Houston Construction Accident Lawyer

Have You Been Injured in a Construction Accident in Houston, Texas? Our Houston Construction Accident Lawyers Want to Help You.

Houston and its surrounding areas are in a constant state of change. Whether it be road construction, the construction of new homes or office buildings, or renovation in one form or another, Houston is always a hotbed of construction activity.

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Consequently, it should come as little surprise that Houston is also one of the nation's leaders in construction accidents. If you’ve suffered an injury as a result of a construction accident, or may have lost a loved one due to a construction accident, are you aware of your legal rights to seek compensation for your injury or loss? Houston construction accident lawyer Michael Grossman offers the following informational article so that you can have a fuller understanding of how to get help for a construction accident causing injury or death, and why seeking proper experienced legal help is often the most beneficial first step you can take in order to see justice served.

For 20 years, the attorneys of Grossman Law Offices have worked to defend the rights of injured and deceased construction workers. Our hard work and determination has forced hundreds of companies to adopt new worker safety policies. By pursuing legal action against a negligent party or parties, you will be working towards two goals: compensation for your pain or loss, as well as working towards ensuring that a similar accident doesn’t occur in the future, incurring further harm on another person or loss for another family.


The First Issue in a Work Injury Claim: Workers Compensation Insurance

When discussing construction accidents in Texas, one of the first questions that must be answered is in regards to the employer’s workers compensation insurance status. The answer to that question leads to wildly divergent legal options for a victim to pursue in seeking compensation. Companies that are covered by workers comp insurance are known as subscribers; companies that are not covered are known as non-subscribers. Texas, unlike many states in America, does not require its companies to carry workers compensation insurance; however, a majority of companies opt to subscribe to workers comp because of the benefits the company receives as a result of doing so. The single largest benefit is the fact that workers compensation insurance prevents an aggrieved worker or family members of a deceased worker from pursuing legal action against the employer. In other words, a lawsuit cannot be brought against a company covered by workers compensation insurance.

This means that the aggrieved party must seek compensation through the insurance company that holds the workers compensation policy. This can often be a time-consuming and bureaucratic process, and an attorney may be necessary in order to help the aggrieved party towards receiving proper compensation. Additionally, there may have been other people or entities that share a portion of the liability for the accident, and, in those instances, a Houston personal injury or wrongful death lawsuit could be brought against those negligent parties.


The Exception to Subscriber Wrongful Death Cases

It should also be noted that there is an exception to workers comp cases when the employer exhibited gross negligence that resulted in a worker’s death. In that case, a wrongful death lawsuit can be brought against a subscribing employer; however, the standard of proof is very high since the plaintiff’s legal representation must be able to show that the employer was well aware that a dangerous accident had a high likelihood of occurring and did little to nothing to ensure that it wouldn’t. Grossman Law Offices has prior experience in such cases and will work on your behalf in order to gather relevant evidence in order to prove the truth of how the accident causing death occurred.

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Work Injury or Wrongful Death Claims Against a Non-subscriber

If an employer does not subscribe to workers compensation insurance, then an aggrieved party can bring a personal injury or wrongful death lawsuit against the negligent company, regardless of the type of negligence that occurred. As such, compensation can be sought for damages incurred. Damages can include compensation for medical bills, property damage, lost wages, loss of future earnings, pain and suffering, or mental or emotional trauma.

Seeking compensation through a personal injury or wrongful death lawsuit is done through the lens of trial law, rather than the administrative process that is entailed when seeking compensation from a workers’ compensation policy. As such, an experienced Houston construction accident attorney can be of immense benefit towards seeking full and fair compensation for your construction-related injury or loss. Additionally, only a low standard of negligence has to be proven against a non-subscriber in order for a work injury claim to stand a high likelihood of resulting in a successful conclusion.


