Common causes
Each accident is different. A careful review can show how the injury happened and who may be responsible. Common causes include:
- Falls from roofs or scaffolds
- Dropped tools and materials
- Crane or heavy equipment events
- Electrical, trench, or machine hazards
Evidence that may help
Evidence can be lost or changed. Photos, video, records, and witness details should be saved as soon as it is safe to do so.
- Site photos and incident reports
- Contracts and safety plans
- Training and inspection records
- Equipment, video, and witness names
Site control, Chapter 95, and third-party claims
A construction injury may involve several layers of contracts. The employer, general contractor, subcontractor, property owner, equipment lessor, and manufacturer may each have a different role. The right to control the manner of work can be more important than a company's title on the project.
Workers' compensation may bar tort claims against a subscribing employer, while third-party claims may remain. Chapter 95 of the Civil Practice and Remedies Code can impose special proof requirements for some claims against property owners involving construction, repair, renovation, or modification of an improvement. The claimant may need to prove control and actual knowledge of the danger.
Many Texas injury lawsuits must be filed within two years. Some claims have shorter notice rules or different deadlines. A claim against a city or other government body may require fast written notice. It is wise to have the deadline checked early.
What may be recovered?
Construction injuries can cause medical costs, missed work, reduced earning ability, pain, scars, amputation, disability, and long-term care needs.