Construction jobs generally come with an understood risk of injury for workers. Scrapes, burns, bruises, and general aches and pains might just be a daily price of that type of work. However, injuries from construction work can also be quite serious, permanent, or even fatal. Construction accidents can leave people out of work for an extended amount of time with high medical bills they did not plan for.
If you suffered a construction site injury, you don’t have to go it alone. Lewisville construction accident lawyers can help you file your claim and pursue your rights under the law. The Hartley Law Firm can assist you with your construction injury claim.
What Should I Do After a Construction Accident?
If you suffered injuries in a construction accident, you must act quickly to tend to your injuries and initiate any claims for compensation. There are some important steps you should take if you suffer a construction site injury.
Seek Medical Attention Immediately
The sooner you see a doctor for your injuries and begin treatment, the better your chances are for healing. Obviously, medical care is necessary to tend to your immediate physical needs, and it may help identify injuries that may not be apparent. But there is another critical reason to seek care. Doing so will help in any claim you may need to pursue because a well-supported medical record forms the basis for most compensation claims.
Report Your Injury to Your Employer
To make a workers’ compensation claim, you must report the incident to your employer as soon as possible. Your employer likely has some procedure in place for reporting accidents.
File a Workers’ Compensation Claim
If your employer subscribes to the Texas Workers’ Compensation system, you must file a claim by sending DWC Form-041 to the Texas Division of Workers’ Compensation. While you may do so on your own, it might be helpful to have a construction accident lawyer assist you with the process.
Contact a Construction Accident Attorney
If your employer does not subscribe to the state workers’ compensation system, you can pursue a legal claim against them and their insurance company in court. You may also have a third-party claim if another party was responsible in some way for your injuries. Examples of possible third parties include product manufacturers, other contractors, or anyone other than your employer who was fully or partially at fault for the accident.
What Is the Average Settlement for a Construction Accident Claim?
There is no such thing as an average settlement amount for any type of personal injury case, including construction injury claims. Every case depends on the facts of the incident, the injuries involved, and whether the employer subscribes to the workers’ compensation system or their insurance policies.
The most significant factor that will determine how much someone can recover after a construction injury is the number of their damages. They can likely recover compensation for their past and future medical costs, missed income, and future lost wages. Workers’ compensation benefits will probably only cover a percentage of the person’s damages. In legal claims, injured people are more likely to recover more compensation. They can also recover damages for non-economic damages such as pain and suffering.
However, it is also important to note that in Texas, courts will assess how much responsibility the person had for their own injuries. The law of proportionate responsibility says that people who were more than 50% responsible for an accident cannot recover any compensation for their injuries. Lewisville construction accident lawyers can help ensure that you are assigned as little fault as possible for the accident that caused your injuries.
How Much Time Do I Have to File a Construction Injury Claim?
There are several important time limits to keep in mind when you are thinking about initiating a construction injury claim. If your employer subscribes to the workers’ compensation system, you must report the incident to your employer within 30 days. You must then file your workers’ compensation claim within a year of your injuries.
If you are filing a claim against your employer or other third parties in court, the statute of limitations is two years from the date of your accident. If you do not abide by these time limits, you may not be able to recover any compensation. In general, the faster you act, the better your circumstances will be and the greater chance you’ll have for a successful outcome.
Contact the Hartley Law Firm to Speak to a Lewisville Construction Accident Attorney
The Hartley Law Firm is dedicated to handling all types of personal injury claims. Austin Hartley is an experienced trial attorney well-versed in personal injury law relating to construction injuries. The legal team at Hartley Law Firm understands the stress of dealing with work injuries in combination with being out of work. We know how overwhelming the legal process can be for someone not used to dealing with it on a daily basis. Contact the Hartley Law Firm for help handling your construction accident injury claim.