Suffered a Construction Injury?

San Antonio Slip and Fall Lawyers

Construction Injury

construction injury

Construction sites are a common sight in our every day life. They provide a necessary function to build the society we live in, but they can also pose great danger to visitors and construction workers. A construction injury can be life changing. According to the Centers for Disease Control and Prevention (CDC), of the 991 construction fatalities in 2016, 370 fatalities resulted from Falls.

Common Construction Injuries

Common construction injuries can include:

  • Less Serious
    • Cuts
    • Scrapes
    • Bruises
    • Punctures
    • Other soft tissue injuries
  • More Serious
    • Ligament injuries
    • Burns
    • Broken extremity bones
      • Fingers
      • Toes
      • Foot
      • Hand
      • Arm
      • Leg
      • Knee
      • Shoulder
  • Most Serious
    • Broken bones from high impact
      • Rib
      • Femur
      • Hip
      • Spine
      • Neck
      • Face
      • Skull
    • Back injury
      • Slipped disc
    • Nerve damage
    • Electrocution
    • Neck injuries
    • Traumatic brain injuries (TBI)
    • Impaling
    • Death

Common Construction Injury Causes

Common construction injury causes can include:

  • Electrocution
  • Dangerously located construction equipment and tools
  • Dangerously located construction materials
  • Dangerously located construction machinery
  • High level Falls
    • Roof Falls
    • Ladder Falls
    • Scaffolding Falls
    • Other multi-level Falls
  • Uncleaned slippery substances
  • Falling objects
  • Burns
  • Gas leaks
  • Explosions
  • Forklift injuries
  • Crane injuries
  • Bulldozer injuries
  • Other heavy equipment injuries
  • Defective elevator shafts
  • Defective hoists
  • Defective machinery
  • Defective construction equipment and tools

Proving Liability For Your Construction Injury

Holding the construction site liable for your injuries depends on your why you are on the property. A construction site visitor or a construction site worker is considered an invitee. As an invitee, the property owner, contractor, subcontractor, and any and all staff, workers, or employees owe you the highest degree of care. In order for a visitor or a construction worker, who is not covered by worker’s compensation, to hold the property owner, contractor, subcontractor, or any and all staff, workers, or employees responsible for your injuries you must prove anyone of them, and potentially all of them, negligently caused your injuries. To prove they negligently caused your injuries, you must show:

  • The property owner, contractor, subcontractor, or any and all staff, workers, or employees owed you a duty of care;
  • The property owner, contractor, subcontractor, or any and all staff, workers, or employees breached their duty of care to you;
  • The breach caused your injuries; and
  • Your injuries resulted in damages.

How Worker’s Compensation Affects Your Construction Injury

Put simply, in Texas, if you are a worker who is covered by employer worker’s compensation, you CANNOT sue your employer for negligently causing your injuries. Fortunately, you can still file a worker’s compensation claim. And unlike a negligence claim, you do not have to show your employer negligently caused your injuries. While your worker’s compensation claim may not always be approved, you must generally show:

  • Medical documentation proving an injury occurred;
  • The injury was work related; and
  • The employee cannot perform his or her job because of the injury.

However, just because your employer may provide worker’s compensation coverage, you may still have a negligence claim against 3rd parties who were responsible for causing your injuries. While many occupations do not regularly have other 3rd parties around the workplace, a construction site is an exception. The property owner, contractor, subcontractors, delivery drivers, machinery drivers engineers, architects, and any and all other person or entity that does not provide you worker’s compensation can be held liable for causing your injuries. 

Construction sites are littered with dangerous hazards that could cause serious  injuries or other life altering injuries. A construction injury can be devastating, leading to life long-suffering and even death. Whether you are a visitor or construction worker, a construction site must take reasonable precautions to ensure these dangerous hazards are not encountered.

Contact Stolmeier Law, San Antonio Slip and Fall Lawyers

We are San Antonio Slip and Fall lawyers. Stolmeier Law has served construction injury victims in San Antonio, South Texas, and the Greater Texas area for over 35 years. We have the experience to fight the insurance agencies, which will do everything they can to pay you pennies on the dollar. Stolmeier Law will fight to get you the maximum compensation possible. So if you or a loved one has been seriously injured at a construction site, contact Stolmeier Law, San Antonio Slip and Fall lawyers. Slip, Trip, or Fall? Call Stolmeier Law.