Construction Accidents

Construction is a dangerous line of work.

No matter how vigilant you are, you depend on others to use the same amount of common sense.

In some cases, they don’t.

Through no fault of your own, you can suffer a serious or even life-threatening injury.

You might not be able to return to work, sometimes for a long time, other times forever.

Find a Construction Accident Lawyer to Help File Your Claim

When you file a claim against your company’s insurance, you begin a process of negotiation with your company’s insurance company. Sometimes, the insurance company doesn’t play fair. Sometimes, your own company doesn’t play fair. It’s, therefore, imperative to have the skilled construction accident lawyers at Fadduol, Cluff, Hardy, & Conaway, P.C. manage your claim. We can ensure that your claim is not devalued or denied and that you get the compensation that you deserve.

Construction Accidents and Their Causes

Construction sites are chaotic places where multiple contractors, heavy equipment, and complicated operations combine to make things more hazardous. Because the construction industry in Texas and New Mexico is growing rapidly, employees are facing more workplace accidents. While workers wear protective gear and follow OSHA regulations, accidents still happen, all of which indicate the underlying dangers of working in the field.

Falls from Heights: The #1 Construction Injury

Falls from heights are among the most common and severe types of construction accidents in Texas and New Mexico. They happen when workers work on scaffolding, roofs, or elevated platforms without proper fall protection equipment. Inadequate guardrails, unsecured walking surfaces, and poorly maintained safety equipment are big contributors to these incidents. Weather in both states, especially strong winds and sudden storms, can increase the risk of falls even more.

Equipment and Machinery Accidents

Heavy equipment accidents are another major category of construction site incidents. These commonly happen when operators are not adequately trained, or a project is behind schedule. In Texas’s big construction projects, crane accidents are becoming a big concern, especially in urban areas with limited space, where operators must work in tight spaces. In New Mexico’s growing residential construction industry, incidents involving smaller equipment like forklifts and backhoes happen more often due to operator error or mechanical failure.

Electrical Accidents and Their Causes

Electrical accidents are an extraordinary threat to construction sites in both states. They happen when workers come in contact with overhead power lines, exposed wiring, or improperly grounded equipment. The risk increases during Texas’s hot summer when moisture affects electrical systems and in New Mexico when dust storms compromise operations. Poor communication between electrical contractors and other workers and inadequate lockout-tagout procedures are common causes of these situations.

Struck-By Incidents

Another major category of construction accidents is objects falling from above or vehicles striking workers. These events happen where there are no barriers between work zones and vehicle pathways. In Texas’s big commercial construction projects, the risk of being struck by falling objects increases because of the height of the building being constructed. New Mexico’s residential construction sites face the same challenge when material handling protocols are not followed.

Common Construction Accident Injuries

Construction accident injuries come in many forms and degrees of seriousness, some with life-changing consequences over time. Knowing these injuries helps workers and employers understand the importance of safety measures and proper accident response.

Traumatic Brain Injuries 

Traumatic brain injuries happen from falls or struck-by incidents on construction sites. These can range from mild concussions to severe trauma that causes permanent cognitive impairment. The impact goes beyond physical recovery. Workers can’t return to their jobs and maintain their quality of life. In both Texas and New Mexico, the high altitude and extreme temperatures can complicate brain injury recovery.

Spinal Cord Injuries and Their Effects

Spinal cord injuries happen when workers fall from heights or they experience crush injuries. These events can cause partial or complete paralysis and require extensive medical treatment and rehabilitation. Spinal cord treatment costs can range in the millions of dollars over a lifetime, so proper workers’ compensation coverage is essential.

Orthopedic Injuries and Their Long-term Impact

Broken bones, torn ligaments, and joint injuries are common in construction accidents. While some workers fully recover from these injuries, others will have chronic pain and limited mobility that will affect their ability to go back to construction work. The physical demands of construction work make even minor orthopedic injuries potentially career-ending.

Burns

Burns from electrical accidents, fires, or chemical exposure can cause severe tissue damage that requires extensive treatment. Electrical injuries can also cause internal organ damage that may not be visible but can lead to long-term health complications. New Mexico’s dry climate and Texas’s high humidity increase these risks at construction sites.

Workers’ Compensation Rights

Construction accident victims in Texas and New Mexico have specific legal rights and protections. Knowing these rights is vital to getting proper compensation and medical care after an accident.

The system covering workers’ comp in New Mexico and Texas allows injured workers to get medical care and recoup lost wages. However, given the strict deadlines and documentation requirements, the process is complicated and sometimes confusing. Insurance companies often try to minimize or deny claims, so discussing your case with a construction accident lawyer is essential.

Why Insurance Companies Deny Workers Compensation Claims

There are a number of reasons that an insurance company can give for denying a workers compensation claim. Those include:

Your injury did not happen at work.

