSHA sections that touch upon training and qualifications for electrical safety in construction include:
- 29 CFR 1926.21 - Safety Training and Education: This section provides general requirements for safety training and education. It emphasizes the need for employers to provide training programs that address specific hazards, including electrical hazards, and to ensure that employees understand the training.
- 29 CFR 1926.1400 - Scope: The introductory section of Subpart K sets the scope of the standard and emphasizes the importance of worker training and qualifications to recognize and avoid hazards related to electrical work.
- 29 CFR 1926.1401 - Comprehensive Program: This section highlights the need for employers to establish a comprehensive safety program that includes training for employees exposed to electrical hazards.
Power Transmission and Distribution
For workers engaged in power transmission and distribution activities, OSHA has specific regulations under Subpart V (29 CFR 1926.950 - 29 CFR 1926.960). These regulations address various aspects of electrical safety for these specialized activities, including requirements for protective clothing, tools, and fall protection.
Types of Construction-related Electrical Injuries in Texas
Understanding the various types of electrical injuries on construction sites is vital for enhancing safety measures and preventing these unfortunate incidents. If you or someone you love has been injured in an electrical accident on a construction site, you should reach out to our experienced electrical injury lawyers in Texas at Miller Weisbrod Olesky for a strong legal representation to obtain your rightful damages from all the liable parties.
Electrocution
Electrocution, which refers to death caused by electric shock, is a major concern on construction sites. Workers may come into contact with live electrical wires, faulty equipment, or improper wiring, leading to fatal consequences. This type of injury often results from direct contact with high-voltage sources, such as power lines, exposed wiring, or malfunctioning electrical tools.
Electrical Burns
Electrical burns occur when electrical current passes through the body, generating heat and causing thermal injuries to the skin and underlying tissues. These burns can range from mild to severe, depending on factors like the intensity and duration of the current. Construction workers may suffer electrical burns while handling faulty equipment, coming into contact with live wires, or working in damp conditions that increase conductivity.
Arc Flash and Arc Blast
Arc flash refers to the release of intense heat, light, and energy caused by a fault in the electrical system. This phenomenon can cause severe burns, blindness, and other injuries to workers in close proximity. Arc blast is the concussive force resulting from an arc flash, which can propel debris, tools, and even individuals, leading to secondary injuries. Proper personal protective equipment (PPE) and safe work practices are essential to mitigate the risks associated with arc flashes and blasts.
Nerve and Tissue Damage
Electrical shocks can damage nerves and tissues, leading to long-lasting health issues. Workers might experience loss of sensation, muscle weakness, and chronic pain as a result of nerve damage. Based on this, tissue necrosis caused by electrical burns can necessitate amputations in severe cases.
Cardiac Effects
Electric shocks can disrupt the heart's normal rhythm, leading to cardiac arrest or arrhythmia. Even low-voltage shocks can trigger life-threatening heart conditions, underscoring the need for immediate medical attention following any electrical incident.
Fractures and Dislocations
Muscle contractions caused by electric shocks can result in severe physical injuries such as fractures and dislocations. Workers who experience involuntary muscle movements due to electrical shock might fall from heights, ladders, or scaffolds, leading to traumatic brain injuries (TBI), spinal cord injuries, and bone injuries.
Thermal Injuries
Aside from electrical burns, electrical incidents can lead to other types of thermal injuries. Intense heat generated during an electrical fault or short circuit can cause clothing to catch fire, resulting in second or third-degree burns to the skin and underlying tissues.
Muscular Contraction Injuries
When a worker comes into contact with an electric current, their muscles can contract involuntarily, making it difficult to release the source of the shock. This can lead to additional damage and falls. Muscular contraction injuries underscore the importance of maintaining a safe distance from live electrical sources and using insulated tools.
Respiratory Injuries
Electrical fires and explosions can release toxic fumes and smoke that pose a danger to construction workers. Inhaling these hazardous substances can lead to respiratory injuries, including lung irritation, chemical burns, and even long-term lung diseases.
Vision Impairment
Arc flashes and blasts can emit intense light and heat, leading to temporary or permanent vision impairment. This can range from mild discomfort and sensitivity to light (photo-phobia) to more severe conditions like cataracts and retinal damage.
Hearing Loss
Electrical incidents, particularly those involving explosions or loud noises, can lead to hearing damage or even permanent hearing loss. The sudden release of energy in an arc flash or blast can cause acoustic trauma to workers who are not adequately protected.
Secondary Injuries
During electrical incidents, workers might be jolted or thrown, leading to additional injuries like sprains, strains, and bruises. Objects or debris propelled by arc blasts can cause lacerations and puncture wounds.
Cognitive Impairment
In some cases, electrical injuries can affect cognitive functions such as memory, concentration, and decision-making abilities. This can impact a worker's overall performance and ability to carry out tasks safely.
Delayed Onset Injuries
In some instances, the full extent of electrical injuries might not become apparent immediately. Delayed symptoms such as muscle weakness, numbness, and chronic pain can surface days or even weeks after the initial incident.
Electrical Shock Drowning
Construction sites near bodies of water, such as lakes or ponds, pose the risk of electrical shock drowning. Faulty electrical equipment near water sources can leak current into the water, posing a serious threat to workers who come into contact with the electrified water.
Hand-Arm Vibration Syndrome (HAVS)
Workers who frequently use vibrating tools near electrical sources may develop Hand-Arm Vibration Syndrome. This condition involves symptoms like numbness, tingling, and decreased sensitivity in the hands and arms.
Long-Term Health Issues
Exposure to high levels of electrical currents, even without immediate visible injuries, can lead to long-term health problems. Chronic pain, nerve damage, and increased susceptibility to future injuries might result from repeated exposure to electrical hazards.
