Construction sites are busy places where heavy machinery and complex equipment are used daily. Unfortunately, these machines come with significant risks, leading to common construction site machinery injuries. Such incidents often result in serious injuries, high medical costs, and lost wages for construction workers.
At Cesar Ornelas Injury Law, we are here to help you understand the process of construction accident claims. Our team of skilled construction accident lawyers is committed to getting you the compensation you deserve. If you’ve been injured, don’t hesitate to contact us. We offer a free consultation to discuss your case. Call us today at 210-957-2103, and let’s look at your legal options together.
Understanding Construction Site Machinery Injuries
Construction site machinery injuries are a harsh reality in the industry, often leading to serious, lasting, or even fatal outcomes. Construction accidents make up about 16 percent of all workplace deaths. Between 2013 and 2017, there were 309 deaths in the construction industry due to construction accident injuries and construction site injuries.
The high-risk nature of working with machinery and equipment on construction sites is worsened by factors like distractions, hazards, and potentially unsafe equipment.
Common Machinery-Related Injuries
Construction workers face many risks when operating or working near heavy machinery. Serious injuries such as amputations, head injuries, eye injuries, electrical shocks, and burns are unfortunately common. Accidents involving heavy equipment can lead to permanent disability, an inability to work, or even death.
Injuries like fractures, amputations, and crush injuries are common, often resulting from being caught in or between heavy machinery or struck by falling objects and moving vehicles. These personal injuries not only affect the physical health of workers but also have long-term impacts on their livelihoods and well-being.
Causes of Machinery Accidents
Machinery accidents on construction sites often result from multiple factors. Common causes include poor maintenance of equipment, lack of safety features, and inadequate training for workers. Negligence, such as failure to follow safety policies, lack of proper permits, and insufficient inspections, also plays a significant role. Issues like faulty construction equipment, hazardous materials, and defective products can lead to serious injuries.
Preventative measures, including proper equipment maintenance, thorough training, and following OSHA regulations, reduce the risk of such accidents.
Determining Liability in Machinery Accidents
Figuring out who is responsible for construction machinery accidents involves identifying all negligent parties. Employers may be held responsible if they fail to follow safety regulations or provide adequate training. Co-workers whose negligence contributes to the accident can also be held accountable.
Third parties, including equipment manufacturers and subcontractors, may be liable if their actions or products were a factor in the accident.
Employer Negligence
Employer negligence is a major factor in many construction accidents. Inadequate safety measures, insufficient training, and lack of inspections are common factors that contribute to accidents. Employers must comply with OSHA regulations and state safety standards to avoid being deemed negligent. Lack of warning signs and other safety violations can also reflect employer negligence.
Construction accident lawyers investigate these violations and establish breaches in safety regulations to build strong construction accident cases.
Third-Party Responsibility
Liability for construction accidents can extend beyond the employer to third parties, including construction companies. Equipment manufacturers can be held responsible if machinery failure contributed to the accident. Co-workers and general contractors can also be liable if their negligence or actions led to the accident.
Identifying all liable parties ensures injured workers receive full compensation for their injuries.
Legal Options for Injured Workers
Injured workers can choose from options like workers’ compensation and personal injury lawsuits. Workers’ compensation helps cover medical bills and lost wages, while personal injury lawsuits can offer additional compensation beyond what workers’ comp provides.
A meeting with a construction accident lawyer from Cesar Ornelas Injury Law can explain the types of claims available and help decide the best way forward.
Workers’ Compensation Claims
Workers’ compensation is a no-fault system. It provides benefits for work-related injuries without needing to prove your employer was at fault. This system covers medical bills, part of your lost income, and vocational rehabilitation, giving injured workers some financial support while they recover.
Workers’ compensation has limits, like not covering pain and suffering and usually offering only a portion of a worker’s regular pay. Lawyers can help ensure you get fair compensation for lost wages and medical expenses, sometimes alongside claims against other responsible parties.
Personal Injury Lawsuits
Personal injury lawsuits can be an alternative or addition to workers’ compensation for injured workers. These lawsuits need strong evidence to show that someone else’s negligence led to the injury.
