Accidents involving heavy equipment on Texas construction sites can have devastating consequences, leading to severe injuries, financial burdens, and prolonged pain and suffering.
At Miller Weisbrod Olesky, our heavy equipment accident attorneys understand the unique challenges the injured construction workers face after such accidents. With our extensive experience as heavy equipment accident lawyers in Texas, we have the experience and resources to help victims and their families navigate the complexities of personal injury and wrongful death claims resulting from these accidents and recover the largest possible compensation from the at-fault parties.
When our client arrived on a work site to dispose of material, a Front-End Bucket Loader was provided by the property owner to unload the debris. The Front-End Loader operator was on his first day on the job and had never operated this particular brand of heavy machinery. When he went to back up, he accidentally put the loader into forward crushing our client’s legs, causing severe fractures. The accident was caught on video. The $3M was total policy limits of insurance maybe make that clear in last slide showing the settlement.
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!
Ryan
Miller Weisbrod Olesky Client
Data and Trends in Heavy Equipment Accidents
Working in close proximity to heavy equipment poses significant risks for construction workers in Texas. Workers have no choice but to be near heavy equipment on construction sites and thus face the potential danger of being trapped between machinery and other vehicles or objects, as well as the risk of being struck or crushed by this equipment.
Data from the Bureau of Labor Statistics (BLS) reveals that the construction industry records the highest fatality (wrongful death) rate due to vehicle-related accidents, with a staggering 25% of construction workers losing their lives as a result, surpassing all other occupations.
In the year 2019, a total of 732 workers suffered a wrongful death due to accidents involving contact with objects and equipment on construction sites. Among these devastating incidents, nearly one-third of the fatalities (241) resulted from falling objects or equipment. With that said, 205 workers were struck by non-transport powered vehicles, while another 120 found themselves caught in perilous situations between equipment or objects, leading to fatal outcomes. A further 83 lives were tragically lost due to equipment and material collapses.
Our clients’ husband and father were working on a construction site spreading concrete that was being pumped into the area by a machine called a concrete pump. Suddenly the boom of the pump collapsed causing the wrongful death of our client’s family member. We were hired within days and were able to quickly investigate the accident. We learned that the pump had a manufacturing defect caused by defective welds which allowed the boom to break causing the collapse. We were able to secure the family a $3,750,000 settlement.
Machinery Accident Trends in Texas Workplaces
Statistics from the Occupational Safety and Health Administration (OSHA) show that annually, over 800 heavy equipment accidents result in fatalities, along with 18,000 cases of amputations, lacerations, crushing injuries, and abrasions among machinery operators and repair personnel. Among these injuries, amputations are particularly severe and often result in permanent disabilities. In the category of "caught in operating equipment or machinery," 93 workers lost their lives in 2019, according to the Bureau of Labor Statistics.
Our client was severely injured when a Concrete Pump Truck tipped over crushing his foot. The concrete pump truck overturned because the operator failed to place the vehicle support booms on a secure surface.
It's noteworthy that injuries stemming from contact with machinery and products are the third leading cause of fatal and wrongful death worksite accidents involving heavy machinery and the fourth leading cause of non-fatal injuries necessitating time off from work. The year 2021 saw 705 fatalities and 196,140 injuries occurring on construction worksites. Machinery-related injuries in the construction sector are 71% higher than in any other sector, underscoring the urgent need for improved safety measures.
Even more concerning is the fact that over 25% of construction employees choose not to report workplace injuries, creating an environment where thousands of heavy machinery accidents and injuries involving heavy equipment operators occur annually.
Excavators are indispensable pieces of heavy equipment in the Texas construction industry, enabling various earthmoving and digging tasks. Excavators on construction sites generally feature a hydraulic arm with a bucket, a rotating cab, tracks or wheels for mobility, and a powerful engine for digging and lifting tasks. Moreover, they also pose specific risks, and excavator accidents can have severe consequences.
Common Excavator Accidents
Overturns: Excavator overturns can occur due to various factors, such as unstable ground conditions, improper operation, or exceeding the machine's stability limits. These accidents can result in equipment damage, injuries, or fatalities.
Struck-By Incidents: Excavators have large, heavy components like buckets and booms that can pose a risk to workers. Struck-by incidents can occur if a worker is hit or crushed by these components, especially when they are in the machine's swing path.
