Heavy Machinery Accidents in Terrell TX - After a Third-Party Construction Injury

Construction workers in Terrell, TX, must prioritize safety when operating heavy equipment. To prevent accidents involving third parties, construction companies must proactively educate and supervise them on safety procedures After a third-party construction injury caused by heavy machinery, victims should hire a lawyer to sue for compensation.

Hiring the Terrell construction accident lawyers at Carabin Shaw is the best way to receive total compensation for your loss. Our team has decades of experience in personal injury law and third-party lawsuits, and we want to help you get the compensation you deserve. We offer our services on a contingency-fee basis, so you don’t have to worry about upfront legal expenses. Call our toll-free number at 800-862-1260 to set up a free consultation. We have English- AND Spanish-speaking staff available 24/7.

A third-party construction injury claim is one that the insured party (the construction company) does not file. Someone other than the construction worker or employer (the third party) files the claim. Examples of third parties on construction sites include:

• Vendors
• Subcontractors
• Visitors

First-party claims on Terrell, Texas construction sites are typically workers’ compensation claims. In these cases, construction companies have the protection of exclusive remedy, where the injured employee must use workers’ compensation benefits as opposed to suing his or her employer.

While third-parties cannot use the workers’ compensation system, they can seek compensation through the construction company’s commercial liability policy. They may also hire an attorney and sue the construction company in a personal injury lawsuit.

The heavy machinery used on construction sites includes everything from excavators to dump trucks. Some of these machines have parts that lift or suspend themselves in the air, which makes them especially dangerous when a worker leaves them unattended. That’s why the Occupational and Health Administration (OSHA) has created safety guidelines to instruct workers to secure their equipment and ensure the machine is in neutral with the brakes set.

There are four types of accidents that most frequently kill construction workers. OSHA has dubbed them the “fatal four,” and they include the following:

• Falls
• Electrocution
• Struck-by accidents
• Caught in or between accidents

Due to their size and power, heavy machinery provides the opportunity for all the most fatal construction site accidents in Terrell TX, except for electrocution in most cases. OSHA’s acknowledgement of these fatal construction site hazards makes safety the clear responsibility of the construction company. They must keep a safe workplace for workers and third-parties, or a lawyer could argue that they are negligent.

While third-parties can sue for intentional or accidental injuries, most personal injury lawsuits are based on the tort of negligence. Negligence is the carelessness that leads to accidents and injuries. It includes four primary parts:

• Duty
• Breach of duty
• Harm
• Harm caused by breach of duty

Construction site hazards are the responsibility of the construction company, and when the company doesn’t create or abide by safety protocols, they are negligent, and a third party can sue them for injuries.

One of the benefits available to injured third-parties on a construction site is that they can sue in civil court instead of navigating the workers’ compensation system. This means they can collect for economic and noneconomic damages, such as pain and suffering. Noneconomic damages are not part of workers’ compensation benefits.

Heavy machinery accidents in North Texas are unfortunate circumstances that cause severe injuries and deaths, and third-party victims deserve compensation for their damages. At Carabin Shaw, we understand how difficult it can be to file a lawsuit while you are healing, and we want to help. We encourage you to read our client reviews, and find out how we’ve helped our clients to regain their financial health after a severe accident.

For more information:

• Statutes Capitol Texas
• OSHA
• Construct Connect