Construction Site Injuries
As it turns out, more construction workers die on the job in Texas than in any other state. This is because Texas workers are often not provided proper protection. The Occupational Safety and Health Administration (“OSHA”) often fines Texas companies for safety breaches. Breaches which, sadly, may lead to injuries, and even death. If you’ve been injured on a work site, hiring a construction accident lawyer is a must.
The nation’s main workplace safety and health law is the Occupational Safety and Health Act of 1970. The Act requires employers to provide a safe workplace to the employees, free of known dangers. Additionally, the Act requires both employers and employees to follow health and safety standards. Complying with OSHA standards can prevent workplace tragedies and help keep Workers’ Comp costs down. OSHA standards may also increase productivity of the employees, who feel safer and more secure at work.
OSHA standards are quite easy to read and comprehend. Furthermore, OSHA provides that when a standard is breached, the employees have a right to report it. If the employer punishes the employee who made the reports in any way, they are subject to legal action. If the company’s breach was not willful, it may still result in civil penalties. The penalties increase for serious or repeat violations. Willful breaches can result in both civil penalties as well as jail time, depending how serious they were.
Proving the Employer’s Negligence
An injured worker normally must show that his or her company was negligent in order to win a case. That requires a showing that the employer owed a duty to the worker, that the company breached such a duty, that the injury was in fact caused by the employer’s breach, that the injury was a predictable result of the breach, and that damages resulted.
How Long Do You Have to File?
An employee has two years to file suit from the date of injury, or from the date they reasonably should have known that they were injured. If a lawsuit is not filed within this two year period, they may be barred from filing suit.
Hire an Construction Accident Lawyer for your Case
If you are an injured worker, seek an experienced construction accident lawyer. You deserve to be compensated, and the attorneys at the office of Pastrana & Lee are here to help. Our lawyers are on the Texas Verdict Hall of Fame and will only charge a legal fee if your case is a success.