Challenges in Construction Accident Cases

When a non-subscriber must defend themselves in a work injury or work-related wrongful death case, they are only offered one defensive measure known as sole proximate cause. This means that the defense must be able to prove that you, if you were the victim of the accident, were wholly responsible for the accident and the resulting injury. This can lead to a witch hunt of sorts in which your competence and ability to do your job is thoroughly questioned. Furthermore, non-subscribers will employ defense attorneys who will likely be very experienced in proving sole proximate cause since that’s their only way to escape liability for the accident.


Employers That Claim to be Covered by Workers Comp But Are Not

Because employers know that coverage by workers compensation insurance prevents an employee or a bereaved family member from taking legal action against them, some companies will attempt to act is if they’re covered by workers comp insurance when, in fact, they aren’t. In our twenty years of litigating work injury cases we’ve seen this happen many times over. Often, a victim likely won’t be able to know whether or not a company is actually a subscriber or not without the help of an experienced Houston construction accident lawyer. Some companies will even offer specific amounts of money to an injured worker in order to make it seem like they’re covered by workers compensation insurance. Often, this is done as a quick and effective remedy to make quick work of the injured person’s claim in the hopes that the injured person doesn’t file a claim or that the person doesn’t find out their employer’s actual workers compensation status. Don’t be taken advantage of by such a company in seeking compensation for your own injury or loss. Contact Grossman Law Offices today at 1-855-392-0000 (toll free) for a free consultation. We can help you determine whether or not the employer at fault in your accident or in your loved one’s accident is a subscriber or a non-subscriber.


High-Dollar Insurance Policies

When a non-subscriber case occurs, there is likely going to be a high-dollar insurance policy at play. This means that the employer’s insurer could stand to lose a sizable sum of money if compensation is awarded to the injured victim or to the bereaved family. Insurance agencies exist to be profitable, and, in order to maintain their bottom line, they will use their most experienced insurance adjusters and employ seasoned defense attorneys to defend their assets, regardless of a victim’s need for compensation. In other words, a person bringing a personal injury or wrongful death lawsuit against a non-subscribing employer will likely face a stout defense. By enlisting the help of an experienced Houston construction accident lawyer like Michael Grossman, you can be sure to have a legal ally that is fully capable of going against such veteran adjusters and defense attorneys, working on your behalf with your best interests in mind so that you stand the greatest likelihood of receiving full and fair compensation for your construction accident injury or loss.


The Specific Challenges for Contractors, Temp Workers, and Freelancers

Many construction sites employ contract workers for a number of reasons. Often, one of those reasons includes the employer’s desire to escape liability for any accidents that might occur. Since a contractor is ladled with providing for their own safety while on a job site, a contractor that is hurt or killed while working at a construction site cannot bring a lawsuit against the employer. However, Texas law has an expansive definition for an employee, and, with a few pointed questions, a legitimate employer-employee relationship can be established, even if the employer called the injured or bereaved worker a contractor.

In order to ascertain whether or not a legitimate employer-employee relationship existed, ask yourself these questions in relationship to the employer at fault and the employee that was hurt:

  • Did the employer provide necessary equipment or tools to the worker?
  • Did the employer tell the worker when to arrive and when to leave?
  • Did the employer manage or inspect the worker’s work before completion of the work?
  • Did the employer have the worker sign certain documents, such as an employee handbook, that specifically established an employer-employee relationship?
  • Did the employer employ the worker for an indefinite period of time?
  • Did the employer pay the worker by a salary or by an hourly wage, as opposed to paying the worker per each completed job?

If any of these questions can be answered in the affirmative, then the injured or bereaved worker would likely be considered an employee, even if the construction employer deemed them a contractor throughout the working relationship. However, defense attorneys that are well acquainted with non-subscriber construction accident cases will attempt to prove the worker’s contractor status, so having a knowledgeable Houston construction accident attorney like Michael Grossman that is just as familiar with the laws surrounding non-subscriber cases can prove quite beneficial towards your seeking after compensation. If you’re unsure about your status with your employer, or your loved one’s status, consider contacting us for a free consultation at 1-855-392-0000 (toll free).


