In Texas, construction workers are at a high risk of suffering burn injuries due to the nature of their jobs. The average construction worker is exposed to burn risks related to machinery, equipment, tools, materials and substances – all posing a potential for severe and life-threatening burn injuries. If you suffer catastrophic burns in a construction accident in Texas, it’s important to understand your rights and legal options.
An experienced Austin construction accident lawyer can help you pursue compensation and hold negligent parties accountable for your injuries.
What Is a Catastrophic Burn Injury?
A burn injury describes damage to the skin and underlying tissues due to contact with a dangerous object or substance. There are four main types of burn injuries: thermal, electrical, chemical and radiation.
There are also three burn categories based on injury severity:
- A first-degree burn is the least severe type, typically with no scarring or lasting effects. It is also known as a superficial burn.
- A second-degree burn is moderate in severity. It requires medical attention and may leave scars. It is referred to as a partial-thickness burn.
- A third-degree burn is the most severe type, typically affecting the underlying tissues, fat, muscles and even bone of the victim. It is a full-thickness burn.
When a burn is described as “catastrophic,” it is a third-degree burn injury. This is the most severe type, although some physicians use a classification system where a fourth-degree burn is the most severe.
Common Causes of Serious Burn Injuries in Construction
Construction is a dangerous industry by nature. According to the Texas Department of Insurance, the construction industry had 126 fatalities in 2023, representing 22 percent of all fatalities in Texas. Construction workers are prone to injuries such as burns due to the environments in which they work.
Common causes of burns in construction include:
- Fires and explosions
- Gas line explosions
- Electrical fires or electric shock (electrical burns)
- Contact with hot objects, surfaces or liquids (thermal burns)
- Welding accidents
- Exposure to steam
- Exposure to acidic or base chemicals (chemical burns)
- Defective construction tools and equipment
- Exposure to sources of radiation (radiation burns)
Although burns are a potential injury risk at any construction site in Texas, worker injuries occur more often when the construction zone or work environment contains hazards and defects. It is an employer’s responsibility to prevent these issues and protect construction workers from burn injury risks.
Negligence and Catastrophic Construction Injuries in Texas
Catastrophic burn injuries in construction can be prevented if all involved parties uphold their duties of care in regard to the safety of the workplace and workers. When a party is negligent, or does not act in a reasonably prudent manner to prevent harm to others, this can give the victim grounds to file a construction accident lawsuit.
Common types of negligence that can lead to burn injuries in construction include:
- Dangerous work environment
- Violated Occupational Safety and Health Administration (OSHA) laws
- Improperly labeled or stored chemicals
- Improper handling of flammable materials
- Lack of warning or caution signs in the construction zones
- Electrical hazards or mishaps
- Working too close to powerlines
- Improperly grounded electrical equipment
- Poor construction worker safety training
- Inadequate personal protective equipment given to construction workers
These problems often arise as an outcome of negligence in the workplace, or the failure of an employer, coworker, contractor, product manufacturer or another party to maintain a reasonably safe construction zone.
Legal Options After Suffering Catastrophic Burns in a Texas Construction Accident
If you suffer a catastrophic burn injury while working at a construction site in Texas, you may be eligible for no-fault insurance benefits through your employer’s workers’ compensation plan. However, not all construction companies in Texas have this type of insurance. It is not mandatory among employers in Texas, unlike most other states.
If you do not have access to workers’ comp insurance, you may be able to file a personal injury lawsuit against one or more parties for contributing to your burn injuries. In this type of case, you or your construction accident attorney will need to prove negligence or fault using evidence.
The right attorney can help you collect evidence to support your burn injury claim, such as an incident report, eyewitness statements, medical records, photos and video surveillance footage, and expert testimony. Your lawyer can also help you identify all liable parties after an accident investigation.
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How to Prove Losses From Construction-Related Catastrophic Burns
Catastrophic burn injuries can have many long-term effects on a victim. This includes medical problems that require ongoing treatments, such as nerve damage. A burn injury can also inflict significant emotional distress and mental anguish.
To receive fair financial compensation for the full impact of your burn injury, you must document your losses for insurance purposes. Take the following steps:
- Get medical care immediately after the construction site accident to have physical injuries diagnosed and treated.
- Report the construction accident to your employer right away. Write down what happened in your own words while the details are still clear in your mind.
- Get pictures of the accident scene and search for video footage. Take pictures of any physical burn marks and continue to document your injuries as they heal.
- Follow your doctor’s recommended treatment plan and take any prescribed medications. Keep copies of all medical bills and related expenses.
- See a mental health professional, such as a therapist or psychiatrist, about any post-traumatic stress or emotional distress you are experiencing from your catastrophic burns.
- Keep a daily injury journal, where you describe how you are feeling and any pain or suffering.
- If you are unable to work due to your catastrophic burn injuries, keep lost wage statements and letters from your employer.
- Don’t accept an insurance settlement before speaking to an attorney first about the value of your catastrophic burn injury claim.
Do your best to create a paper trail proving your economic and non-economic damages. This can help you establish a fair value for your burn injury claim when dealing with an insurance claims adjuster or going before a jury during a construction accident court case in Texas.
How Can a Burn Injury Attorney Help You?
It can be difficult to get a fair settlement offer from an insurance company for your burn injury case as a construction worker in Texas without legal representation. Insurance companies are skilled in minimizing client payouts to protect their own profits.
If you hire a work injury lawyer in Austin, however, your attorney will use proven legal techniques to pursue maximum compensation on your behalf. This includes evidence collection and preservation, the hiring of subject-matter experts, and compelling storytelling in and out of court.
FVF Law Firm – Injury & Wrongful Death Lawyers is a premier personal injury law firm in Austin with more than 100 years of collective legal experience. Contact us online or call (512) 640-2146 today to start your construction accident burn injury case with a cost-free, no-pressure consultation.