What DFW Construction and Industrial Workers Need To Know About 2025 Workers’ Comp Claims
According to the Bureau of Labor Statistics, falls from heights are the most frequent cause of construction site fatalities and a significant cause of many non-fatal construction injuries. Falls from heights are also far too common in industrial facilities. In response to concerns about the number of fall-related injuries in the workplace, the Occupational Safety and Health Administration (OSHA) updated its fall protection standards a while back.
What fall-protection requirements apply in construction and industrial settings? What do workers need to know about the availability of workers’ compensation benefits for a fall from a height on a construction job or an industrial workplace injury?
What Fall-Protection Requirements Apply to Construction and Industrial Employers?
OSHA regulations impose a number of legal requirements on employers to minimize the risk of workplace falls from heights:
- Fall protection must be in place for workers at certain heights above the ground. For general industry, there must be protection if the fall hazard is four feet or more. Construction sites must have fall protection in place at heights of six feet or higher. Fall protection may include safety nets, guardrails or other affixed barriers, or personal fall arrest systems (PFAS), such as harnesses, slings, or lanyards.
- Employers must provide extensive training to any workers exposed to a potential fall from a height. That training should include instruction in how to recognize a risk, how to use the equipment provided, and what to do in the event of an emergency.
Can You File a Workers’ Compensation Claim in Texas After a Fall From a Height at Work?
Though the state of Texas has laws making workers’ compensation available to people injured in the workplace, Texas takes a different approach from the rest of the country, allowing most employers to opt out (or choose not to subscribe to) the state’s workers’ comp system. However, a new law went into effect on September 1, 2023, that requires contractors and subcontractors working on building or construction projects to provide workers’ compensation coverage for all employees. The statute also requires governmental entities to obtain written proof of insurance from any contractors or subcontractors working for them.
Under the workers’ compensation laws, you don’t need to prove that your employer was negligent or careless. To qualify for benefits, you need to show only that you suffered an injury that prevents you from working and that the injury was work-related. Though workers’ compensation is typically your exclusive remedy for injuries suffered on the job, you can file a personal injury lawsuit for losses caused by anyone other than your employer or a co-worker. Examples include third-party vehicle operators or machine/tool manufacturers.
Contact Bailey & Galyen to Speak With an Experienced DFW Construction Accident Attorney
At the law offices of Bailey & Galyen, we have protected the rights of injured construction workers for more than 40 years, including employees hurt in falls from heights on the job. We have a comprehensive knowledge of the Texas workers’ compensation law and procedure, and we know how to maximize your chances of securing early approval of your claim.
To learn more about how we can help you pursue workers’ comp benefits after a workplace injury, contact us by email or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.