Don’t Sign Away Your Rights

As a word of warning to those seeking compensation as a result of a construction accident, never sign a release of liability in exchange for benefits that you are entitled to receive. In other words, a negligent company or their insurer may ask you to sign a document that would provide you with some financial benefits, but will effectively bind you from taking any further legal steps against them. The financial amount offered in such instances is often much less than what a fair settlement would be. Before signing any legal documents, consider enlisting our help. We’ll look over the documents to make sure that you’re not being taken advantage of by a company or insurer that simply wants to make quick and cheap work of your claim. You or your family likely deserve much more than a quick and small payout.


What About the Occupational Safety and Health Administration (OSHA)?

OSHA will often investigate many construction accidents, but they serve a different purpose than helping an injured worker or a bereaved family to receive compensation. OSHA investigations are made in order to ensure the safety of all workers so that another accident like the one that may have happened to you has a smaller likelihood of happening again. They are concerned with the broader implications of the accident and not with the specific implications for you or your family. OSHA investigations also often take many weeks, or even months, to be completed. As a result, OSHA’s involvement in your accident case can oftentimes be somewhat irrelevant towards your case. By enlisting the help of Houston construction accident lawyer Michael Grossman and his team at Grossman Law Offices, you will have the help of a team that will be able to conduct an independent investigation into the accident so that the truth of the accident can be found out quickly.


Have You Been Injured in a Construction Accident? Act Quickly

If you’ve been injured in a construction accident or have lost a loved one due to a construction accident, contacting experienced legal help as soon as possible after the accident has occurred is often the best first step you can take towards seeking compensation and seeing justice served. By waiting even a day longer, relevant evidence could go missing and key witnesses could become difficult to track down. When Grossman Law Offices takes a case, we will thoroughly investigate the accident scene where necessary and gather all relevant evidence in such a way that it is presentable in court. We will find out who all of the liable parties are that caused the accident, as construction-related accidents often have more than one party at fault. We will work towards finding out the truth of the accident so that you can stand to be fairly compensated for your injury or loss. However, that can only be done if you contact us quickly in the aftermath of such an accident so that a strong case can begin being built on your behalf.

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Houston Construction Accident Lawyer Michael Grossman Can Help

We believe that every construction worker in Houston and the surrounding areas has the right to a safe work environment in the form of safe and functional equipment and machinery, competent and thorough training and instructions, managers and supervisors who listen to the safety concerns of their workers, and full access to all necessary safety equipment. While many other law firms have moved away from practicing construction accident law, our attorneys are committed to helping the hard working men and women of the construction worker community. Contact us today at 1-855-392-0000 (toll free) for a free consultation to have any further questions answered.


Helpful Information

The laws that dictate the outcome of construction accidents can be a bit complex at times. Our attorneys believe that it is crucial for our clients’ questions to be answered. As such, the informational articles below were written to address virtually any questions you may have regarding your construction accident case.


Some of Our Most Recent Successful Cases
$700,000.00 Recovery - Commercial Vehicle Accident / Work Injury (Fractured Pelvis, Other Internal Injuries)
A loading dock employee suffered a fractured and damage to internal organs as the result of a crushing injury sustained when an 18-wheeler backed into him and crushed him between the trailer and loading dock.
Total Recovery:
$700,000.00
Attorney Fees:
$175,000.00
Litigation Expenses:
$1,084.00
$335,000.00 Recovery - Wrongful Death/ Commercial Vehicle Accident
The mother of a young man hired our firm to investigate the death of her son following a fatal car accident. The incident occurred as one of the two vehicles involved ran a red light and drive into the path of the other. The defendant was driving a work vehicle for a construction company. The defendant survived the accident and stated to police that the decedent caused the accident. The police could not conclusively determine who was at fault, yet the police report strongly implied that the decedent was likely at fault based on the statement provided by the defendant.

