What Kind of Injuries Can Happen At Work?
On-the-job injuries can happen on oilfield sites, construction sites, in factories, and other dangerous work environments. However, some of the injuries seen most often in the construction industry include:
- Hearing loss caused by excessive noise exposure
- Burn injuries caused by fires and explosions
- Broken and fractured bones caused by slips, trips, and falls
- Spinal cord injuries that result in paralysis or loss of function
- Traumatic brain and head injuries, including concussion
- Back injuries, including herniated discs
- Amputation caused by defective machinery or machinery misuse
Who is Liable for a Construction Accident?
Your construction accident lawyer in Texas will be responsible for figuring out who is at-fault for causing your injuries. To do this, we need to establish negligence. If your employer failed to properly train construction workers, purchase the necessary safety equipment, or ensure equipment was properly maintained, they may be held accountable for their failure to uphold their duty of care.
Your employer could also be responsible if they were not in compliance with Texas construction safety protocols and standards. However, in addition to your employer, other parties could also share the blame for your damages. Some examples of third parties who could be sued for your construction site accident injuries include:
- Other construction workers
- Contractors and subcontractors
- Independent contractors
- Construction site property owners
- Maintenance companies
- Safety inspectors
- Equipment rental companies
- Equipment manufacturers and distributors
An in-depth analysis of the cause of your construction accident will uncover all potentially liable parties so we can ensure you have your greatest opportunity to recoup every loss.
What Kind of Compensation is Available for a Texas Construction Accident?
There are several ways to ensure you are compensated fairly for your injuries after being involved in a construction accident in Texas, including the following:
Although Texas law does not require all employers to purchase workers’ compensation insurance coverage, many do. You may be protected under their policy if your employer has purchased workers’ compensation benefits. Here, it does not matter who is responsible for causing the accident.
As long as your injuries are work-related, you can file a claim with the insurance company and recover compensation for your medical expenses, vocational rehabilitation, and receive regular benefits to replace a portion of your lost income.
When your employer opts out of purchasing workers’ compensation insurance coverage, they are classified as non-subscribers. Since non-subscribers don’t provide workers’ comp benefits, they are vulnerable to lawsuits. While workers’ comp benefits typically cover a portion of lost wages and medical expenses, a non-subscriber injury claim allows you to recover economic and non-economic damages, such as pain and suffering.
If a third-party, such as an equipment manufacturer, contractor or subcontractor, construction vendor, or another party entirely shares fault for the damages, you may be able to pursue legal action against them.
Many organizations and entities are involved in construction accidents, including construction site property owners, engineers, and other third parties who may have contributed to the injuries you sustained. Like a non-subscriber claim, filing your third-party liability claim allows you to recover every loss, including non-economic damages.
Undocumented Workers and Damages
One of the most significant issues undocumented workers face is how they will recover compensation if they are involved in a work-related accident. If you lost a loved one in a fatal construction accident, and your loved one was undocumented, you may still pursue justice through a wrongful death claim.
Our attorneys can assist you in helping to make burial and funeral arrangements and ensure your loved one is transported back to their home country as needed.
Since construction companies may take advantage of surviving family members or worry that they will be deported themselves if they pursue legal action against construction companies, they may be less inclined to pay out on claims.
However, whether you are dealing with a wrongful death claim or have been injured yourself in a construction accident as an undocumented worker, you still have the right to justice.
How Can a Texas Construction Accident Lawyer Help Me?
Having your construction accident attorney in Texas working on your case can make all the difference in your ability to maximize the amount of compensation you are awarded. Your attorney will:
- Ensure your claim is filed before the statute of limitations expires
- Determine who is responsible for causing your construction accident injuries
- Determine and obtain the evidence we need to prove negligence and liability
- Interview witnesses and retain experts to testify
- Negotiate with workers’ comp insurance companies
- Bring your non-subscriber or third-party liability claims to trial if necessary
Kemmy Law Firm is Ready to Hear Your Case
After the trauma of your construction accident, having a knowledgeable and experienced attorney on your side can help ease your mind and offer the clarity and guidance you have been looking for. Our Texas construction accident lawyers at Kemmy Law Firm are a top choice when you are considering your legal options for financial relief.
Get help maximizing the compensation you are awarded when you call our office for a free consultation. Schedule yours today by filling out our convenient contact form or calling our office at 844-334–4388.