Ask a Construction Accident Lawyer: Three Signs You Should Take Your Employer to Court

Construction jobs are a vital part of our society, but they also pose special dangers that workers in other fields may not face. If you’ve been injured at a construction site in Houston, TX, then it may be in your best interest to contact a construction accident lawyer. By hiring a lawyer, your rights as an employee will be protected, and you may be able to settle for the compensation you deserve, particularly if your employer was negligent.

Construction accident lawyers in Houston, TX understand the dangers of construction work and the unique challenges that occur when worker’s compensation issues arise. Although most employers will work with you to ensure your medical bills are covered by compensation claims, there may be some situations where you will need legal representation.

1. You Have Been Fired

Employers are not legally allowed to fire you because you have been injured on the job. Texas is considered an “employment at will” state, which means that employees can only be fired for legitimate and lawful reasons. If you are fired for an unlawful reason, such as being injured on the job, then this is considered wrongful termination.

However, some construction employers fire employees who are injured and unable to work due to alleged construction deadlines. In truth, this is a tactic that is unethical and illegal, especially when employees are injured on a construction site. Your employer is legally obligated to accommodate your absence until you can work again, or until it is medically decided that you are unable to work in the future (such as becoming disabled as a result of an accident). If you have been fired after an injury, then you will need legal representation.

2. Employer Refuses Worker’s Compensation

In Texas, employers have the option to provide worker’s compensation insurance, which means your coverage in case of an accident is not guaranteed. Even if your employer does have worker’s compensation insurance, many employers are reluctant to offer full compensation, and may even try to fight employees on compensation claims. The most common way employers deny compensation claims is to suggest the employee was injured when they were not working.

If this is your situation, you will need to prove to your employer and possibly the court when and how your injury occurred. To gather enough evidence and testimony, you will need the help of a lawyer to build your case. Testimony from other employers, forensic analysis of the working conditions of the construction site, and other evidence from medical professionals and medical records will be part of your case.

3. Your Accident Was Caused By OSHA Violations

OSHA has long recognized that construction workers face unique challenges and dangers during their employment. Construction workers often handle specialized machinery and equipment, as well as face circumstances where injuries related to falls, crushes, electrocution, toxic exposure, and being struck by objects are a common risk.

However, OSHA rules and regulations for construction workers, construction employers, and construction sites are very specific. Violation of OSHA standards typically means that your employer is negligent in the safety of employees, so an unsafe working environment may be considered a cause of your workplace injury. Some specific OSHA standards include:

Fall Prevention

Construction employees who are working in any condition where a fall is a risk are required to meet fall protection standards that are enforced by the employer. Workers must be allowed to wear fall protection rigs to prevent falls of more than six feet or to prevent falls of more than one lower level. Fall protection includes tethered anchors and other fall restraint systems.

Heavy Equipment Operation

OSHA standards require that all employers supervise and advise employees who operate heavy machinery, particularly in terms of avoiding unsafe conditions to reduce injury. In practical terms, this also means that employers should not allow anyone who is not certified or trained to operate heavy machinery. If employees are injured because of unqualified operation of heavy machinery, this is considered an OSHA violation and may be grounds for legal suits.

Toxic Fumes

Construction materials often release gases, particles, fumes, and vapors that may be toxic to the health of construction employees. The best example of this is asbestos, which continues to be a high health risk for construction workers. OSHA requires that certain safety standards, such as masks, are met when construction workers are using potentially toxic materials. Employers who do not provide OSHA-standard safety and personal protection equipment are violating safety policies.

Worker’s compensation laws in Texas can be tricky because not all employers will offer worker’s compensation benefits, and the employers who do offer these benefits may be reluctant to provide coverage. If you have been injured and you have lost your job, been unable to claim worker’s compensation benefits, or you believe your injury was caused by OSHA negligence, then you will need the help of a legal expert to secure fair compensation.