Dallas Construction Accident Lawyer
Construction is booming in Dallas. It is now a $54 billion per year industry in Texas, according to one report. At Tate Law Offices, P.C., we are proud of this growth.
We also deeply respect the carpenters, welders, electricians and other construction workers whose skill and labor have made this growth happen. We understand how dangerous construction work is in Dallas. We not only celebrate our state’s prosperity – we also stand up for the rights of those workers and their families when tragedy occurs.
If you were injured on the job at a Dallas construction site, or if you have lost a loved one in a construction accident, we want to help you. We are skilled, experienced personal injury lawyers. Above all, we are passionate about seeking maximum compensation for our clients.
Contact a construction accident attorney at Tate Law Offices, P.C., today for a free consultation. We can answer your questions and discuss your right to seek compensation for your medical bills, lost wages, pain and suffering and more.
You have only a limited time to file a construction injury or death claim in Dallas. It is important to move quickly, too, in order to preserve evidence.
Did Your Construction Employer Offer You a Settlement?
After a construction accident, you may be contacted by your employer’s insurer. Never give a recorded statement to the insurance company. Also, you should never accept a settlement offer unless you have met with a lawyer first.
A construction injury lawyer from Tate Law Offices, P.C., can review your settlement offer and provide sound advice on whether it fully and fairly compensates you for your losses. If not, we will seek a just amount through settlement negotiations or by going to trial.
We know how insurance companies do business. We can deal directly with them on your behalf while you and your family focus on your recovery.
Are You Ready to Move on with Your Life after a Dallas Construction Accident?
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.
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.
Were You Hurt by a Negligent Third Party at a Dallas Construction Site?
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.
When Can You Sue Your Employer for a Construction Site Injury?
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.
Am I Covered by Workers’ Compensation?
Texas is the only state in the nation that does not mandate workers’ compensation insurance for employers. Some employers choose to forego this insurance to save money, but doing so opens them up to potential liability if a work accident occurs, according to the Texas Workforce Commission.
Whether you are eligible for workers’ compensation coverage depends on whether your employer has purchased a policy and if it was in effect at the time of your accident. You can check the Texas Department of Insurance’s website to verify if your employer is covered or not.
Regardless of coverage, the first thing you will want to do after a construction accident is to report it to your employer. You have a limited amount of time to report a work accident if your employer is covered. Additionally, reporting the accident will help create a paper trail regarding it so that you can link your injuries to it. If your employer is not a subscriber, reach out to our construction injury attorneys for help with your claim since your employer will likely try to avoid paying you fair compensation for the damages you sustained.
What Should I Do After Having a Construction Accident in Dallas, TX?
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.
Did You Lose a Loved One in a Dallas Construction Accident?
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.
Did a Defective Tool or Machinery Cause Your Construction Injury?
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.
What Damages Can I Be Compensated For?
The Texas Workforce Commission states that the damages and attorney’s fees that an injured employee can recover from a non-subscriber are “almost unlimited.” If you pursue a personal injury claim against your employer because they do not have workers’ compensation insurance or the claim falls outside the workers’ compensation system, you may be able to pursue damages for:
- All lost wages
- Lost earning capacity
- Full medical coverage for medical expenses related to your injury
- Physical pain, emotional suffering, and mental anguish
- Damage to personal property
- Loss of quality of life
- Court costs and legal fees
The full value of a personal injury lawsuit could exceed what a typical workers’ compensation claim would provide.
If your loved one tragically died in a construction accident, you may be able to pursue compensation for damages such as loss of support, loss of consortium, and funeral and burial expenses.
An experienced Texas construction accident lawyer can review the circumstances of your case and determine the damages that may be available. Contact us today for a free case review.
What Dallas Construction Accident Cases Do Our Lawyers Handle?
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:
- Negligence of employers, co-workers or subcontractors
- Falls from roofs, ladders or scaffolding
- Injuries from falling objects (such as tools or building materials)
- Fires and explosions
- Crane, forklift and other heavy machinery accidents
- Improperly maintained or defectively manufactured tools and equipment (including saws, nail guns and other power tools)
- Truck and other motor vehicle accidents
- Trench collapses
- Demolition accidents
- Repetitive stress disorders
- Exposure to hazardous materials such as asbestos or chemicals.
We also understand the issues that arise with serious, life-changing construction injuries, including:
- Broken bones
- Head and brain injuries
- Spinal cord injuries.
Get Help from a Dallas Construction Accident Lawyer Today
When you are ready to seek compensation after a construction site accident in Dallas, contact Tate Law Offices, P.C. We will provide a free consultation, and we won’t charge you any costs or fees unless we obtain a financial recovery for you. Don’t wait to get started. Call or reach us online today.