An insurance company can claim that your injury happened elsewhere or it was only aggravated by your job.

You didn’t file your claim in time.

To be safe, you should inform your employer of the injury as soon as it happens. Too often a seemingly “minor” injury can turn out to be must worse than you anticipated.

Workplace intoxication.

After an injury, your employer and their insurance company will generally ask for a drug test. If it comes back positive, they will deny your claim. This is despite the fact that you may not have been intoxicated at the time of the accident. It’s important to tread lightly here.

Approved medical providers.

The company and its insurance company will likely give you a list of approved medical providers. You must comply with this request, but having a skilled construction accident attorney on your side can mitigate the damage that a biased doctor can do.

You were goofing off.

If it turns out that your injury was not caused by a work-related accident, the insurance company may deny your claim.

In addition, when construction accidents occur, it is quite possible that your employer has a lot to lose.

Their premiums could increase, and this could cut into their profit margins. They can dispute the claim based on any of the grounds listed above. They can try to blame the accident on your own negligence.

If their insurance company can find a valid reason to deny your claim, they will. Having a construction accident attorney manage your claim greatly reduces their ability to devalue your claim or attempt to blame you for the accident.

Third-party Liability in Construction Accidents

If you get hurt on the job because of a third party, you may sue the third party for compensation. Entities may include equipment manufacturers, subcontractors, or property owners at the job site. These claims can provide additional compensation beyond workers’ compensation benefits.

Prevention and Safety

Accident prevention requires total safety management and worker protection. Both New Mexico and Texas have specific requirements and best practices for construction site safety.

Safety Training and Certification

Texas and New Mexico builders must be trained for their specific jobs. This on-the-job training includes OSHA-required training and receiving specialized certifications for operating specific equipment. Workers taking refresher courses can stay current on safety standards and hazards.

Wearing Personal Protective Equipment (PPE)

Workers who wear personal protective equipment (PPE) reduce the risk of injury at construction sites. Managers should schedule regular inspections of PPE items and replace worn-out equipment to ensure safety at construction sites.

Safety Planning on Construction Sites

Construction companies must develop safety plans that account for site hazards. These plans require project managers to meet regularly and update their workers on safety standards and risks. Managers should also document safety measures and fill out incident reports to prevent future risks.

Contact a New Mexico Construction Accident Attorney Today

If you’ve suffered injuries in a construction accident, there’s a lot at stake for both you and your family. The construction accident attorneys at FCHC will help manage your claim and ensure you get a fair settlement from the insurance company.

Reach out now by contacting us online or calling us at (866) 432-4790, and we can begin working on your case today.

Construction Accident FAQs

What do I do after a construction accident?

Get medical attention immediately for any injuries, even if they seem minor at first. Report the accident to your supervisor as soon as possible. Document everything about the incident, including pictures if possible. Keep records of all medical treatments and follow your doctor’s instructions. Contact a construction accident attorney to learn your rights and options.

What is the filing time for a workers’ compensation claim?

If you live and work in Texas, you have 30 days to report an injury to your employer and 1 year to file a workers’ compensation claim. In New Mexico, you have 15 days to report most injuries and 1 year to file a claim. Respond immediately, as deadlines may vary.

Can I choose my doctor for treatment?

The rules for choosing medical providers vary between Texas and New Mexico and may depend on your employer’s workers’ compensation insurance. In some cases, you must select from a list of approved providers, or some insurance providers offer more flexibility. Speak to a construction accident lawyer before you proceed.

What benefits do I get from workers’ compensation?

Workers’ compensation covers medical expenses and part of lost wages and rehab. The benefits available depend on the nature and severity of your injuries, your average weekly wage before the accident, and other factors. For permanent disability, additional benefits may be available.

What if my employer doesn’t have workers’ compensation insurance?

Texas is the only state that doesn’t require all employers to have workers’ compensation insurance. If your employer is a non-subscriber, you may have the right to file a personal injury lawsuit against them. New Mexico requires workers’ compensation coverage for most employers. If your employer is uninsured, you may have other legal options to get compensation.

How do I prove my injury occurred at work?

Document everything about your accident, including witness statements, pictures, and incident reports. Keep detailed records of all medical treatments and how your injuries affect your ability to work. An experienced attorney can help gather and preserve the evidence for your claim.

What if an insurer denies my claim?

You can appeal if your workers’ compensation denies your claim. The appeals process varies between Texas and New Mexico, but generally, you will need to present evidence to support your claim at a hearing.

Will my job be protected if I get hurt in a construction accident?

Workers’ compensation laws don’t directly protect your job, but other laws, such as the Family and Medical Leave Act (FMLA), may safeguard your rights. Know your rights under different employment laws to protect your job while you recover. Always speak to a construction accident lawyer to ensure these protections.