Trench Collapse: When excavators are used for trenching and excavation work, there is a risk of trench collapses, trapping workers inside. This can lead to injuries or fatalities.
Contact with Utilities: Accidental contact with underground utilities, such as gas lines or electrical cables, can result in gas leaks, electrocution, or explosions. These accidents can occur when operators fail to locate utilities accurately before excavation.
OSHA Standard Relevant to Excavator Safety
OSHA's standard for excavator safety in the construction industry primarily falls under the "Powered Industrial Trucks" standard, 29 CFR 1926.602. This standard outlines safety requirements for the use of powered industrial trucks, including excavators, in construction settings.
Key provisions of this standard include:
Ensuring that only trained and authorized operators are allowed to operate excavators.
Regular inspection of excavators to identify and address any safety hazards or mechanical issues.
Maintenance of clear and visible warning labels, operator manuals, and safety devices on the equipment.
Implementation of safe work practices, including measures to prevent excavator overturns and struck-by incidents.
Compliance with safety procedures when working near utilities, including the use of utility location services.
OSHA may refer to other relevant standards for specific hazards associated with excavator operation. For example, trenching and excavation safety are covered under the "Excavations" standard, 29 CFR 1926.651, which includes requirements for protective systems, inspections, and training when using excavators for trenching work.
Excavator accidents in the Texas construction industry are a serious concern, given the potential for equipment damage, injuries, and fatalities. Employers and operators must adhere to OSHA safety standards, including 29 CFR 1926.602, to mitigate these risks and ensure the safe operation of excavators on construction sites.
If you or someone you love has been involved in a heavy equipment accident causing a personal injury or wrongful death, don't hesitate to reach out to us at Miller Weisbrod Olesky. Our team of experienced Texas heavy equipment accident attorneys is here to provide you with the legal guidance and support you need during this challenging time.
Contact us for a free consultation to discuss your case, understand your rights, and explore your options for pursuing maximum financial compensation. Our legal team is determined to ensure that those responsible are held accountable, and that you receive the financial relief necessary to rebuild your life.
Backhoes are versatile pieces of heavy equipment commonly used in the Texas construction industry for tasks such as excavation, digging, and material handling. Backhoes on construction sites typically include a front loader bucket, a rear digging bucket, a hydraulic arm or boom, an operator's cab, and wheels or tracks for mobility. Accidents involving backhoes can result in serious personal injury and death to construction workers.
Common Backhoe Accidents
Overturns: Backhoe overturns can occur when operators fail to properly stabilize the machine on uneven ground or exceed the machine's stability limits. Overturns can lead to equipment damage, injuries, or fatalities.
Struck-By Incidents: Backhoes have various moving parts and attachments, including buckets and booms, which can pose a risk to workers. Struck-by incidents may happen when a worker is hit, crushed, or caught between these components.
Trench Collapse: When backhoes are used for digging and excavation work, there is a risk of trench collapses, which can bury workers inside. Trench accidents can result in injuries or fatalities.
Utility Strikes: Accidental contact with underground utilities like gas lines or electrical cables can lead to gas leaks, electrocution, explosions, or service disruptions. Utility strikes often occur when operators fail to accurately locate and mark utilities before excavation.
Inadequate Training: Inexperienced or improperly trained operators may struggle to operate backhoes safely, increasing the risk of accidents. Comprehensive training is crucial to mitigate this risk.
OSHA Standard Relevant to Backhoe Safety
OSHA's standard for backhoe safety in the construction industry falls under the "Powered Industrial Trucks" standard, 29 CFR 1926.602. This standard outlines safety requirements for the use of powered industrial trucks, which include backhoes, in construction settings.
Bulldozers are integral to the Texas construction industry, serving significant roles in earthmoving, grading, and site preparation. Bulldozers on construction sites typically consist of a heavy blade in the front, a rear ripper attachment, a powerful engine, tracks or wheels for mobility, and a protective operator's cab. Bulldozers present inherent risks, and accidents involving them can result in injuries and fatalities to construction workers.
Common Bulldozer Accidents
Overturns: Bulldozer overturns can occur when the equipment operates on uneven terrain, slopes, or unstable ground. The high center of gravity makes bulldozers susceptible to tipping over, which can lead to serious injuries or fatalities.
Struck-By Incidents: Bulldozers are equipped with large, heavy blades in the front, which can pose a risk to workers and bystanders. Struck-by accidents may happen when a worker is hit, crushed, or pinned by the blade or other components.
