If you or a loved one has suffered a Workplace Accident, you should discuss your rights and options with an experienced Work Injury Attorney. Without experienced representation, you could settle for far less than you are entitled to.
The Dallas Work Injury Lawyers of Miller Weisbrod offer informed counsel and experienced representation to clients in Texas and nationwide. To discuss your case in a free initial consultation with an experienced lawyer, please fill out the contact form on this page to schedule an appointment. You can also call us directly at 214-987-0005 or toll free at 888-987-0005.
Recovering Compensation For Catastrophic Work Injuries Independent contractors are not covered by workers' compensation laws, unless they have been misclassified. If you are an independent contractor who is injured at a work site, you can sue for personal injuries under theories such as negligence, product liability, and premises liability.
In Texas, not all employer’s have insurance that is true Texas Worker’s Compensation insurance. Some employers have what is called “non-subscriber” insurance (often these are called Occupational Accident and Injury Plans). Under these circumstances, the employee can bring suit to recover money damages in addition to what is provided for employee. This can be a tricky area! You should have an experienced Work Injury Attorney review your case and your insurance policy to advise you of your rights.A "non-subscriber" is any employer who chooses not to subscribe to workers' compensation coverage. When your employer opts out of workers' comp coverage, you cannot file a workers' comp claim. Instead, your only option is to pursue a non-subscriber work injury claim. Instead, your only option is to pursue a non-subscriber work injury claim which includes the right to sue your employer for full damages NOT just those covered under an occupational injury plan.
Occupational accident coverage provides a degree of coverage for accidents or injuries while a person works. It is optional coverage and typically costs about 50% less than workers’ comp coverage. It may suit companies that do not need all of the benefits that a comprehensive workers’ comp policy provides. Occupational accident insurance covers lost wages, medical expenses, and death benefits up to the policy limit. Additionally, businesses can choose the deductible, limits, and disability coverage they want to buy.
Even if you are an employee covered by worker’s compensation insurance and someone other than, or in addition to, your employer is responsible for your injuries, then you can recover. This is true even if your employer is partially responsible!
OSHA’s Top Ten Frequently Sited Violations
- Fall Protection, construction
- Hazard Communication Standard
- Respiratory Protection, general industry
- Scaffolding, general requirements, construction
- Ladders, construction
- Control of Hazardous Energy
- Powered Industrial Trucks, general industry
- Fall Protection–Training Requirements
- Eye and Face Protection
- Machinery and Machine Guarding, general requirements
Fatal Falls According to OSHA, out of 4,674 worker fatalities in private industry for the calendar year 2017, 971 (or 20.7%) were in construction. Additionally, fall protection in construction was the number one most frequently cited OSHA violation for 2018.
A recently constructed CDC Occupational Safety database allowed researchers to determine that falls accounted for nearly half of all construction worker deaths. This database was also able to track and analyze all fall incidents from 1982-2015.
- 42% percent (325) of the fatalities involved falls
- 54 percent of the workers killed had no access to a personal fall arrest system, and 23 percent had access to a PFAS but did not use it
- Most of the workers with no access to PFAS worked for residential building contractors and contractors in the roofing, siding and sheet metal sectors
- 107 of the 325 falls were from 30 feet or higher
- 20 percent of the 768 deaths occurred in the victims’ first two months on the job
Throughout the industry, these falls were largely preventable. More than half of the workers involved in falls lacked access to fall protection. This includes even basic protections such as freestanding handrail systems.
Our experienced Work Injury Attorneys understand the serious and potentially lifelong impact a Catastrophic Work Injury can have. From amputated limbs to paralysis to traumatic brain injuries, we use our experience and resources to help clients recover just compensation from negligent parties for their medical expenses, lost wages, partial or permanent disability, and − most importantly − the pain and suffering they have endured.
Common Accidents- Construction accidents: trench collapses, scaffolding falls, uncovered holes, and unsecured guardrails
- Warehouse accidents
- Inadequately guarded machines
- Lack of safety policies, e.g. lock-out/tag-out, etc.
- Accidents caused by defective machines or defective products
- Electrical accidents
- Oil field accidents
- Fires or explosions
- Delivery or commercial trucking accidents
- Other commercial vehicle accidents
- Accidents resulting from repetitive physical or psychological stress
- Slip-and-fall accidents and other issues of premises liability
- Other on-the-job accidents
A general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, Our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Clay Miller tried the case to a Dallas County jury in October 2017, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.
Experienced Representation Against Insurance CompaniesEmployees who have suffered an injury in a workplace accident find that insurance companies are often quick to offer settlements, or pressure them into signing waivers that limit their rights. Our Work Injury Attorneys have significant experience taking on big insurance companies or liable third parties, and defend our clients' right to receive full and fair compensation.
If you or someone you love suffered a fall injury at a construction site, do not hesitate to contact the Dallas Work Injury Attorneys of Miller Weisbrod. Call our offices in Dallas at 214.987.0005 or toll free at 888.987.0005 for a free consultation. You may also contact us by filling out the form on this page for answers to your important questions or to schedule an appointment.
