Guardrail Accidents on Construction Sites in Texas
Many Americans necessarily earn livelihoods by working in potentially dangerous environments on a daily basis. It is critical that the people and companies in charge do everything they can to protect workers from the hazards that are commonplace in these workplaces.
On a construction site the proper construction, maintenance and inspection of a guardrail system is one of the key ways workers are protected from the hazard of falling. These are especially important during the construction of commercial buildings like apartment complexes which have numerous balconies and landings that are eventually protected by a permanent guardrail system. When general contractors, framers and employers allow guardrail systems to be constructed improperly, removed or even replaced in a negligent manner catastrophic personal injury or even wrongful death may occur.
Our client fell four stories and was paralyzed when a guardrail was not replaced on an apartment complex construction site. The general contractor failed to conduct the proper safety inspections and the framer failed to replace the quardrails as required by OSHA Safety Standarads.
This is my first time needing a law firm and I can’t think of anyone better, they were extremely courteous, and determined to get me exactly what I am owed. I can’t thank them enough for what they have done for me they really do care when it comes to their clients!
A press release from the American Society of Safety Professionals (ASSP), citing data on falls from height stated that: “It’s important to remember that all falls are preventable." One effective measure to prevent or mitigate falls is the use of guardrails. As the name implies, guardrails are systems consisting of rails that serve as protective barriers against various hazards, particularly falls. For instance, when a guardrail system is installed along the edge of a roof, it acts as a barrier, preventing workers from accidentally walking over the edge and potentially averting tragic accidents.
If you or a loved one has suffered injuries in a guardrail accident on a Texas construction site, you don't have to face the complexities of a legal battle alone. At Miller Weisbrod Olesky, our dedicated team of accomplished guardrail accident lawyers in Texas is ready to advocate for your rights and help you secure the largest possible compensation you deserve. We understand the physical, emotional, and financial challenges you could be facing, and we are committed to pursuing justice on your behalf.
We recovered $3,500,000 for our client that fell when he leaned against an unsecured safety guardrail in order to lower an extension cord. The guardrail was not secured to the wooden structure of the worksite, but nailed in to a piece of unstable drywall/sheetrock. Our client suffered a serious spinal cord injury due to his fall.
What are Guardrails on Construction Sites in Texas?
Guardrails on construction sites are protective barriers designed to prevent falls and provide safety for workers and visitors. These barriers are typically made of sturdy materials like steel, wood, or composite materials and are strategically placed in areas where there is a risk of falling from elevated surfaces, such as platforms, balconies, landings, edges, walkways, roofs, or open shafts. Guardrails are a fundamental component of construction site safety, and their primary purpose is to create a physical barrier between individuals and potential fall hazards.
Here are the key characteristics and functions of guardrails on Texas construction sites:
Fall Prevention: The primary role of guardrails is to prevent falls from elevated surfaces. They serve as a protective barrier that acts as a deterrent, keeping workers and visitors away from the edge or hazardous area.
Physical Barriers: Guardrails consist of horizontal rails, vertical posts, and, in some cases, mid-rails and toeboards. These elements work together to create a continuous barrier that minimizes the risk of accidental falls.
Compliance: Guardrails must meet specific construction standards and regulations set forth by organizations like OSHA. Compliance ensures that guardrails are designed, installed, and maintained to meet safety requirements.
Visibility: Guardrails are often painted in highly visible colors or marked with safety signage to increase their visibility and remind workers and visitors of potential hazards.
Versatility: Guardrails can be customized to fit the specific needs of a construction site. They are adaptable to various environments and can be installed on different surfaces, including flat rooftops, sloped surfaces, or open edges.
Durability: Guardrails are constructed from durable materials capable of withstanding environmental factors such as weather, corrosion, and impact. Regular maintenance is essential to ensure their longevity and effectiveness.
Accessibility: While guardrails provide protection, they should also allow easy access for authorized personnel. Gates or openings with secure latches may be incorporated into the guardrail system to permit entry and exit as needed.
Visual Reminder: The presence of guardrails serves as a constant visual reminder to workers and visitors to exercise caution when working near edges or elevated areas. This reinforcement of safety protocols is invaluable in accident prevention.
Fall Arrest Attachment: In some situations, a guardrail system may include anchor points or attachment options for personal fall arrest systems, adding an extra layer of protection for workers.
Safety Training: Workers should receive training on the proper use and respect of guardrail systems. This includes understanding their purpose, recognizing when guardrails are necessary, and not removing or altering them without proper authorization.
Regular Inspection: Routine inspections are crucial to ensure that guardrails are in good condition, securely anchored, and free from damage. Any issues or deficiencies should be addressed promptly.