The plaintiff's mother was not convinced. Through a thorough investigation, we ultimately determined that the stoplight that the defendant claimed that our client ran, in fact, worked on a timer whereby the light was always green between certain hours unless a vehicle traveling on the intersecting road had been stopped at the right light for more than 30 seconds. Based on an analysis of the vehicles and tire markings, it was conclusively determined that both vehicles were traveling at the speed limit, which clearly indicates that the defendant driver had not accelerated from stop, rather, he was traveling at the speed limit, which would not have triggered a green light for the defendant.

The logical implications of this information is that the light could not have been red for the plaintiff, and it certainly would have been red for the defendant. As a consequence of this information, the case was resolved through litigation.
Total Recovery:
$335,000.00
Attorney Fees:
$134,000.00
Litigation Expenses:
$63,000.00
$125,000.00 Recovery - Workplace Accident (Closed-Head Injury)
Recovery for injured worker who suffered a closed head injury in a scaffolding accident.
Total Recovery:
$125,000.00
Attorney Fees:
$30,000.00
Litigation Expenses:
$2,135.00
Confidential Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) Our attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$162,500.00 Recovery - Workplace Accident (Shoulder Injury)
Recovered for worker who injured their shoulder while lifting a heavy object.
Total Recovery:
$162,500.00
Attorney Fees:
$81,250.00
Litigation Expenses:
$3,784.00
$550,000.00 Recovery - Workplace Accident (Closed-Head Injury)
A painter fell from an apartment balcony resulting in a closed-head injury and other minor bodily injuries. The case was successfully resolved through litigation against the plaintiff's employer and the general contractor.
Total Recovery:
$550,000.00
Attorney Fees:
$220,000.00
Litigation Expenses:
$20,465.00
$550,000.00 Recovery - Wrongful Death / Workers' Compensation Gross Negligence
(policy limits) A father of two was killed on the job when he fell from a personnel platform atop an elevated piece of machinery. The defendant was initially afforded protection from a liability suit by virtue of their workers' comp policy. Upon thorough investigation, it became evident that gross negligence was at the root of the accident, and suit was filed accordingly. A successful outcome was obtained through litigation.
Total Recovery:
$550,000.00
Attorney Fees:
$220,000.00
Litigation Expenses:
$40,000.00
Confidential Recovery - Wrongful Death / Workplace Accident
Major freight train company sued as the result of an incident which claimed the life of an employee. Our attorneys settled the case outside of court for a confidential amount.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$1,450,000.00 Recovery - Commercial Vehicle Accident (Brain Injury)
Our firm was hired by a delivery driver who suffered a closed head injury resulting in the permanent loss of smell in a head-on accident. The incident occurred as the driver of an 18-wheeler lost control of his vehicle and veered into oncoming traffic. Our client's delivery vehicle was struck head-on, causing massive damage to both vehicles.

Our client was taken to an area hospital where he was treated for minor bodily injuries and a closed head injury which originally manifested itself as a concussion and temporary memory loss.

Suit was filed against the defendants following their failure to respond to our correspondence in a timely manner and litigation began. Included in the suit were both the defendant truck driver and his employer. The results of our investigation and the physical evidence from the accident scene made it apparent that the defendants had indeed caused the accident. Defense counsel soon conceded liability
Total Recovery:
$1,450,000.00
Attorney Fees:
$560,000.00
Litigation Expenses:
$31,410.00
$1,010,000.00 Recovery - Workplace Accident (Hand Lacerations)
A young worker was negligently trained to operate a piece of machinery. During a routine cleaning procedure, he suffered a serious hand injury consisting of numerous deep lacerations across his palm. The defendants claimed that he was a contract laborer and therefore owed no legal duty. Through litigation, our attorneys showed evidence to establish an employer-employee relationship thereby creating a non-subscriber work injury cause of action.
Total Recovery:
$1,010,000.00
Attorney Fees:
$333,300.00
Litigation Expenses:
$50,000.00

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