All it takes is for one person’s careless or reckless behavior to cause a construction accident resulting in an injury. Perhaps you’ve been injured in a construction accident and wonder how you’ll cover your medical bills and lost wages. You want to pursue a claim but don’t know how to proceed. Fortunately, an experienced construction accident lawyer at the Hartley Law Firm can help you answer questions about your legal rights after a Texas construction accident, including your right to compensation. Speak with a Fort Worth construction accident attorney today!
Causes of Construction Site Accidents
One of the most significant differences between construction accidents and other work-related accidents is that the nature of the work in a construction environment is considered more dangerous. It is not uncommon for a construction accident to result in injury or death.
Common causes of construction site deaths are:
- Heavy machinery accidents,
- Falling accidents,
- Crushing accidents,
- Exposure to toxic chemicals,
- Exposure to explosive chemicals, and
Construction sites should take various steps to prevent these serious accidents and injuries. For example, construction site employees should have the proper job instructions and qualifications. They should also be trained in proper safety standards and accident prevention. A designated safety inspector should adequately supervise the work site to minimize risk.
Additionally, employees should have the appropriate safety equipment to perform their jobs. Common safety gear for a construction site includes:
- A hard hat,
- Safety glasses or a face shield,
- Steel-toed boots,
- High-visibility clothing, and
- Ear protection.
You may also need a personal fall arrest system if you have to work at tall heights. A lack of adequate fall protection is the most common violation in the construction industry cited by the Occupational Safety and Health Administration (OSHA). Falls are the most common cause of construction accident deaths, making up approximately one-third of all construction site fatalities.
An employer should ensure that everyone has safety in mind and that workers will not be put in harm’s way. However, if a worker is harmed due to someone’s negligence, they may be eligible for compensation. In an environment that rapidly changes, an injured worker will benefit from bringing a construction accident lawyer into the equation as soon as possible to help preserve their rights, investigate the case, and gather evidence of negligence. Reach out to a construction accident lawyer about your accident claim.
What Are My Legal Options After a Construction Accident?
When a negligent party is involved in your accident, you have several options to help remedy your situation. Generally, a factor in evaluating a construction accident case is whether your employer subscribes to workers’ compensation insurance.
Construction accidents in Texas fall into two categories:
- Worksite injuries covered by workers’ compensation insurance; and
- Worksite injuries that are not covered by workers’ compensation insurance.
This will determine the type of attorney you will need and the specific strategies your attorney will use to establish your employer’s liability. Additionally, there are potential limits on the compensation you can receive under either category.
The simplest option is available to workers covered by workers’ compensation insurance. After a work injury or illness, the worker simply files a workers’ compensation claim. Workers’ compensation pays for medical treatment and lost wages during recovery. It also protects employers from most injury lawsuits.
Non-Subscriber Insurance Claim
If your employer does not subscribe to workers’ compensation, you may file a non-subscriber claim. Confusingly, your employer may have non-subscriber insurance, which has similar coverage as workers’ compensation insurance, but is not the same. Non-subscriber insurance does not protect employers from civil lawsuits, which means you can file a construction accident lawsuit against them if your losses exceed the insurance coverage.
Construction Accident Lawsuit
If your employer does not subscribe to the worker’s compensation system or a third party caused your accident, you may be able to file a lawsuit. Examples of third parties may include:
- The owners of the construction site,
- A supervisor or manager,
- General contractors and subcontractors,
- Inspectors and maintenance companies,
- Equipment manufacturers, and
- Equipment rental companies.
For example, if your injury is due to a subcontractor’s negligence, you would likely file a third-party lawsuit against them.
Under some limited circumstances, an injured worker can file a workers’ compensation claim and a lawsuit. A lawsuit would help you, as a worker or family member, obtain compensation for things not covered by workers’ compensation, like pain and suffering or wrongful death. You should speak with a construction accident lawyer to determine if you can file a lawsuit.
How a Construction Accident Attorney Can Help
Construction accidents are complicated. You should be able to turn to experienced construction accident lawyers for help. When you hire the Hartley Law Firm, we will handle every aspect of your claim, including thoroughly investigating your construction accident. We’ll identify potential OSHA safety violations that could have contributed to your accident and analyze all the evidence related to your case. Most importantly, we will identify all your possible options for financial recovery. We are seasoned negotiators and litigators ready to secure a fair settlement on your behalf.
Contact Us Today
The award-winning attorneys at the Hartley Law Firm are members of the Million Dollar Advocates Forum. We can help you understand the complex nature of construction accident lawsuits and your potential recovery. Contact us today to schedule a free consultation.