Guardrails play a vital role in construction worker safety by reducing the risk of falls from elevated surfaces. Their installation and maintenance are essential components of a comprehensive safety program, helping protect the well-being of workers and visitors in the Texas construction industry.
Causes of Guardrail Accidents on Construction Sites in Texas
Guardrails are installed on construction sites in Texas to prevent falls and protect workers from hazards associated with elevated surfaces. Based on this, accidents related to guardrails can still occur due to various factors. Here are some types of guardrail accidents that can happen on construction sites:
Guardrail Failure
In some cases, guardrails may not be properly installed or maintained, leading to guardrail failure. This can occur when the guardrail system is not secured correctly or when it does not meet required strength and durability standards mandated by OSHA safety regulations. Guardrail components may also deteriorate over time, compromising their effectiveness.
Improper Installation
Guardrails must be installed according to specific guidelines and standards to ensure their effectiveness. Accidents can happen if the guardrails are not installed at the correct height, are not securely anchored, or if there are gaps or openings in the guardrail system.
Missing Guardrails
Construction sites in Texas are constantly changing worksites, and guardrails may be removed or relocated temporarily during various phases of the project. Accidents can occur if guardrails are not replaced promptly, leaving exposed edges or openings that pose fall hazards.
Accidental Removal
Workers or equipment on construction sites may accidentally dislodge or remove guardrails. This can happen when materials or tools come into contact with the guardrail, causing it to shift or become detached. Such incidents can result in dangerous unprotected edges.
Improper Use
Untrained workers may misuse guardrails by climbing over them or using them as storage areas for tools and materials. These actions can weaken the guardrail system and create fall hazards.
Obstacles Near Guardrails
Construction sites often have equipment, debris, or materials near guardrails. If these objects are not properly secured, they can accidentally fall over the guardrail, potentially injuring workers below.
Inadequate Inspection and Maintenance
Regular inspection and maintenance of guardrail systems are essential to ensure their effectiveness. Accidents can occur if guardrails are not inspected routinely, and issues such as loose components or rusted fasteners are not addressed promptly.
Unauthorized Alterations
Unauthorized modifications or alterations to guardrails can compromise their integrity. Construction workers or supervisors who remove or tamper with guardrails without proper authorization can create unsafe conditions.
Guardrail Accidents on Texas Construction Sites Due to the Negligence
Negligence can lead to unsafe conditions that compromise the effectiveness of guardrail systems. Here are some common causes of guardrail accidents on construction sites in Texas attributed to the negligence of these parties:
Failure to Install Proper Guardrails: General contractors and subcontractors may fail to install guardrails where they are required, such as along open edges, elevated platforms, or stairways. This omission can expose workers to fall hazards.
Inadequate Guardrail Design: Negligence in the design phase of a construction project can result in poorly designed guardrail systems that do not meet safety standards or fail to address specific fall hazards.
Lack of Training: Failing to provide proper training to workers on the importance of guardrails and their correct usage can contribute to accidents. Workers may not understand the significance of guardrails or may misuse them due to a lack of training.
Improper Installation: Subcontractors (usually framing subcontractors) responsible for installing guardrails may perform substandard work. This could include incorrectly securing guardrails, using inadequate materials, or failing to ensure that the guardrail system meets height and strength requirements.
Inadequate Inspections: Regular inspections of guardrail systems are essential to identify issues and ensure compliance with safety standards. Negligence in conducting inspections can lead to undetected damage or deterioration in guardrails, making them less effective.
Failure to Maintain Guardrails: Guardrails require ongoing maintenance to remain effective. Neglecting maintenance tasks such as cleaning, painting, and tightening loose components can result in guardrail systems that are in disrepair.
Faulty Alterations: Unsafe modifications or removal of guardrails by subcontractors can compromise their integrity. General contractors and subcontractors must establish clear protocols for guardrail maintenance and alterations.
Inadequate Communication: Poor communication among various subcontractors and construction teams can lead to gaps in guardrail coverage. Failing to coordinate guardrail installation and maintenance efforts can result in unprotected areas.
Ignoring Safety Regulations: Neglecting to adhere to OSHA and other safety regulations related to guardrails can result in non-compliance and potential accidents. Contractors should be aware of and follow all relevant safety standards.
Lack of Fall Protection Measures: In some cases, contractors may rely solely on guardrails for fall protection without implementing additional measures, such as personal fall arrest systems or safety nets. This can lead to accidents if guardrails are inadequate.
Failure to Address Hazardous Conditions: Negligence in identifying and addressing hazardous conditions on the construction site, such as unstable ground near guardrails, can lead to accidents despite the presence of guardrail systems.