To build a strong personal injury lawsuit, you need to gather comprehensive evidence. This includes medical records documenting the extent of injuries, eyewitness statements, and any photographic or video evidence of the accident scene. Expert testimonies, police reports, and proof of lost wages or other financial impacts also help substantiate the claim and demonstrate the negligence of the responsible party.
Compensation from a personal injury lawsuit can cover medical costs, lost earnings, and other damages related to the injury, such as pain and suffering.
Possible responsible parties in a construction site injury might include subcontractors, construction site owners, and manufacturers of faulty equipment. This wider range of compensation can be important for fully addressing the impact of severe injuries.
Steps to Take After a Machinery Accident
Taking the right steps after a machinery accident ensures your safety, protects your rights, and secures fair compensation for any injuries you sustain. Talking to a construction accident lawyer soon after the incident can protect your rights and improve your chances of getting fair compensation.
Seek Medical Attention
Getting medical care right after a machinery accident is important for your health and safety. This medical attention can greatly improve recovery and is often needed for legal documentation.
Careful documentation of injuries supports any future claims related to the accident. Following up with healthcare providers and legal counsel ensures your rights are protected throughout recovery.
Report the Incident
Telling a supervisor about the accident right away is necessary for documenting the event and following safety rules. Creating an official record of the incident informs the company of unsafe practices and helps in legal proceedings.
Make sure the incident report includes detailed accounts of the accident and any witness statements. This thorough documentation is vital for any later construction accident claim.
Gather Evidence
Collecting evidence is an important step after any construction accident. Materials that may be reviewed during an investigation include dashcam footage, security camera footage, and police records. The legal team will collect medical records and bills. They will also obtain insurance policy information related to the construction accident.
Collecting eyewitness accounts provides essential details that support the injured worker’s claim. This comprehensive evidence collection helps build a strong compensation case.
Contact a Construction Accident Lawyer
Hiring a construction accident lawyer soon after an injury helps gather evidence, start legal proceedings, and maximize the chances of compensation. Injured workers should contact a construction accident lawyer for a free consultation to explore their legal options.
Protecting Your Rights Under OSHA
The Occupational Safety and Health Administration (OSHA) is there to make sure construction workers have safe and healthy working conditions. Employers must follow OSHA rules for heavy machinery to prevent accidents. These regulations include comprehensive standards for operating and maintaining equipment, ensuring that all machinery is in proper working order and safe for use.
Currently, OSHA regulations require employers to conduct regular inspections and maintenance of construction equipment to prevent malfunctions and accidents. Employers are also mandated to provide adequate training for construction workers, ensuring they understand how to safely operate machinery and recognize potential hazards. Additionally, OSHA requires the implementation of safety protocols, such as the use of personal protective equipment (PPE) like hard hats, gloves, and safety goggles, to minimize the risk of injuries.
OSHA also emphasizes the importance of clear communication on construction sites. This includes the use of warning signs, signals, and barriers to alert workers of potential dangers, as well as the establishment of emergency procedures in case of an accident. Employers must also ensure that all safety measures are consistently enforced and that workers are encouraged to report any unsafe conditions without fear of retaliation.
By adhering to these OSHA regulations, construction companies can significantly reduce the likelihood of construction site injuries and create a safer working environment for everyone involved.
Filing OSHA Complaints
If you get hurt because of a safety rule being broken, you should let OSHA know. You can file a complaint with OSHA if safety rules on construction sites are ignored. You can contact OSHA through their website, by phone, or by mail, depending on how urgent the situation is.
Filing a complaint helps keep workers safe and fixes dangerous situations.
Retaliation Protection
Workers are protected from being punished for speaking up about unsafe conditions or making claims under OSHA. Employers cannot punish employees for doing these protected activities. If employers do retaliate, they can be held responsible for any injuries that occur.
A lawyer can help workers who face retaliation by assisting them in filing a claim against their employer.
Types of Compensation Available
After an accident, injured workers can get money for things like medical bills, lost income, and other costs. Going after both workers’ compensation and personal injury claims is important for getting the most compensation possible.
