Construction Accident Lawyers

At Tate Law Offices, P.C., we know how stressful it can be to suffer an injury at a construction job. You are used to doing hard, physical work every day. Suddenly, you are physically limited and suffering from pain. You may also be unable to work. At the same time, you may be facing rising medical bills and other expenses. It can be overwhelming.

Our goal is to obtain compensation for our clients as efficiently as possible. We strive to reach settlements without the need for a trial or even a lawsuit.

Our approach is based on solid case preparation. We work with a team of experienced investigators. We also consult with highly qualified safety experts, medical experts, life-care planners and others to determine liability and how much you should seek in compensation.

Please see our Case Results to learn more about our background. You can also see what past clients have to say about their experience of working with us in our Testimonials section.

If your employer’s insurer refuses to provide a reasonable settlement offer, our skilled trial lawyers will be ready to fight for you in court.

If your employer subscribes to the Texas workers’ compensation system, you cannot sue the employer if you are injured on the job. Instead, you are limited to seeking workers’ compensation medical and lost wage benefits.

On one hand, these benefits are convenient. They are available even if you were responsible for your own injury. On the other hand, they are also very restricted. For instance, you may be forced to go to a doctor chosen by your employer (or one within its medical network). You also can receive only a portion of your lost income.

However, in some cases, you can seek personal injury damages in addition to workers’ compensation benefits. At Tate Law Offices, P.C., we will thoroughly investigate your case and determine whether you can pursue a “third-party injury claim.”

If you were hurt by the negligence of another contractor at a construction site or by anyone else who was not your employer, you could seek compensation from that “third party.”

In other words, you would pursue damages such as:

• All past and future medical expenses (from a doctor of your choice)
• All lost income and diminished future earning capacity
• Loss of consortium and loss of household services
• Pain and suffering
• All other injury-related expenses.

Unlike a workers’ compensation claim, you would need to prove the third party’s negligence. Also, your own fault for an accident could impact your financial recovery. This is why pursuing a third-party injury claim requires help from an attorney with skill and experience in this area of the law.

Texas is a unique state. Private employers such as construction contractors are not required to subscribe to the state’s workers’ compensation system. So, if your employer is not a subscriber, you can bring a personal injury claim against the employer.

At Tate Law Offices, P.C., we can investigate your employer to determine whether the company is a subscriber or non-subscriber. We can seek the maximum amount for you in an injury claim.

Again, you would need to prove negligence. In other words, you would need to show that you were injured due to your employer’s unreasonable actions or failure to act. For example, the employer failed to provide the proper safety equipment.

Also, under the Texas “proportionate responsibility” law, your own negligence could be taken into account.

However, in a personal injury claim, you could seek a full and fair recovery of all of the damages outlined above. You would not be subject to workers’ compensation restrictions.

If you were injured on a construction site in Texas, follow these steps to protect your rights:

• Report your injury to your employer – You must report your injury to your employer within 30 days to qualify for workers’ compensation coverage, if applicable. However, do not delay in reporting your injury. Try to do so at the accident scene, if possible, so you can create a strong record of the accident and your injuries.
• Seek medical treatment – Prompt medical attention can minimize your injuries as well as show insurance adjusters that your injuries are genuine and that you took all possible steps to treat them.
• File the initial claim form – If your employer is covered by workers’ compensation, you will need to file the Employee’s claim for Compensation for a Work-Related Injury or Occupational Disease with the Division of Workers’ Compensation.
• Contact a construction injury lawyer – A construction accident law firm like Tate Law Offices, can evaluate if you have a third-party claim or if your employer is a non-subscriber against whom you have a valid personal injury claim. We can advise you of the next steps you should take.

Based on Bureau of Labor Statistics figures from recent years, roughly one-fourth of work-related deaths in Dallas occur within the construction industry.

As the surviving family member of a construction worker who was killed on the job due to the employer’s actions (or failure to act), your options could include:

• Workers’ compensation wrongful death benefits – If the employer is a workers’ compensation subscriber, you could not sue the employer. Instead, you would be restricted to filing a claim for death benefits. Again, these benefits would be limited and replace only a percentage of your family’s lost income.
• Wrongful death claim based on ordinary negligence – If the employer does not subscribe to the Texas workers’ compensation system, you could be eligible to pursue a wrongful death claim against the employer.
• Wrongful death claim based on gross negligence – Even if your employer is a workers’ compensation subscriber, you could pursue a wrongful death claim if your loved one died due to the employer’s “gross negligence.” In other words, did the employer knowingly expose your loved one to an “extreme risk,” and yet, proceed with “conscious indifference” to that risk?

In a wrongful death claim, you would pursue a different set of damages on behalf of yourself and your loved one’s “estate.” Please see our section on wrongful death to learn more about these claims and contact us for a consultation.

Construction workers use a wide range of tools such as drills, saws, nail guns and welding torches. They also operate in and around heavy machinery and vehicles such as cranes, forklifts and trucks. If you were injured due to a defectively designed or manufactured machine, vehicle or part, or if you have lost a family member due to such a defect, you could bring a product liability claim against the manufacturer.

These claims can be highly complex. They require help from a law firm with a background in handling product liability litigation in state and federal courts. The firm must also have the resources to take on a major corporation.

Contact Tate Law Offices, P.C., to learn more about our product liability claims record and our approach to handling these cases.

Tate Law Offices, P.C., offers our clients extensive experience with construction accident litigation. We can handle a wide range of cases, including injuries that involve:

We also understand the issues that arise with serious, life-changing construction injuries, including:

• Lacerations
• Broken bones
• Burns
• Head and brain injuries
• Spinal cord injuries.