8 Situations to Hire a Construction Accident Lawyer
Construction accidents are unfortunately common, and they may result in significant injuries. If you suffered an accident while working on a construction site, you need to contact a construction accident lawyer to help you understand your rights and fight for them. Depending on the circumstances of your accident, in Texas, you may be entitled to workers’ compensation and damages.
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8 Situations to Hire a Construction Accident Lawyer
1. If Your Accident Was Caused by Negligence
If your employer or a third party’s negligence is the reason behind your injuries, you can file a personal injury lawsuit. Negligence means that another person’s careless actions (e.g., leaving equipment out of place or failing to secure structures) directly caused your accident. For a lawsuit of this kind to progress, you’ll need to provide sufficient evidence, such as pictures, surveillance camera footage, medical records, and witness statements.
Lack of training or supervision of new or inexperienced staff can also be considered negligence, in which case, your employer is at fault. Your employer is also liable if they fail to provide protective equipment as defined in the Texas Hazard Communication act.
2. If You Fell
After a fall, you should immediately get medical help. Serious injuries caused by falls (such as traumatic brain injury or spinal injuries) may not cause immediate symptoms yet have lifelong consequences. After a doctor has examined you, you need to inform a supervisor about the accident, who in their turn needs to file a formal report. Always ask for copies of documentation regarding a workplace accident, as they are essential evidence if your complaint progress to a hearing or a court case.
3. If Faulty Equipment caused your Accident
Your employer is responsible for equipment maintenance, so if a piece of equipment fails because of maintenance issues, they are liable for your damages. If, on the other hand, equipment failures are due to manufacturing defects or vague instructions, the manufacturer and even the retailer may be the ones liable. A construction accident lawyer Houston, will be able to help you determine who is at fault and how to move forward.
In Texas, you can file a personal injury lawsuit on top of a workers’ compensation claim.
4. If Electricity Was Involved
The Occupational Safe and Health Administration (OSHA) has stringent guidelines for handling electrical installations on a construction site. If you suffer an electrical injury, get medical help immediately. Then, talk to an attorney. OSHA violations are finable offenses and constitute grounds for a personal injury claim.
5. If Your Accident Caused Lifelong Injuries
Suppose a construction site accident results in lifelong injuries or chronic pain that prevent you from working normally. In that case, you may be entitled to workers’ compensation to pay for medical bills, and if your injuries have rendered you unable to work, you are also entitled to payment for lost wages. These benefits will be paid to you by your employer’s insurance until you can get back to work.
6. If Your Employer is a “non-Subscriber.”
Workers’ compensation insurance is not mandatory in Texas. However, your rights after an accident remain protected. Employers who do not provide workers’ compensation insurance may be directly liable for a workplace accident and lose immunity against an injured worker’s lawsuit.
If you were a victim of a construction site accident and your lawyer does not provide insurance, avoid talking about your accident with your employer (other than informing them that it happened) and contact an attorney immediately.
7. If You Were Not Working at the Construction Site
If you were a victim of an accident at a construction site where you were not employed (for example, if equipment fell on you or if you tripped with misplaced tools), you might be entitled to compensation. For an injury lawsuit of this kind to progress, you must prove that there were no visible warning signs and that the site was not adequately fenced.
You cannot file a claim (and even face charges) if you were trespassing or if you knowingly ignored verbal and written warnings.
8. If the Accident Resulted in a Death
If one of your loved ones died during a construction site accident, you might be entitled to file a wrongful death lawsuit and seek compensation according to workers’ compensation insurance. A construction accident attorney will help you gather evidence to determine liability (and prove your case). They will also negotiate on your behalf if settlements are offered or represent you during a trial.
Regardless of the particularities of your accident, legal representation is essential and can significantly affect the outcome of your complaint. Good accident lawyers have a proven track record of success, are transparent when it comes to fees and the approximate duration of the process and remain available to answer your questions during the process.
Thank you,
Glenda, Charlie and David Cates
