As a construction worker or someone passing through a construction zone in Austin, the last thing you might anticipate is getting struck by a falling object and suffering a serious injury. Unfortunately, this exact scenario puts many people in hospitals in Texas each year. Understanding your rights as a victim of a falling object in a construction zone can help you take the right steps toward rebuilding your life and becoming whole again. An Austin personal injury lawyer can provide the legal guidance you need to pursue compensation and hold the responsible parties accountable.
Objects falling and striking workers on the job is recognized as one of the top four leading causes of death in the construction industry by the Occupational Safety and Health Administration (OSHA) – also known as the “Fatal Four.” OSHA reports that at least 8 percent of fatalities in construction in 2021 were due to workers getting struck by objects that were falling, swinging or misplaced.
A dangerous, poorly managed or inadequately maintained construction zone in Austin can contain various issues that increase the risk of falling or flying objects striking people down below.
Some of the most common causes of these incidents include:
It is a construction company’s legal duty to take actionable steps to prevent foreseeable falling object risks. Any breach of this duty could open the doors to legal action being taken by the victim.
It is possible to prevent injuries and deaths caused by falling objects at Austin construction sites. There are many federal safety regulations in place to prevent the issues that lead to these disasters. Construction companies and site managers have a legal obligation to obey these laws and help protect individuals from falling objects.
These laws include OSHA Standard Numbers 1910.28 and 1910.29, which require employers to provide employees who are exposed to falling object hazards with adequate protection.
Legally required protective measures include:
These safety measures should always be implemented in construction zones in Austin that have any chance of falling objects, building materials or debris. Taking proactive steps to prevent these incidents can protect construction workers and bystanders from serious head and brain injuries, among other injuries.
Construction workers in Texas enjoy certain legal rights and protections if they get involved in on-duty accidents that cause injury, including harm caused by falling items. If this happens to you, you may have the right to file a workers’ compensation insurance claim or personal injury lawsuit, depending on the circumstances.
Not all construction companies in Texas offer workers’ comp insurance, as this is not a legal requirement in the state. If your employer does have this insurance, you can file a claim in pursuit of reimbursement for your medical bills and partial lost wages without having to prove that someone is at fault for your falling object injury.
If your employer does not have workers’ comp insurance, you can file a personal injury claim against your employer or a third party if negligence played a role in the accident. If the construction company carelessly cultivated a dangerous construction zone, for example, you will have the right to hold the company financially responsible (liable) for your losses.
Falling objects in construction zones do not only affect construction workers in Austin. Drivers, pedestrians and bicyclists crossing through construction zones are also at risk of getting injured or killed due to falling objects.
If you were not working at the time of the incident, you may have grounds to file an insurance claim or lawsuit against the party that is at fault. You have the right to hire a construction accident lawyer to investigate your accident and determine fault.
An attorney can collect strong evidence to support your claim, such as witness statements, incident reports, OSHA citations, photos and videos, and expert witness testimony. With this evidence, your lawyer can build a solid case against one or more defendants and achieve the best possible result on your behalf.
The types and amounts of financial compensation that may be available to you as a victim of a falling object in an Austin construction zone will depend on the circumstances. Factors involved in the calculation of a settlement or judgment award include the type of claim, the severity of the injuries, the number of defendants and the insurance coverage available.
You may be eligible for the following:
A fair settlement could help make you whole again as an injured party, allowing you to pay for your necessary medical care and rebuild your life with greater peace of mind. You can confidently pursue a fair and reasonable settlement for your construction zone accident by hiring a knowledgeable personal injury lawyer in Austin.
Falling object cases in Austin can be complicated, with legal nuances specifically connected to construction accident and worker injury laws in Texas. To ensure you receive fair compensation and your case goes as smoothly as possible, retain a construction accident attorney that you can trust.
An attorney will conduct a thorough investigation of your case to identify which party or parties may be liable for the falling object that struck you. Your lawyer will answer your questions and provide key details about what to expect from the legal process. That way, you can understand what steps to take next.
At FVF Law Firm, our attorneys have more than 100 years of combined experience in personal injury law. This includes a long roster of successful construction site accident cases in Austin and throughout Texas. To discuss your case with a knowledgeable attorney at no cost and no pressure to hire us, contact us today. Call (512) 640-2146.
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