Traumatic Brain Injuries From Construction Falls    

Every year, the construction industry is at the top of the list of most dangerous jobs in Texas. Falls are an extremely common type of construction accident, with traumatic brain injuries (TBIs) being one possible outcome for the injured worker. 

If you suffer a head or brain injury on the job in Texas as a construction worker, you may be able to collect financial compensation for your medical bills, lost wages, and more. An Austin construction accident lawyer can make it easier to seek the justice and financial recovery you need.

Signs and Symptoms of a Traumatic Brain Injury 

A traumatic brain injury can arise from a bump or blow to the head (any jolt or blunt-force trauma) in a construction accident. An impact to the head from contact with the ground or another surface in a fall can injure the brain’s tissues and cells, resulting in serious or permanent damage.

If you get involved in a fall accident at your Texas construction job, you might have a traumatic brain injury. Although symptoms vary, they often include:

• Loss of consciousness
• Persistent headache
• Nausea or vomiting
• Dizziness or vertigo
• Trouble balancing
• Blurred vision
• Memory loss
• Trouble sleeping or fatigue
• Mood swings and personality changes
• Irritability
• Seizures (in severe cases)

The exact symptoms will depend on the type and severity of the injury, as well as its location in the brain. Types of TBIs that may arise from construction falls include concussions, bleeding or hemorrhage, swelling, bruising or contusions, hematoma, diffuse-axonal injuries, coup-contrecoup injuries, and penetrating brain injuries. 

Common Causes of Construction Falls

In 2023, 126 construction workers died on the job in Texas. The Texas Department of Insurance reports that falls are the number one leading cause of fatal accidents in the construction industry. Falls accounted for 37 percent of all construction deaths in 2021. Thousands of construction workers check into hospitals annually for nonfatal fall injuries, including TBIs. 

Top causes of falls in construction include:

• Slip and trip accidents
• Uneven or slippery floor surfaces
• Cluttered walkways
• Unstable work surface (from heights)
• Lack of personal fall protection devices
• Unsafe uses of harnesses
• Defective fall arrest systems
• Missing guardrails or barriers
• Unprotected edges
• Unmarked trenches or holes
• Dangerous or broken ladders
• Scaffolding accidents
• Inadequate worker training or supervision

A TBI can arise from a fall from heights as well as a fall on the same level. If a bad fall happens at a construction site, the worker(s) involved should seek immediate medical care. Brain injuries do not always come with immediate symptoms. A checkup by a medical professional can detect and diagnose a TBI as early as possible for prompt treatment.

How Can Construction Falls Be Prevented?

The Occupational Safety and Health Administration (OSHA) has many rules and regulations in place to help prevent harmful fall accidents in construction. For example, OSHA standards require adequate fall protection measures to be used any time a construction worker is at least six feet above the ground. 

Many fall injuries and TBIs occur in construction due to negligence, or the failure of an individual or entity to act with proper care. If an employer fails to obey OSHA’s requirements and does not properly equip a worker with protective equipment, for example, this can increase the odds of devastating injuries. Personal protective equipment (PPE) that can prevent fall-related TBIs is fall protection gear and hard hats.

Dangerous work environments can also cause harmful falls. Employers in construction should implement safety protocols for optimal worker protection, such as ensuring proper training, conducting regular safety inspections, assessing potential fall hazards and promptly remedying discovered injury risks.

Who Is Liable for Traumatic Brain Injuries From Construction Falls in Texas?

Experiencing a traumatic brain injury from a construction fall can be a debilitating event. You may be facing significant financial strain and changes to your life, including permanent brain damage or disability. 

If you get diagnosed with a TBI after a bad fall at work, you need to understand your legal rights and how to protect them. One or multiple parties may be held liable, or financially responsible, for your TBI. 

Any party that caused or contributed to your injury could potentially be held accountable. This may include your employer, a construction company, a contractor or subcontractor, a product or equipment manufacturer, a property owner, or the government.

Your Legal Options After Suffering a Brain Injury From a Construction Fall

You may be able to file a workers’ compensation claim in Texas after a construction fall that leaves you with a brain injury. While workers’ comp insurance is not mandatory in Texas, most construction companies carry it to protect themselves from liability for worker injuries. 

A workers’ comp claim can result in a financial payout for your losses without requiring you to prove fault or negligence. In some situations, however, it may be better to file a work injury claim with help from an attorney. Pursuing a lawsuit could end in greater compensation than workers’ comp alone. 

You may qualify for pain and suffering, lost quality of life damages, and punitive damages, for example. A lawsuit can also hold your employer accountable for negligence or wrongdoing that led to your construction accident. 

Note that you cannot sue your employer if you’ve already accepted a workers’ comp settlement for a construction fall. You must choose one or the other. However, you can still file a lawsuit against a third party after accepting a settlement. 

This could lead to a payout through both workers’ comp and a third-party claim for maximum damages. Discuss your unique situation with an attorney at FVF Law Firm to determine the best legal route for you.

How a Brain Injury Attorney in Texas Can Help

You don’t have to navigate the complicated legal process alone after suffering a TBI from a construction fall. An attorney with experience handling both traumatic brain injury cases and construction accidents in Texas will be equipped to guide you through your claim. The right attorney can help you explore your compensation options, file a claim and make informed decisions about your future.

The Austin personal injury attorneys at FVF Law Firm have over 100 years of combined legal experience. We can explain your rights and provide the support you need to move forward with confidence. Call (512) 640-2146 today or contact us online to begin with a no-cost, no-pressure consultation at our local law firm.