Undefeated Houston Work Injury Lawyer
A Houston construction site turned deadly yesterday morning when a worker was struck by a heavy beam during a loading operation.
Worker Was Loading Beams Onto Truck
Emergency crews were called to the site in the 2900 block of Clinton Drive near downtown at approximately 11:39 a.m on December 22nd. According to media reports, the unidentified worker was standing atop the beams, helping to load them onto a truck, when they shifted. The worker fell and was struck by a beam.
Sadly, he was pronounced dead at the scene. Heavy rescue units were called in to move the beams and assist with recovering the workers’ remains.
No one else was hurt in the accident.
Construction Ranks as the Nation’s Deadliest Industry
Construction consistently ranks as the nation’s deadliest industry. In fact, according to the U.S. Occupational Safety & Hazard Administration, 1 in 5 injuries reported on construction sites each year ultimately prove fatal.
Texas ranks as the most dangerous state for construction workers, averaging around 1000 fatalities each year. At least 100 Harris County construction workers die on the job every year.
Struck-by hazards are a well-documented danger on construction sites, with falling objects accounting for more than 25% of all worker deaths reported by the industry in 2019. According to the U.S. Centers for Disease Control & Prevention, struck-by incidents involving vehicles made up 47% of all construction fatalities that year.
Between 2018 and 2020, being struck by objects and equipment was also among the leading causes of nonfatal injuries among construction workers.
Don’t Count on Workers’ Comp After a Fatal Construction Accident
If you lost a loved one to a construction accident, you might assume workers’ compensation will be there for you and your family. But in Texas, private employers are not required to carry workers’ comp insurance. If the employer does not subscribe, no benefits are available at all, regardless of how clearly the death was work-related.
Even if your loved one’s employer does carry workers’ comp, those benefits will only pay 75% of their average weekly wage, subject to specific state minimums and maximums. Depending on your circumstances, those payments may not come close to covering your family’s normal monthly living expenses.
What’s more, workers’ compensation pays nothing for your loved one’s pain and suffering, loss of future earning potential, loss of companionship, or other damages that surviving family members can ordinarily pursue in wrongful death lawsuits and survival claims.
Can Families Sue for Wrongful Death After a Fatal Construction Accident?
In Texas, workers’ compensation generally bars surviving family members from suing an employer after a fatal construction accident, even when the death was preventable. However, there are limited circumstances in which they may take legal action against their loved one’s employer:
Workers’ Comp Not Available
If the construction company does not carry workers’ compensation, a deceased worker’s family is entitled to file a wrongful death lawsuit directly against the employer. In those cases, the employer also loses several common defenses that might otherwise allow the company to escape liability.
Gross Negligence or Willful Misconduct
Texas also allows surviving family members to file suit and seek damages if the worker’s death was caused by the employer’s gross negligence or willful misconduct.
Liable Third-Parties
Workers’ compensation does not protect other companies on a job site when their negligence contributed to a worker’s death, provided the deceased was not their employee. On a construction site, potentially responsible third parties may include:
- General contractors and subcontractors
- Crane, hoist, or heavy-equipment operators
- Property owners or developers
- Manufacturers or suppliers of defective equipment or materials
In these circumstances, Texas law also allows the estate of a deceased worker to file a survival claim on their behalf. Unlike a wrongful death lawsuit, a survival claim seeks compensation for the damages the worker incurred before dying, including medical expenses, lost wages between injury and death, and the pain and suffering they endured before succumbing to their injuries.
Undefeated Houston Work Accident Lawyers: Call 1-888-603-3636 or Click Here for a Free Consultation.
Our undefeated Houston Work Injury Lawyers are investigating the fatal construction accident that occurred in Houston on December 22nd, and we’ll post an update when new information becomes available.
Having won billions, including record-setting verdicts and settlements, for workers and families across Texas and throughout the United States, our Houston construction accident lawyers have the resources and experience to take on negligent construction companies, their insurers, and their teams of attorneys—and win.
If you have questions about this week’s fatal Houston construction accident, please call 1-888-603-3636 or send us a confidential email through our Contact Us page.
We’ll answer all of your questions, explain your legal rights and options, and provide all of the information you need to make the best decision for yourself and your family.
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