Collisions: Bulldozers can collide with other construction vehicles, stationary objects, or structures on the construction site. These collisions can result in damage to the equipment, property, and injuries to operators and on-site personnel.
Falling Objects: When bulldozers are used to move materials or debris, there is a risk of objects falling off the blade or being dislodged from piles. This can pose a hazard to workers and equipment.
OSHA Standard Relevant to Bulldozer Safety
OSHA's standard for bulldozer safety in the construction industry falls under the "Powered Industrial Trucks" standard, specifically 29 CFR 1926.602. This standard outlines safety requirements for powered industrial trucks, which include bulldozers, when used in construction settings.
At Miller Weisbrod Olesky, our passion for advocating on behalf of our clients and our commitment to recover the largest possible compensation in each case sets us apart. If you or a loved one has been impacted by a construction accident, take action today to protect your rights and schedule a free consultation with our dedicated Texas heavy equipment accident attorneys.
Cranes are essential pieces of equipment in the Texas construction industry, playing a key role in lifting and moving heavy materials and structures. Cranes on construction sites comprise components such as a boom, counterweights, cables, hooks, a control cab, and various mechanical and hydraulic systems for lifting heavy loads. Cranes are complex machines, and accidents involving them can be catastrophic, resulting in severe injuries, fatalities, and significant property damage.
Common Crane Accidents
Overturns: Crane overturns can occur when the equipment is operated on unstable ground, exceeds its load capacity, or due to adverse weather conditions. Overturns can result in equipment damage, injuries, or fatalities.
Load Drops: Accidental load drops can happen when the crane operator fails to secure the load properly, leading to materials falling from a height, posing significant risks to workers and bystanders.
Struck-By Incidents: Cranes have large moving parts, loads, and counterweights that can pose a risk to workers on the construction site. Struck-by incidents may occur when a worker is hit or crushed by these components.
Electrical Contact: Contact with overhead power lines can result in electrical shocks, fires, or explosions. Crane operators must be vigilant when working near power lines.
Collapse: Crane collapses can occur due to various factors, including structural failures, improper assembly, or extreme weather conditions. Collapses can lead to extensive damage and pose grave dangers.
OSHA Standard Relevant to Crane Safety
OSHA has established comprehensive safety standards for crane operations in the construction industry, specifically under 29 CFR 1926, Subpart CC - Cranes and Derricks in Construction. This standard outlines safety requirements for the use of cranes and derricks in construction settings.
Key provisions of this standard include:
Ensuring that only trained and certified crane operators are allowed to operate cranes.
Regular inspection and maintenance of cranes to identify and address safety hazards or mechanical issues.
Compliance with load chart requirements and load capacity limits.
Proper assembly and disassembly procedures for cranes.
Safety measures when working near power lines, including maintaining specified distances.
Implementation of safe work practices, including measures to prevent crane overturns, load drops, and struck-by incidents.
Compliance with signal person and rigging requirements.
In addition to Subpart CC, OSHA may refer to other relevant standards for specific hazards associated with crane operation, such as the "Electrical" standard, 29 CFR 1926.416, for electrical contact hazards. Crane accidents in the Texas construction industry can have devastating consequences, underlining the critical importance of safety. Employers, operators, and workers must adhere to OSHA safety standards, particularly 29 CFR 1926, Subpart CC, to mitigate these risks and ensure the safe operation of cranes on construction sites.
Forklifts are commonly used pieces of equipment in the Texas construction industry for lifting and moving heavy materials. Forklifts on construction sites typically feature a chassis, mast, forks, hydraulic system, operator's cab, and an engine or power source. While forklifts are indispensable tools, they also come with their own set of safety risks. Accidents involving forklifts can result in injuries and fatalities to construction workers.
Common Forklift Accidents
Overturns: Forklifts can overturn when operators drive too fast, make sharp turns, or operate on uneven or unstable surfaces. Overturns can result in equipment damage, injuries, or fatalities.
Struck-By Incidents: Forklifts have moving parts and lifting mechanisms that can pose a risk to workers and bystanders. Struck-by incidents may occur when a worker is hit, crushed, or pinned by these components.
Falls: Workers can fall from elevated forklift platforms while performing tasks such as loading or unloading materials. Falls can result in injuries or fatalities.
Load Handling Accidents: Accidents related to the mishandling of loads can lead to injuries or damage to materials and property.
