The construction industry accounts for the largest number of occupational injuries and deaths each year across the country. According to the U.S. Bureau of Labor Statistics, Texas has ranked either first or second in the number of occupational injuries per year since, at least, 1992 and construction accidents caused the largest number of those injuries. One-forth of those accidents involve laborers and a disproportionate percentage involve Hispanic workers.
Workers injured in construction accidents are usually entitled to workers compensation benefits, however those benefits are very limited. Whether compensatory damages are available as well depends on the often complex relationships between general and subcontractors on the work site.
The Occupational Safety and Health Administration promulgates standards intended to make workplaces safe, but those standards are frequently violated. Depending on the circumstances, evidence of violation of an OSHA regulation may be admissible to prove both control of the worksite as well as negligence. OSHA reported that its 10 most frequently cited standards in 2005 were:
- Scaffolding (1926.451)
- Hazard Communication (1910.1200)
- Fall Protection (1910.1200)
- Respiratory Protection (1910.134)
- Lockout/Tagout (1910.147)
- Powered Industrial Trucks (1910.178)
- Electrical Wiring (1910.305)
- Machine Guarding (1910.212)
- Electrical Generator Requirements (1910.303)
- Ladders (1926.1053)
Hartley Hampton has handled a broad variety of construction accident cases. Many cases have been referred to him by other lawyers.
The firm works strictly on a contingent fee basis and advances all of the costs of investigation, case development and court costs. Those expenses, plus our fee, are deducted from the ultimate recovery. But if we are not successful, we absorb all costs and charge no fee.
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