Psychological Trauma
Survivors of electrical injuries may experience psychological trauma due to the shock's sudden and often violent nature. Post-traumatic stress disorder (PTSD) and anxiety disorders can result from these incidents, impacting a worker's overall well-being and ability to return to work.
How Our Texas Electrical Injury Lawyers will Prove Negligence?
Proving negligence of the construction company, contractor, electrical equipment manufacturer, maintenance provider, or other third parties for your electrical injuries on a construction site in Texas is essential to claim damages. Our hard charging electrical injury attorneys in Texas will collect evidence to establish that the responsible parties failed to exercise the level of care that a reasonable person or entity would have under similar circumstances.
To build a strong case for negligence, here are some types of evidence that our construction attorneys at Miller Weisbrod Olesky may collect:
- Eyewitness Testimony: Statements from coworkers, supervisors, or other individuals who witnessed the incident can provide valuable insight into the circumstances leading up to the electrical injury. Their accounts can help establish the sequence of events, the conditions present at the time, and whether any safety protocols were violated.
- Photographs and Videos: Visual evidence, such as photographs and videos taken at the scene, can illustrate the working conditions, equipment, and potential hazards that contributed to the electrical injury. This evidence can provide a clear picture of the situation and help establish liability.
- Medical Records: Your medical records are essential in proving the extent of your injuries and the direct link between the electrical incident and your injuries. Detailed medical reports, diagnostic tests, and treatment plans can demonstrate the severity of the harm suffered.
- Expert Witness Testimony: Experts in fields like electrical engineering, construction safety, and medicine can provide professional opinions on whether proper safety measures were in place, if industry standards were followed, and how the electrical injury could have been prevented. Their testimony can be critical in establishing negligence.
- Accident Reports and Documentation: Incident reports filed by your employer, supervisors, or on-site safety personnel can provide insights into the circumstances surrounding the electrical injury. This documentation can include details about safety measures, equipment maintenance, and any known hazards.
- Maintenance and Inspection Records: Records of equipment maintenance, inspections, and repairs can help establish whether the construction site or equipment was properly maintained. Lack of proper maintenance can contribute to negligence claims if it played a role in the electrical injury.
- Safety Procedures and Manuals: Documentation of safety procedures, training materials, and employee manuals can demonstrate whether adequate safety measures were in place and whether workers were trained to handle electrical hazards properly.
- OSHA Reports and Violations: If the incident resulted in an OSHA investigation and citations were issued, these reports can serve as evidence of safety violations that contributed to the electrical injury.
- Communication Records: Records of communication between workers, supervisors, and management can help establish whether warnings were given about potential electrical hazards or if concerns were raised and not adequately addressed.
Our Texas construction site electrical injury attorneys will leave no stone unturned to obtain hard evidence and engage in robust settlement negotiations with the insurance companies and the defendants on your behalf. We will also remain fully prepared to go to trial, if a satisfactory settlement cannot be reached. Call us today at (888) 987-0005 for a free case evaluation, and let our legal team fight for your right to financial compensation while you focus on your recovery.
The Leader In Construction Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Construction Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding construction companies accountable and achieving multi-million dollar settlements and court verdicts for his clients. Clay has handled construction accident cases in all major cities in Texas and numerous smaller counties. In one recent trial, Clay won a construction accident verdict of $26,500,000 for his client who suffered a spinal cord injury after a construction accident fall.
Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.
Clay is a past president of the Dallas Trial Lawyers’ Association and served as Chair of the Advocates for the Texas Trial Lawyer Association where he continues to serve on the board of directions. Clay is also a member of the elite American Board of Trial Advocates (ABOTA) limited to a select group of trial lawyers who have tried to a jury verdict a significant number of cases and who are recognized for their professionalism.
Clay is regularly invited to speak to Trial Lawyer Groups around Dallas, Houston, San Antonio, Austin, and across the state of Texas on the topics of construction accidents, trial tactics in complex construction cases and techniques to investigate and gather evidence in construction accidents, picking a jury in construction accident cases, as well as how to prepare a winning legal and trial strategy in Construction Accident Cases throughout Texas.
Our construction accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Led by a formidable legal team with an extraordinary record of court verdicts and settlements in construction accident cases, Miller Weisbrod Olesky is regularly recognized by the US News and World Report as one of the top injury law firms in the United States.
Miller Weisbrod Olesky Texas Construction Accident Lawyers
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay's most recent victories include when general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Construction Accident Attorney, Clay Miller tried the case in Texas, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at
Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
He is active in local and statewide trial lawyers' associations including serving as the Chair of the Advocates for the Texas Trial Lawyers' Association in 2002 and remains on the Board of Directors. Clay served as President of the Dallas Trial Lawyers Association from 2008-2009. He has also been a member of the American Board of Trial Advocates (ABOTA) since 2014.
Education
- Southern Methodist University School of Law - Dallas, Texas
- Texas A&M University - Finance - College Station, Texas
Areas of Practice
Associations & Memberships
- State Bar of Texas
- State Bar of New Mexico
- State Bar of Colorado
- American Board of Trial Advocates (ABOTA)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers’ Association
- American Association of Justice
Josh Birmingham
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
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Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Education
- University of Nebraska
- University of Tulsa - School of Law
Areas of Practice
Associations & Memberships
- American Association of Justice:
Member
- Texas Trial Lawyers Association:
Member
- Dallas Trial Lawyers Association:
Member
Board of Directors - Dallas Association of Young Lawyers:
Member
- Mesquite Bar Association:
Member
Michael Orth
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
Education
- Texas A & M University
- University of Houston Law Center
Areas of Practice
Associations & Memberships
- American Association of Justice:
Member
- Texas Trial Lawyers Association:
Member