What happens if you suffer injuries in a construction accident? If the incident resulted from another party’s negligent actions, one of your first steps should be protecting your financial future by seeking compensation for your medical treatment and other losses.
Read on to learn more about how you can take action against a nonsubscriber employer or a liable third party with an insurance claim or personal injury lawsuit.
What Compensation Can You Seek for a Construction Accident Injury?
If you suffered injuries while working on a construction site (or as a visitor or bystander), you have the right to pursue financial awards from the party that caused your accident. Under Texas Civil Practice and Remedies Code Chapter 41, compensation for a construction accident injury may include the following:
- Medical expenses. You can recover awards for your current and ongoing medical treatment, including emergency transportation and services, hospital and doctor’s fees, medical aids and devices, surgeries, long-term nursing, and life care.
- Lost income. If you cannot work because of your injury, you can seek your back pay, benefits, and other lost earnings. In addition, you can pursue awards for your lost earning capacity if you suffered a debilitating or catastrophic injury that forces you to change careers, reduce your hours, or leave the workforce.
- Pain and suffering. You can seek compensation for inconvenience and quality of life reductions resulting from your construction injury, including severe and chronic pain, loss of mobility, disfigurement, scarring, depression, anxiety, stress, and loss of enjoyment.
- Personal property. You can seek costs associated with fixing or replacing personal items damaged during your accident, including vehicles, cell phones, tools, and safety equipment.
- Wrongful death. Qualifying survivors can pursue wrongful death compensation on behalf of a deceased loved one. If your family member suffered a fatal injury, you can recover many of the above damages as well as awards for the loss of their care, companionship, society, support, services, and guidance.
How Long do You Have to Pursue a Claim or Lawsuit?
If you or your loved one sustained injuries in a construction accident, you have a limited time to take action. According to Texas Civil Practice and Remedies Code § 16.003, you must file a personal injury or wrongful death lawsuit within two years of your accident or loved one’s passing, or you may lose your opportunity to recover damages.
If you do not pursue your case within the statute of limitations, the court will likely refuse your suit. This deadline will also affect liability insurance claims because an expired statute will diminish your bargaining power and may lead to a reduced or denied settlement. Even if you feel confident you will settle outside court, acting quickly on your claims can benefit you in the following ways:
- It allows you to preserve physical evidence.
- It allows you to obtain cell phone or surveillance video of your accident before it is erased.
- It allows you to speak with witnesses while the incident is fresh in their minds.
- It gives you ample time to work through negotiations.
- A delay may cause opposing parties to allege your injuries did not stem from your construction accident.
Who Is Liable for Your Construction Accident Damages?
If your construction accident happened while working, you may be able to recover some of your damages with a workers’ compensation claim. And, in most cases, you cannot sue your employer if they provide workers’ compensation insurance. However, you can sue a nonsubscriber employer or a liable third party if their negligent, wrongful, or reckless actions caused your construction injuries. Potentially liable third parties may include:
- A general contractor
- A subcontractor
- A coworker
- A property owner or manager
- A job site supplier
- An architect or designer
- A mechanic or entity in charge of equipment or vehicle maintenance
- A manufacturer of faulty or dangerous products or equipment
What Are the Most Common Construction Accidents?
The Occupational Health and Safety Administration (OSHA) reports that the top four construction hazards include:
- Falls. Construction often requires work from heights, which can cause severe and fatal fall injuries in an accident. In addition to falls from heights, construction workers and site visitors are also vulnerable to slips, trips, and falls and falls involving uncovered pits or holes.
- Struck by/against accidents. This type of accident occurs when a vehicle, heavy equipment, or moving object strikes an individual.
- Caught in/between accidents. These injuries occur when an individual is caught in equipment or machinery, penned between objects, or stuck in a trench or excavation site.
- Electrocutions. Electrocutions can happen using ungrounded tools and machinery, working around power lines, or when workers fail to lock out equipment, pay attention to electrical hazards, or issue warnings.
How Can You Prove Your Construction Accident Case?
Proving another party owes you compensation requires demonstrating that their negligent actions led to your injuries and resulting damages. Doing this can be daunting if you do not have legal or insurance experience. In addition, building a case can take hours of effort that may be better spent on healing. For these reasons, it may benefit you to work with a construction accident lawyer with our firm. We can:
- Obtain accident reports, medical records, work logs, and other documentation.
- Interview eyewitnesses.
- Locate available video footage of your accident.
- Photograph your injuries and investigate the accident site.
- Hire and consult with subject matter experts.
- Identify and calculate your losses.
- Identify liable parties and pursue a claim against all those who may owe you compensation.
- Handle case paperwork and case-related communications.
- Negotiate on your behalf.
- Represent you at trial if necessary.
Contact Us Today for Help With Your Construction Accident Injury
Contact Domingo Garcia for a free consultation. A team member can tell you more about what happens after a construction accident injury and how a lawyer with a firm can fight for the compensation you need and deserve.
We take personal injury cases on contingency, meaning our services cost you nothing unless and until we win your case. There is no risk or obligation in reaching out. Connect with a lawyer near you today.