To prevent guardrail accidents due to negligence, general contractors, subcontractors, and construction site supervisors should prioritize safety, provide proper training, conduct regular inspections, and ensure that all guardrail systems meet safety standards. Clear communication and coordination among all parties involved in the construction project are also essential for maintaining a safe work environment.
At Miller Weisbrod Olesky, our experienced guardrail accident lawyers in Texas have a proven record of success in construction injury cases. Contact us today for a free consultation, and let us stand by your side, fighting to ensure you receive maximum compensation for your injuries and losses from all the liable parties.
Under 29 CFR 1926.502, OSHA provides detailed guidelines and standards for guardrails on construction sites. These standards are vital for ensuring the safety of Texas construction workers and preventing falls from elevated surfaces.
In cases where there is no wall or parapet wall at least 21 inches high, the guardrail system must include midrails, mesh, screens, intermediate vertical members, or similar intermediate structural elements that are installed between the guardrail system’s top edge and the working/walking surface.
Guardrail systems must be designed to withstand a minimum force of 200 lbs applied within 2 inches of the top edge, in either downward or outward direction, at any point along the top edge, without experiencing failure.
In situations where guardrail systems are employed in hoisting areas, it is necessary to install a chain, gate, or removable guardrail section across the access opening between guardrail sections when hoisting operations are not actively underway.
When workers are exposed to fall hazards near holes in walking or working surfaces, such as roof openings, skylights, or floor openings, guardrail systems or covers must be provided to protect against falls.
On ramps, runways, and bridges, where there is a drop of 6 feet or more, guardrail systems must be installed along open sides and edges.
These detailed OSHA guidelines and standards ensure that guardrail systems on construction sites are designed, installed, and maintained to provide effective fall protection for workers. Employers are responsible for complying with these regulations to create a safe working environment and prevent fall-related accidents and injuries.
In the aftermath of a guardrail accident in Texas due to OSHA violations by the general contractor, subcontractor, property owner or a third party, your path to justice starts with us. Miller Weisbrod Olesky is committed to providing the legal representation you need to obtain your rightful compensation. Contact our Texas guardrail accident attorneys today for a free consultation.
Types of Injuries Occurring in Guardrail Accidents on Texas Construction Sites
Guardrail accidents on construction sites in Texas can result in a range of injuries, depending on the circumstances of the accident and the severity of the fall or collision. Due to the nature of falls, these personal injuries are typically catastrophic in nature.
Traumatic Brain Injuries (TBIs)
Traumatic Brain Injuries (TBIs) can result from guardrail accidents on construction sites when a worker falls from an elevated surface or collides with the guardrail. These injuries, ranging from mild concussions to severe trauma, involve damage to the brain due to the forceful impact or jarring of the head.
Workers with TBIs may experience a spectrum of symptoms, including confusion, memory impairment, headaches, dizziness, and, in severe cases, loss of consciousness. TBIs can have lasting consequences, affecting cognitive abilities and, in some instances, leading to permanent neurological deficits that impact a person's daily life and ability to work.
Spinal Cord Injuries (SCIs)
Spinal Cord Injuries (SCIs) resulting from guardrail accidents typically occur when a worker falls and sustains a blow to the spine or vertebrae. These injuries can lead to partial or complete paralysis, depending on the location and severity of the spinal cord damage.
Construction workers with spinal cord injuries may experience loss of sensation, muscle weakness, difficulty breathing, and bladder or bowel control issues. Spinal cord injury can profoundly alter a person's mobility and independence, often necessitating ongoing medical care, rehabilitation, and adjustments to daily life.
Broken Bones
Guardrail accidents on construction sites can result in broken bones, or fractures, in various parts of the body, including the arms, legs, wrists, hips, and ribs. These fractures occur when a worker falls from a height or collides with the guardrail with significant force. Fractures can range from minor hairline cracks to more severe, open fractures that penetrate the skin.
Injured workers with broken bones experience pain, swelling, deformity, and loss of function in the affected area. Treatment may involve casting, surgery, or physical therapy, with recovery times varying depending on the severity of the fracture. Some individuals may grapple with long-term complications like chronic pain or limited mobility following these injuries.
Other Types of Injuries in Guardrail Accidents
Crushing Injuries: If a worker falls onto or between guardrail components, they can sustain crushing injuries to limbs or other body parts. These injuries can be severe and may result in amputations or permanent disabilities.
Internal Injuries: In severe cases, a worker may experience internal injuries from the force of impact with a guardrail or the ground. These injuries can affect organs and blood vessels and may not be immediately apparent.
Back and Neck Injuries: Falls or collisions with guardrails can lead to back and neck injuries, including herniated discs, whiplash, and damage to the spine. These injuries can result in chronic pain and mobility issues.