Pedestrian Accidents: Workers and pedestrians can be struck by forklifts when they are not aware of the forklift's presence or fail to follow safety protocols.
OSHA Standard Relevant to Forklift Safety
OSHA's standard for forklift safety in the construction industry primarily falls under 29 CFR 1926.602 - "Material Handling Equipment." This standard outlines safety requirements for the use of material handling equipment, including forklifts, in construction settings.
Key provisions of this standard include:
Training and Certification: Employers are required to ensure that forklift operators receive proper training and certification before operating a forklift. Training covers safe operation, load handling, and hazard recognition.
Equipment Inspection: Forklifts must undergo regular inspections by trained personnel to identify and address safety hazards or mechanical issues.
Load Handling: Forklift operators must follow safe procedures for load handling, including ensuring that loads are stable and properly secured.
Safe Operating Practices: The standard provides guidelines for safe forklift operation, including speed limits, turning procedures, and operating on ramps and slopes.
Pedestrian Safety: Measures must be in place to protect pedestrians from forklift traffic, including designated walkways, barriers, and warning signs.
Dump trucks are essential vehicles in the Texas construction industry, primarily used for transporting loose materials, such as sand, gravel, and demolition debris, to and from construction sites. Dump trucks on construction sites typically consist of a cab, chassis, dump bed, engine, transmission, and various hydraulic systems for lifting and dumping loads.
Common Dump Truck Accidents
Rollovers: Dump truck rollovers can occur due to factors like uneven terrain, excessive speed, overloading, or abrupt maneuvers. Rollovers can result in equipment damage, injuries, or fatalities.
Struck-By Incidents: Dump trucks have large, heavy beds that can pose a risk to workers on construction sites. Struck-by incidents may occur when a worker is hit, crushed, or pinned by the dump truck's components.
Load Spills: Accidental load spills can happen when the dump truck bed is not properly secured or when materials are not adequately contained. Load spills can create hazards on the road and at construction sites.
Backing Accidents: Dump trucks have limited visibility when backing up, increasing the risk of collisions with other vehicles, equipment, or pedestrians.
Tire Blowouts: Blowouts or tire failures can lead to loss of control and accidents, particularly when dump trucks are traveling at high speeds on highways.
OSHA Standards Relevant to Dump Truck Safety
29 CFR 1926.601 - Motor Vehicles: This standard addresses the safe operation of motor vehicles on construction sites and includes requirements for vehicle maintenance, vehicle inspections, and operator qualifications. Dump trucks fall under the category of motor vehicles.
29 CFR 1926.602 - Material Handling Equipment: This standard outlines safety requirements for the use of material handling equipment, including dump trucks, in construction settings. It includes provisions related to securing loads and preventing shifting during transport.
If you or a loved one has been affected by a heavy equipment accident in Texas, don't wait. The window of opportunity to seek justice is limited. Contact our Texas heavy equipment accident lawyers today for a free and no-obligation consultation. Let us assess the merits of your case, answer your questions, and provide guidance on the best course of action.
Compactors are vital pieces of equipment in the Texas construction industry, used for compacting soil, asphalt, and other materials to create stable foundations and road surfaces. Components of a compactor on construction sites typically include a vibrating drum or plate, an engine, hydraulic systems, and controls for operation.
Common Compactor Accidents
Overturns: Compactor overturns can occur when the equipment is operated on uneven or unstable terrain, or when it encounters obstacles. Overturns can result in equipment damage, injuries, or fatalities.
Struck-By Incidents: Compactors have heavy, vibrating drums or plates that can pose a risk to workers. Struck-by incidents may happen when a worker is hit, crushed, or pinned by these components.
Trench or Pit Accidents: In trench and pit compaction work, there is a risk of the compactor sliding or falling into the excavation, trapping workers inside.
Vibration-Related Health Issues: Prolonged exposure to the vibrations generated by compactors can lead to health issues, including hand-arm vibration syndrome (HAVS) or whole-body vibration (WBV) disorders for operators.
OSHA Standards Relevant to Compactor Safety
29 CFR 1926.601 - Motor Vehicles: This standard addresses the safe operation of motor vehicles and equipment on construction sites, including compactors. It includes requirements for vehicle maintenance, vehicle inspections, and operator qualifications.
