Construction Site Accidents

Published on: November 17, 2013

Texas Workers’ Compensation Law Update

An August 2013 court decision by a federal appeals court brings attention to the impacts of Texas being one of two states in the country that allows companies to opt out of the state’s workers’ compensation system. In the case, Mary A, Ernewayn v. Home Depot U.S.A., Inc., Mary A. Ernewayn, a Home Depot employee in Texas filed sued against Home Depot in Texas state court, alleging that the company was negligent. Ernewayn claimed she suffered neck and back injuries while operating a lumber cart in a Home Depot store. Home Depot sought to remove the case to federal court based on the fact that the company had opted out of the Texas workers’ compensation system.

In August 2013, however, a federal appeals court panel denied the company’s request to defend itself from a workers’ compensation claim in federal court. More specifically, the federal court affirmed the lower court’s finding that even though Home Depot did not subscribe to the Texas state workers’ compensation system, the state’s workers’ compensation law still limited the number of common law defenses the company could assert.

The Opt-Out System in Texas

Most states require employers to carry a workers’ compensation insurance policy to cover any costs such as lost income or medical bills should an employee become injured while at work. This means that, in most states, if someone is injured on the job, he/she can file a claim. If the claim is approved, the employee is entitled to payment of his/her medical bills and compensation to cover lost wages and disability.

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Published on: August 17, 2013

Texas A&M Construction Accident Highlights Dangers faced by Construction Workers in Texas

By Carabin Shaw

Construction projects can be dangerous and can be the result of faulty machinery, inexperience, lack of safety measures, and weather, among other factors. Notably, the construction industry in Texas not only employs nearly 600,000 Texans, but it also contributes $9.2 billion in wages. Unfortunately, construction workers face some of the most deadly working conditions in the country. According to the Bureau of Labor Statistics, 715 construction-related deaths were recorded in the U.S. in 2010, and 138 of these deaths occurred in Texas.

In June 2013, four workers were hurt, three critically, after a barn frame collapsed at a Texas A&M University equestrian complex that was under construction. According to a Texas A&M spokesman, the collapse took place on university property about a mile from the main campus. The National Weather Service reported that conditions at the time of the collapse were cloudy with temperatures in the mid-80s and winds gusting just above 10 mph, indicating that weather was likely not a factor.

This accident is just one of many accidents involving construction workers taking place across Texas. According to the Houston Chronicle, Texas leads the nation in the rate of construction worker fatalities. Although federal and state regulations provide some protections to construction workers and their families, there is still more that can be done. Even though workers injured on the job are supposed to recover lost income via workers’ compensation, in at least 60% of work-related fatalities in Texas, no benefits from workers’ compensation are paid. In fact, according to data from the Texas Department of Insurance, this number is even higher for construction workers. Additionally, Texas is currently the only state in the United States that does not require workers’ compensation for private employers.

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Published on: June 19, 2013

Navigating Work Place Injuries

By Carabin Shaw

Navigating Work Place Injuries

With more and more drilling activity occurring across the Eagle Ford Shale and the economy doing better here in San Antonio, we are seeing more and more individuals injured on construction sites, work sites and oil well drilling sites.

Workplace injuries and deaths make up a large part of litigation handled by many personal injury attorneys. According to the United States Secretary of Labor, every year nearly 4 million people suffer a workplace injury, from which some never recover.

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Published on: March 1, 2012

Construction Worker in Critical Condition After Equipment Lands on Top of Him Near Austin

By Carabin Shaw

The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) are investigating a construction accident near Austin that sent a worker to the hospital on Tuesday. A construction worker in his 30’s suffered a cardiac arrest after a roller machine he was operating to pack and flatten dirt at the new Circuit of the Americas Formula One race track fell on top of him. The worker was taken by helicopter to a local hospital where he remains in critical condition.

A spokesperson for the track, Jeff Hahn, stated the construction employee was experienced in using the machinery that purportedly caused his injury. He also said the worker had undergone many hours of equipment training. According to Hahn, this is the first accident at the 970 acre site since construction began approximately two months ago. Each day, anywhere between 350 and 400 workers can be found working around the clock at the construction site. The race track is scheduled for completion later this year.

Although all work stopped near where the accident occurred, it continued in other areas of the building site. Hahn stated he did not believe the accident would have an effect on the track’s overall construction schedule. Agents from OSHA arrived on the scene to investigate the accident early Wednesday morning.

The Occupational Safety and Health Act of 1970 created OSHA to reduce employee injuries and fatalities. Under the Act, workers are provided with certain safety-related rights such as training, information about safety hazards, and copies of safety test results. Employers must follow OSHA health and safety standards and provide a workplace that is reasonably free of safety hazards. When a serious workplace accident occurs, OSHA is tasked with investigating whether the work site complied with established safety standards.

Employees in the construction industry may be faced with hazardous conditions on a daily basis. Unfortunately, construction accidents hurt or kill thousands of workers every year. Although workplace injuries are generally subject to state workers’ compensation laws, a third party may be liable for failing to implement adequate safety measures. The manufacturer of construction equipment may be held responsible for building a dangerous or defective product. Contractors have a duty to warn workers about potential construction hazards and take proper safety precautions to ensure a reasonable level of safety. Architects and property owners may also be liable for dangerous conditions that result in an accidental injury. If you have questions, a qualified construction accident attorney can explain an injured worker’s options for financial recovery.

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