The DJF Law Firm, PLLC

Houston Construction Defects Attorneys

If you sustained injuries in an accident due to a construction defect, do not hesitate to contact The DJF Law Firm, PLLC. You might be entitled to compensation for your lost wages, medical treatment, and other costs.

Working on a construction site can endanger your life and put your safety at risk. You might be unaware of construction defects, such as low-quality materials and building code violations. Encountering any of these defects could lead to an accident.

At The DJF Law Firm, PLLC, we know the challenges of recovering from an injury after a construction defect accident. Even if you perform your job correctly, someone else’s mistake could place you in harm’s way. You might work on an unstable roof that collapses beneath your feet or suffer an electric shock because of wires a subcontractor left exposed.

You have a right to seek workers’ compensation benefits for a job-related injury if your employer provides them. If no workers’ compensation benefits are available, you could file a third-party insurance claim if someone else was responsible for the accident that injured you. Call The DJF Law Firm, PLLC at 832-529-3476 today for your free consultation with one of our experienced Houston construction accident attorneys.  

Common Types of Construction Defects

Construction defects create a range of problems. They can reduce the property’s value, shorten the building’s lifespan, and make a building undesirable for occupants to live in. However, the most dangerous effects of a construction defect are the potential for causing injuries or death.

Construction workers face dangers on the job site. Sometimes, no one is to blame for an accident. Working with toxic substances, heavy machinery, and sharp tools carries inherent risks. A construction defect is often the result of human error.

The most common types of construction defects include:

  • Drywall defects
  • Leaking roof
  • Sinking foundation
  • Stairway collapse
  • Inferior or defective construction materials
  • Cracked stucco
  • Insufficient or damaged plumbing
  • Water damage and mold
  • Incorrectly installed wiring
  • Leaking windows
  • Floor collapse
  • Defective design
  • Safety and building code violations
  • Uneven or unstable stairs
  • Exposed electrical components
  • Wall instability

Do not hesitate to contact The DJF Law Firm, PLLC immediately after an accident caused by a construction defect. We can file a workers’ comp claim for you or investigate to determine who was at fault and pursue action on your behalf.

Workers’ Compensation Benefits Available for Work Injuries

You might receive medical and income benefits for a job-related injury if your employer has workers’ compensation insurance.

Medical Benefits

The workers’ comp insurance company will provide medical benefits and pay for the necessary and reasonable treatment for your workplace illness or injury.

If the workers’ compensation insurance is in a network, you must see an approved doctor in that healthcare network. Seeking treatment from a medical provider outside of the network could lead to denied benefits. You will likely have to pay out of pocket for those medical bills.

Income Benefits

Below are four types of income benefits injured workers can collect for an on-the-job accident:

  • Temporary income benefitsTemporary income benefits (TIBs) pay 70 percent of the difference between your average weekly wage (AWW) before and after the accident. You’re entitled to coverage if your job-related injury lasts more than seven days. TIB payments stop once 104 weeks have passed since the eighth day of your medical condition, your doctor places you at maximum medical improvement, or you start earning your AWW.
  • Impairment income benefits – You could recover impairment income benefits (IIBs) if your injury or illness affects your body as a whole. Your doctor will provide an impairment rating between one and 100 percent. This number represents the level of impairment caused by your injury or illness. Each percentage point is equal to three weeks of IIB payments. The duration of your benefits will depend on the impairment rating you receive. For example, a five percent rating entitles you to 15 weeks of payments.
  • Supplemental income benefitsSupplemental income benefits (SIBs) are available when you have received all the IIBs you’re eligible for. You only qualify for payments if you have an impairment rating of 15 percent or higher, haven’t returned to work or went back to your job, but your injury causes you to earn less than 80 percent of your AWW, are actively looking for work, and haven’t accepted a lump-sum payment for your job-related medical condition.
  • Lifetime income benefits – You might be able to collect lifetime income benefits (LIBs) if the workplace accident caused a qualifying injury. Payments are 75 percent of your AWW. Your benefits will increase by three percent each year of your qualifying condition.

Filing a Third-Party Lawsuit for a Construction Defect

You can’t sue your employer for a workplace accident if you collect workers’ compensation benefits. If your employer doesn’t carry workers’ compensation coverage and they were responsible for the accident that injured you, you could file a claim with their insurance company or a lawsuit to pursue compensation. Additionally, if someone other than your employer caused your injury, you might be able to file a lawsuit against a third party.

Construction defects can result from an error made by multiple parties. A manufacturer might supply defective tools, or a subcontractor could knowingly install a roof with poor-quality materials.

When you file a lawsuit against the at-fault party, you could receive compensation for your:

  • Physical impairment or disfigurement
  • Hospital and medical bills
  • Mental anguish
  • Lost wages
  • Lost earning capacity
  • Pain and suffering
  • Loss of household services

You have a limited window to sue someone for an injury from a construction defect. In Texas, the statute of limitations allows a two-year timeframe to file suit. That means you must initiate your lawsuit against the negligent party within two years of the accident date.

Pursuing Compensation for a Non-Job-Related Injury

Construction workers aren’t the only people at risk of injuries from construction defects. A homeowner, customer at a shopping mall, or manager of an office building could get hurt if a construction defect leads to an accident.

The parties often liable for construction defects include:

  • Engineers
  • Construction companies
  • Architects
  • Design teams
  • Governmental entities
  • Contractors and subcontractors
  • Manufacturers of machines, tools, and construction materials

You might be able to seek compensation in an insurance claim or lawsuit for your:

  • Hospitalization, prescriptions, and other medical expenses
  • Mental anguish
  • Physical impairment or disfigurement
  • Loss of household services
  • Pain and suffering
  • Lost wages
  • Lost earning capacity
  • Damage to personal property

Exemplary damages are also recoverable in a lawsuit. This type of financial award punishes the defendant for their misconduct. To be awarded these damages, you must show clear and convincing evidence of the at-fault party’s malice, gross negligence, or fraud.

Contact Us

Let The DJF Law Firm, PLLC help you pursue the money you’re entitled to for your injury. We will aggressively seek legal action against the negligent party and try to obtain the money you need.

If a construction defect caused your injuries, call The DJF Law Firm, PLLC at 832-529-3476 for your free consultation with one of our Houston construction defects attorneys.