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THE SHEENA LAW FIRM
Attorney & Counselor at Law

 

Construction Injuries

In construction accident cases, lawyers must first determine the negligent party in a construction injury case; For example a manufacturer of equipment; a defective product or a negligent third party.

We will determine if Workman's Compensation law controls the case or is there a responsible third party.

Construction sites accidents are unfortunately still commonplace.  Thousands of construction workers are injured or killed in a construction site accident each year. Construction companies must inspect each site with safety engineers and provide safety programs, but unfortunately accidents still occur due to the inadequacy of these provisions.


When should I consult a Construction Accident lawyer?

A Construction Accident lawyer should be consulted after sustaining a serious work related injury. Even if for no other reason than to have the workers’ compensation system explained to you, and what to expect from the process. There is a substantial likelihood that the insurance company will eventually challenge a worker’s right to compensation benefits, and the insurance company begins preparing a litigation strategy to get an injured worker off compensation from the time that the adjuster opens the file.

It is critical for the injured worker to consult a Personal Injury Lawyer as soon as possible especially if the injury is serious, it is always recommended that you get in touch with an attorney experienced in workers’ compensation law

Worker's Compensation

If you work at a construction site and have suffered a personal injury , you are entitled to receive certain prescribed benefits through Worker's compensation. These include payment of medical bills, a weekly benefit for each week you are unable to work, and payment on a scheduled basis for a permanent injury.

Worker's Compensation awards tend to be modest since they are based on past earnings and there is no provision for pain and suffering. In addition, you are not permitted to sue your employer for any other damages.

Construction workers can sue for damages but, like all other employees injured in the workplace, construction workers can sue and recover an award against other people or companies for injuries sustained in the same accident, such as the owners of the project or general contractors.

To make construction work safer, State Law has strict safety laws that place the injured worker in a favorable position to sue and recover damages. These laws require contractors, owners, and their agents to furnish scaffolds, hoists and other structures for erecting, demolishing or repairing buildings. If the owner or general contractor fails to provide safe working conditions under the law, he is held responsible for all injuries, regardless of the fact that he exercised no supervision or control over the work being performed at the work site. The liability is strict and the negligence of the worker is of no consequence.

We begin by investigating the owners, architects, insurance companies and manufactures of equipment. The general contractor and all subcontractors are required to provide reasonably safe site, warn of hazards inherent in the site and work, hire careful employees, coordinate job safety and supervise compliance with safety specifications.

We utilizes scientific and engineering experts to determine if manufacturers or construction equipment are responsible. Employers are responsible for the safe design and proper maintenance of equipment and products in the work place. Defective or dangerous products can include scaffolding, cranes, power tools derricks, hoists, conveyors, woodworking tools, ladders, winches, trucks, graters, scraper, tractors, bulldozers, forklifts, as well as many other types of construction equipment.

We will also consider claims against the subcontractors. It is common place for a Construction Accident lawyer to locate several potential third party defendants responsible for the personal injury. In more complex cases, the legal principles of agency and analysis of Corporate Law can lead to sophisticated determination as to who is technically an "employee" and who the "parties" are in given situation.

Can I sue my employer or a co-employee for careless and reckless behavior ?

No. The employer is granted immunity from negligence claims by its employers. The good news is that the employee can recover wage loss and medical benefits even if the worker himself carelessly or recklessly causes his own injury and disability. It is a-give-and-take situation designed to ensure that as few people as possible are without any means to provide for themselves and their families, even the careless.


Danny M. Sheena, P.E.

 
The Sheena Law Firm
2500 West Loop South, Suite 518
Houston, Texas 77027
 
(713) 224-6508 - Office
(713) 225-1560 - Fax
 

Email: Danny@Sheenalawfirm.com

 

Practice Areas


Admiralty
Airline Crashes
Burns
Business Litigation
Car Accidents
Catastrophic Injuries
Construction Defects
Construction Injuries
Criminal Defense
Electrocutions
Employment Injuries
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Insurance Bad Faith
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Non Subscribers
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Personal Injury
Petrochemical Claims
Product Defects
Real Estate Law
Securities Fraud
Third Parties
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Truck Accidents
Wrongful Death

 
 

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