Facial Injuries: A worker's face may be exposed to injury during a fall or collision with a guardrail. Injuries can include facial fractures, cuts, and damage to the eyes, nose, or mouth.
Concussions: A fall or impact with a guardrail can cause a worker to sustain a concussion, which is a mild traumatic brain injury. Concussions may result in symptoms such as confusion, memory problems, and headaches.
Psychological Trauma: In addition to physical injuries, workers involved in guardrail accidents may experience psychological trauma, including post-traumatic stress disorder (PTSD) and anxiety, which can have long-lasting effects on their mental health.
Types of Guardrails Used on Texas Construction Sites
Guardrails used on construction sites in Texas come in various types and configurations, each designed to address specific fall hazards and site requirements. The choice of guardrail type depends on factors such as the site layout, the nature of the work, and compliance with safety regulations. Here are some common types of guardrails used on construction sites:
Standard Guardrails
Standard guardrails are the most common type and consist of a horizontal top rail, vertical posts, and a mid-rail. They create a continuous barrier along edges, openings, or elevated platforms to prevent falls. Standard guardrails are typically installed at a height of about 42 inches from the working surface.
Toeboards
Toeboards are often used in conjunction with standard guardrails. These are short vertical barriers (usually around 4 to 6 inches in height) attached to the lower edge of the guardrail system. Toeboards help prevent small tools, materials, or debris from falling off elevated surfaces.
Wire Mesh Guardrails
Wire mesh guardrails consist of wire mesh panels attached to vertical posts. They provide fall protection while allowing visibility through the barrier. Wire mesh guardrails are useful in situations where full visual access to the area beyond the guardrail is necessary.
Portable Guardrails
Portable guardrail systems are designed to be easily moved and installed as needed. They are often used on flat rooftops, open stairwells, or other temporary work areas where a permanent guardrail may not be practical.
Counter-weighted Guardrails
These guardrails use weighted bases or anchors to secure the guardrail system in place without the need for permanent attachments to the structure. These are commonly used on roofs or other areas where drilling or penetration is not allowed.
Parapet Wall Extensions
In some cases, parapet walls (low protective walls around roof edges) are extended to serve as guardrails. These extensions can be temporary or permanent and are effective in providing fall protection.
Steel Cable Guardrails
These types of guardrails use horizontal cables instead of solid rails to create a barrier. They are commonly used in areas where aesthetics or specific site requirements demand a more open appearance while maintaining fall protection.
Handrail Systems
Handrail systems are similar to standard guardrails but are installed at a lower height, typically between 30 to 34 inches from the working surface. They are commonly used on staircases and walkways to provide hand support and fall protection.
Temporary Guardrails
Temporary guardrails are often used during construction projects before permanent safety measures are in place. They can be quickly installed and removed as needed and are useful for maintaining safety during various phases of construction.
Custom Guardrail Solutions
Depending on the unique requirements of a construction site in Texas, custom guardrail solutions may be designed and fabricated to address specific fall hazards and site layouts.
When it comes to holding general contractor, subcontractors, property owners, or guardrail manufacturers accountable for accidents on construction sites, Miller Weisbrod Olesky is your steadfast legal ally. Our team of experienced guardrail accident attorneys in Texas has the skills and resources required to stand up to powerful defendants and large insurance companies and obtain maximum compensation for injury victims.
Reach out to us today for a free consultation. You don’t have to pay any fees to us unless and until we obtain a financial settlement from the defendants on your behalf.
The Leader In Construction Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Construction Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding construction companies accountable and achieving multi-million dollar settlements and court verdicts for his clients. Clay has handled construction accident cases in all major cities in Texas and numerous smaller counties. In one recent trial, Clay won a construction accident verdict of $26,500,000 for his client who suffered a spinal cord injury after a construction accident fall.
Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.
Clay is a past president of the Dallas Trial Lawyers’ Association and served as Chair of the Advocates for the Texas Trial Lawyer Association where he continues to serve on the board of directions. Clay is also a member of the elite American Board of Trial Advocates (ABOTA) limited to a select group of trial lawyers who have tried to a jury verdict a significant number of cases and who are recognized for their professionalism.
Clay is regularly invited to speak to Trial Lawyer Groups around Dallas, Houston, San Antonio, Austin, and across the state of Texas on the topics of construction accidents, trial tactics in complex construction cases and techniques to investigate and gather evidence in construction accidents, picking a jury in construction accident cases, as well as how to prepare a winning legal and trial strategy in Construction Accident Cases throughout Texas.
Our construction accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Miller Weisbrod Olesky Texas Construction Accident Lawyers
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay's most recent victories include when general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Construction Accident Attorney, Clay Miller tried the case in Texas, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
