Austin Workplace Injury Lawyer in Texas
If you are involved in a workplace accident, it is important to report any injury, both minor and major, to an appropriate supervisor and schedule a medical examination as soon as possible. Seemingly insignificant injuries have the potential to worsen over time and you could be held accountable for improperly seeking treatment for an injury when later filing a claim for workers’ compensation.
Construction Site Accident Claims
A construction site involves heavy operating equipment, tools, and machinery which increase the risk of work-related injuries for construction workers. Despite safety regulations implemented by the Occupational Safety and Health Administration (OSHA), worksite accidents are a common occurrence, especially in the construction industry where such accidents often result in serious injuries or even death.
Texas law dictates that an employer is responsible for the safety of all employees, with the exception of contractors. Based on the temporary nature of contract labor, contractors are excluded from the rights afforded to permanent employees. Thus, when oil refinery and construction employers prepare accident reports, they are not legally required to claim injuries and fatalities suffered by contractors. Knowing that construction sites are prone to accidents and subsequent injuries, hiring an abundance of contract labor appeals to employers who desire to avoid responsibility for potential injuries and minimize accident records to maintain a positive reputation.
Common Worksite Injury Claims
Common injuries resulting from workplace accidents include:
- brain injury
- chemical exposure
- back and spine injury
- post-traumatic stress disorder (PTSD)
The experience of a traumatic event, such as a worksite accident, may cause the victim to develop PTSD, an anxiety disorder with debilitating symptoms including depression, nightmares, and flashbacks triggered by factors associated with the event, i.e. locations, sounds, smells, objects, etc.
Austin Workplace Injury Litigation Attorney
Employers should provide employee training procedures to clarify potential job hazards and identify accident-prevention techniques to maximize safe workplace conditions and practices. Machines and equipment should receive regular maintenance checks to prevent breakdowns, repair malfunctions, and eliminate the risk of injury. Adequate inspections allow an employer to verify employees’ proper use of protective gear, confirm employees’ correct operation of machinery, and decrease the potential for accidents through proper assessment of equipment such as hoists, derricks, forklifts, winches, pulleys, and cranes. Causes of workplace injuries are most commonly attributed to an employer’s or co-worker’s negligence, inexperience, violation of safety regulations, or reckless behavior.
Factories, construction sites, warehouses, logging sites, and shipyards are commonly subject to falling objects and flying debris – hazards that can cause damage to laborers’ eyes, ears, and head. Injuries of this nature may lead to temporary or permanent disability, damaging a person’s capacity to earn a living. Stores, ships, hospitals, drilling rigs, and oil platforms are common sites for slips and falls which may result from lack of protective railing, slippery or disorderly walkways, or poor lighting. Many worksites utilize dangerous equipment such as power saws, hoists, forklifts, cranes, derricks, torches, conveyors, rotators, welders, and feeder belts. Poor manufacturing, maintenance, and operation of such equipment can lead to catastrophic injuries and fatalities.
Personal Injury Claims for Workplace Accidents
If the financial burden of a work-related injury is not covered by the Jones Act or worker’s compensation, victims of worksite accidents are sometimes able to make a personal injury claim against any third party whose negligence contributed to the cause of a worksite accident resulting in a serious injury. Liable third parties may include outside vendors, property owners, and general contractors. Additionally, manufacturers and suppliers may be liable if their product contributed to the cause of a worksite accident.
Worksite accidents may involve mechanical failures, slips and falls, worksite vehicle accidents, electrocution, structural collapses, and malfunctioning safety equipment. Compensation may cover losses including past and future medical costs, pain and suffering, lost income, and disfigurement. Punitive damages may also be pursued in the case of especially reckless negligence.
The experienced legal professionals of Shaw Cowart LLP provide aggressive representation for victims of workplace injuries. You deserve maximum compensation for your losses. Our Austin workplace injury lawyers will protect your rights against those at fault and fight for the resources you need to heal and move forward with your life. Fill out our online consultation form or call 512-499-8900.