29 CFR 1926.1001 - Control of Hazardous Energy (Lockout/Tagout): When servicing or performing maintenance on compactors, this standard may apply. It outlines procedures for the control of hazardous energy to prevent unexpected startup or release of stored energy.
29 CFR 1926.952 - Vibration: This standard addresses the control of employee exposure to hand-arm and whole-body vibration and may apply to operators of vibrating compactors.
In addition to these standards, employers should also consider industry best practices and manufacturer recommendations for safe compactor operation and maintenance.
Concrete mixers are essential equipment in the Texas construction industry, used for preparing and transporting concrete to construction sites. They play a pivotal role in ensuring the quality and efficiency of concrete-related tasks. Concrete mixers on construction sites typically comprise a rotating drum, an engine or power source, a loading hopper, and controls for mixing and discharging concrete.
Common Concrete Mixer Accidents
Overturns: Concrete mixer trucks can overturn when they encounter uneven terrain, make sharp turns, or are operated at excessive speeds. Overturns can result in equipment damage, injuries, or fatalities.
Struck-By Incidents: Workers can be struck by moving parts of the concrete mixer or by objects that become dislodged during mixing or transport.
Falls: Workers can fall from the truck while accessing or exiting the mixer cab or while working on the mixer's components.
Electrical Hazards: Electrical components associated with concrete mixers pose a risk of electrical shock or fire.
Material Handling: Workers may be injured while loading or unloading materials into the mixer drum.
OSHA Standards Relevant to Concrete Mixer Safety
29 CFR 1926.600 - Equipment: This standard covers safety requirements for equipment used in construction, including concrete mixers. It includes provisions for equipment inspections, maintenance, and operator qualifications.
29 CFR 1926.21 - Safety Training and Education: This standard outlines the importance of providing safety training and education to workers involved in construction activities. Training should cover equipment-specific safety procedures, including those related to concrete mixers.
29 CFR 1926.600 - Motor Vehicles: When concrete mixers are mounted on trucks, they are considered motor vehicles. This standard addresses the safe operation of motor vehicles and includes requirements for vehicle maintenance, inspections, and operator qualifications.
By reaching out to Miller Weisbrod Olesky, you can take a decisive step towards securing the compensation you need for medical bills, lost wages, and the pain and suffering you've endured. You deserve justice, and our dedicated Texas heavy equipment accident attorneys are here to fight for it.
Pavers are essential equipment in the Texas construction industry, used for laying asphalt and concrete surfaces with precision and efficiency. Pavers on construction sites typically consist of a hopper for material, a conveyor system, a screed for leveling, a control panel, and tracks or wheels for movement while laying asphalt or concrete surfaces.
Common Paver Accidents
Overturns: Paver overturns can occur when the equipment is operated on uneven or unstable ground, or when it encounters obstacles. Overturns can result in equipment damage, injuries, or fatalities.
Struck-By Incidents: Pavers have large, heavy components, including the screed and conveyor systems that can pose a risk to workers. Struck-by incidents may occur when a worker is hit, crushed, or pinned by these components.
Hot Asphalt Burns: Workers involved in the paving process can suffer burns from hot asphalt or other materials used in the paving process.
Material Handling: Workers may be injured while loading or unloading materials onto the paver or while working in close proximity to the equipment.
OSHA Standards Relevant to Paver Safety
29 CFR 1926.601 - Motor Vehicles: When pavers are mounted on trucks, they are considered motor vehicles. This standard addresses the safe operation of motor vehicles and includes requirements for vehicle maintenance, inspections, and operator qualifications.
29 CFR 1926.150 - Fire Protection: This standard addresses fire protection requirements on construction sites, including fire prevention measures for equipment like pavers that handle hot asphalt.
Graders are essential equipment in the Texas construction industry, used for leveling and shaping surfaces, including roads, highways, and building sites. Pavers on construction sites typically comprise a hopper for material, a conveyor system, a screed for leveling, a control panel, and tracks or wheels for movement while laying asphalt or concrete surfaces.
Common Grader Accidents
Overturns: Grader overturns can occur when the equipment is operated on uneven terrain, slopes, or unstable ground. Overturns can result in equipment damage, injuries, or fatalities.
Struck-By Incidents: Gradall blades and other components can pose a risk to workers on construction sites. Struck-by incidents may happen when a worker is hit, crushed, or pinned by the grader's components.
Collisions: Graders can collide with other vehicles, equipment, or stationary objects on the construction site, resulting in damage to the equipment, property, and injuries to operators and on-site personnel.
