Rights and Compensation for Workers Injured in Construction Site Falls

Who Could Be Liable For A Construction Accident in Texas?

Every construction site accident differs in its circumstances, but numerous parties may be liable in some cases. For example, your employers, manufacturers of parts or machinery, and even your fellow workers can be negligent, resulting in you being injured.

That said, if you are injured on the job, your experienced Texas construction site accident lawyer will thoroughly investigate the unique circumstances of the incident to determine all the liable parties.

Of course, in many cases, your employer is responsible for employee injuries sustained at their work site.

That determined, Texas law demands that construction companies be held responsible for regularly inspecting the equipment on the job and providing adequate safety instruction and gear to all their workers. The Occupational Safety and Health Administration (OSHA) sets many of these rules.

If your employer doesn’t follow these OSHA requirements, they can be liable for monetary damages for your injuries on the site.

Suppose a defective piece of machinery or tool caused an accident at your construction site. In this case, the manufacturer may be fully or partially liable for your injuries.

It’s also possible that another co-worker acted negligently on the job. So, if these circumstances can be proven by your passionate and capable construction accident lawyer, the negligent worker can also be held partially at fault.

So, Texas construction site accidents are often legally complex, and multiple parties could be at fault. Therefore, in many injury cases, these various parties must be filed independently to get you the total compensation you need and deserve.

Texas uses the legal concept of modified comparative fault laws. This may also affect your claim, as your employer or manufacturer may claim that you are partially responsible for your injuries.

Therefore, a Texas construction injury lawyer’s help, investigative skills, and compassionate advice are mandatory in most construction site accidents, including falls.

What Rights Do I Have If I’m Injured On a Construction Site in Texas?

When injured on a construction job in Texas, your rights primarily revolve around the state and federal workers’ compensation laws and third-party liability claims.

For example, some vital facts about workers comp in Texas are:

• You must note that employers aren’t legally required to carry workers’ compensation insurance in Texas. Therefore, if your employer provides workers’ compensation, you’re usually entitled to benefits, regardless of who was at fault.
• Some of the benefits workers comp provide are;
  • Medical Care that would usually cover all the reasonable and necessary medical treatment for your injury.
  • Lost wages and Income Benefits that will replace, at least partially, any lost wages if you cannot work temporarily or permanently.
  • Disability coverage for you if you are permanently, partially, or totally disabled due to your injury.
  • Death Benefits for your family if you are killed or subsequently die from your injuries.

General Contractors/Subcontractors would fall under the legal purview of third-party claims.

Let’s suppose that another contractor or subcontractor’s negligent actions caused you to be injured. In this case, your skilled and thorough construction injury lawyer may uncover grounds for a third-party liability claim.

A premises liability lawsuit may also come into play If your injury was due to unsafe property conditions that were or were not under your employer’s control. So, the property owner may be held responsible.

On-the-job construction injury cases are almost always complex, involving multiple parties and legally elaborate liability issues. To understand all your rights under federal and state law, you must consult a personal injury lawyer who’s well-versed in investigating and litigating these important cases; your livelihood and families financial future are on the line.

Pertinent Facts About Recovering Damages After a Construction Site Injury.

Construction site accident injuries are usually severe and may forever alter your quality of life. Suppose another party’s negligence is responsible for your injuries. In that case, you must hold them accountable and recover appropriate compensatory damages that are enough to support your current and future medical needs and help continue to provide for your family.

That said, legally determining who is at fault is critical to you and your family.

You must note that in Texas, workers’ compensation insurance is optional. So, you or your employer can opt out of having coverage; if your employer doesn’t have workers’ compensation, you usually can’t file a claim.

However, suppose your employer has insurance, and you don’t opt-out. In that case, you may have to file a workers’ compensation claim, often leaving you with an insufficient settlement.

If you choose to opt out of coverage and are injured, you don’t necessarily have to file a worker’s comp claim. This may sometimes be a better choice, as you won’t be held to the restrictions that workers comp imposes.

That said, a highly experienced and passionate construction accident lawyer might be able to help you take advantage of exceptions in the rules that allow you to file a lawsuit instead.

If your injuries are severe, filing a lawsuit against the liable party can help you recover sufficient compensation after a construction site accident.

In most cases, employees not covered by workers’ compensation always retain their right to sue a negligent employer for damages after their construction site accident.

Or you may be able to file a product liability claim against a negligent manufacturer.

However, making these critical decisions about your case should always be done with a Texas construction injury lawyer.

How Can a Lawyer Help Me Receive Damages For My Construction Site Injury?

If you’ve been severely injured, the stakes are incredibly high in many construction accident claims. The liable parties may have to pay thousands of dollars or significantly more. But note that you only have one year to file a workers’ comp claim and two years to file a lawsuit.

These mandatory deadlines start immediately after you get hurt on the job. So, time is not on your side, as the longer you wait, the harder it gets to find the solid, provable evidence needed to build a strong legal case.

You must consult with a Texas construction accident lawyer as soon as possible. The sooner our lawyer can investigate your accident, review official documents, interview witnesses, or retain experts, the better they can find the facts needed to support a successful injury claim and get you the compensation you need and deserve.

I’ve Been Injured on My Construction Job; How Should I Proceed?

First, no matter what your injury may be, never underestimate the complexity of your legal case. It would be best to speak with a skilled and empathetic construction accident lawyer as soon as possible for your and your family’s protection.

Your lawyer must also be well-versed in investigating and litigating these complex cases and committed to getting you and your family what you deserve.

At the Law Offices of Denise-Adkison-Brown, Denise-Adkison-Brown has in-depth knowledge and experience of how insurance companies work and over 20 years of experience helping construction accident victims know their rights and obtain what they deserve.

Call her today at 713-804-8520, and she will compassionately provide you with the aggressive and communicative professional service you need at this critical time.