Economic Damages
Economic damages in a construction accident usually include medical bills and lost wages. Medical records are important evidence for proving physical injuries in a negligence claim. In Texas, injured workers have the right to receive compensation through the state’s workers’ compensation system. This system provides benefits that include a portion of their lost wages, typically around two-thirds of their average weekly wage, subject to maximum and minimum limits set by the state. As of the latest updates, Texas has specific guidelines for temporary income benefits, which help cover lost wages during recovery from work-related injuries.
Lawyers help calculate all the damages to make sure all losses are covered in claims.
Non-Economic Damages
Non-economic damages are for pain and suffering, emotional distress, and loss of enjoyment of life due to construction accidents. This compensation covers the emotional and psychological effects of injuries, which can greatly affect a person’s quality of life.
Getting non-economic damages can provide a more complete compensation, covering both the physical and emotional impact of construction injuries.
How Cesar Ornelas Injury Law Can Help You
At Cesar Ornelas Injury Law, we are dedicated to helping injured construction workers get justice and fair compensation after workplace accidents. Our experienced attorneys provide legal support through workers’ compensation claims or personal injury lawsuits, making sure injured workers receive the maximum compensation they deserve.
Comprehensive Legal Support for Your Case
Our team thoroughly investigates, finds all responsible parties, and decides the best legal approach for your claim. We carefully gather and organize evidence, prove negligence, and protect your rights throughout the legal process.
Negotiation & Litigation
We manage all communications with insurance companies, working hard to get fair settlements for you. If a fair settlement can’t be reached, our attorneys are ready to take your case to court, ensuring you have strong support every step of the way.
Other Practice Areas We Handle
At Cesar Ornelas Injury Law, we offer comprehensive legal services across various practice areas to ensure you receive the justice and compensation you deserve. Our experienced attorneys are equipped to handle a wide range of cases, including:
- Auto Accidents: We provide legal representation for victims of car crashes, ensuring you receive compensation for your injuries and losses.
- Brain Injuries: Our team is skilled in handling cases involving traumatic brain injuries, advocating for the medical care and financial support you need.
- Commercial Vehicle Accidents: We represent clients involved in accidents with buses, delivery trucks, and other commercial vehicles, holding negligent parties accountable.
- Motorcycle Accidents: Our attorneys understand the unique challenges faced by motorcyclists and work tirelessly to protect their rights.
- Wrongful Death: We offer compassionate legal support for families seeking justice and compensation for the wrongful death of a loved one.
- Workplace Injuries: Whether it’s a construction site or an office, we help injured workers navigate their claims for fair compensation.
- Trucking Accidents: Our firm has extensive experience in handling complex trucking accident cases, ensuring that victims are justly compensated.
- Spinal Injuries: We advocate for clients with spinal cord injuries, striving to secure the necessary resources for their recovery and adaptation.
- Aviation Accidents: Our legal team is equipped to manage cases involving aviation accidents, pursuing accountability and compensation for affected families.
- Oil Field Accidents: We represent workers injured in oil field accidents, ensuring their rights are protected and they receive due compensation.
- Catastrophic Injuries: Our attorneys take cases involving life-altering injuries, fighting for the comprehensive compensation needed for long-term care.
- Premises Liability: We handle cases where injuries occur due to unsafe conditions on someone else’s property, holding property owners responsible.
- Product Liability: Our firm takes on cases involving defective products, ensuring that manufacturers are held accountable for injuries caused by their products.
No matter your legal needs, the team at Cesar Ornelas Injury Law is committed to providing dedicated and personalized representation to achieve the best possible outcome for your case.
No Upfront Fees – No Win, No Fee
We believe money worries shouldn’t stop injured workers from getting top legal help. That’s why Cesar Ornelas Injury Law works on a contingency basis—you don’t pay unless we win your case.
Contact Us for a Free Consultation
If you’ve been injured in a construction accident, don’t wait to learn about your legal options. Contact us today at 210-957-2103 for a free consultation, where we’ll provide a personalized case evaluation and guide you toward the best path forward for your injury claim.