Falling Objects: When graders are used to move materials or debris, there is a risk of objects falling off the blade or being dislodged from piles, potentially striking workers or causing damage.
OSHA Standard Relevant to Grader Safety
29 CFR 1926.601 - Motor Vehicles: When graders are mounted on trucks, they are considered motor vehicles. This standard addresses the safe operation of motor vehicles and includes requirements for vehicle maintenance, inspections, and operator qualifications.
29 CFR 1926.602 - Material Handling Equipment: This standard outlines safety requirements for the use of material handling equipment, including graders, in construction settings. It includes provisions related to equipment inspections and load securement.
Wheel loaders are vital pieces of equipment in the Texas construction industry, used for a wide range of tasks, including material handling, loading, and excavation. However, wheel loaders can pose safety risks if not operated correctly or if safety precautions are not followed.
Common Wheel Loader Accidents
Overturns: Wheel loader overturns can occur due to various factors, including uneven terrain, unstable loads, or operator error. These accidents can lead to equipment damage, injuries, or fatalities.
Struck-By Incidents: Wheel loaders have large buckets or forks for material handling, which can pose a risk to workers and bystanders if they are struck or crushed by these components.
Collisions: Collisions between wheel loaders and other vehicles, equipment, or stationary objects on the construction site can result in property damage and injuries to operators and other personnel.
Falling Objects: When materials are being loaded or transported, there is a risk of objects falling from the bucket or forks, potentially striking workers or causing damage.
OSHA Standard Relevant to Wheel Loader Safety
OSHA's standard for wheel loader safety in the construction industry falls under the "Powered Industrial Trucks" standard, specifically 29 CFR 1926.602. This standard outlines safety requirements for powered industrial trucks, including wheel loaders, when used in construction settings.
Trenchers are important pieces of equipment in the Texas construction industry, used for digging trenches and excavations for various purposes, such as utility installation and foundation work. Trenchers on construction sites usually consist of a digging chain or blade, an operator's station, tracks or wheels for mobility, and controls for digging trenches with precision.
Common Trencher Accidents
Trench Cave-Ins: Trenches dug by trenchers can be at risk of cave-ins, especially in loose or unstable soil conditions. Cave-ins can trap and injure workers inside the trench.
Equipment Overturns: Trenchers can overturn when operated on uneven or unstable terrain or when they encounter obstacles. Overturns can result in equipment damage, injuries, or fatalities.
Struck-By Incidents: Trenchers have rotating digging chains or blades that can pose a risk to workers. Struck-by incidents may happen when a worker is hit, crushed, or pinned by these components.
Trench Collapses: As the trencher progresses, there is a risk of the trench walls collapsing or sloughing, potentially burying workers or the equipment.
OSHA Standards Relevant to Trencher Safety
OSHA's standards for trencher safety in the construction industry primarily fall under the "Excavations" standard, 29 CFR 1926.650 - 29 CFR 1926.652. This standard outlines safety requirements for excavation and trenching work, including the use of trenchers.
Key provisions of this standard include
Protective Systems: Employers must provide protective systems, such as shoring, sloping, or shielding, to prevent cave-ins in trenches and excavations. The standard specifies the requirements for protective systems based on trench depth and soil type.
Access and Egress: Trenches that are deeper than 4 feet must have safe means of access and egress for workers, such as ladders or ramps, located within 25 feet of workers.
Hazard Identification: Employers are required to conduct daily inspections of excavations, including trenches created by trenchers, to identify and address potential hazards.
Competent Person: A competent person must be designated to oversee trenching and excavation work, including trencher operations. This person is responsible for ensuring compliance with safety standards.
Training: Workers involved in trenching and excavation work, including those operating trenchers, must receive training on safe work practices and hazards associated with the work.
Hazardous Atmospheres: When trenching work may encounter hazardous atmospheres, such as toxic gases, employers must take appropriate measures to protect workers.
At Miller Weisbrod Olesky, we understand that heavy equipment accidents can bring life-altering consequences, physically, emotionally, and financially. Our team of dedicated heavy equipment accident attorneys in Texas is committed to advocating for your rights and securing the compensation you deserve.
With our expertise, experience, and resources, you can expect to recover maximum financial compensation from all the negligent parties. Contact us today for a free consultation. There will never be a fee unless and until we receive a successful financial settlement or verdict in your favor.
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.
