What are My Legal Options if I Was Injured in a Construction Accident?

Working in the construction industry can be rewarding, but it also comes with various risks. In the unfortunate event of a construction accident, understanding your legal options is vital. You need to protect your rights and work on securing the compensation to which you may be entitled. Here are the legal options available to construction workers in Texas who have been injured on the job.

Workers’ Compensation

In Texas, workers’ compensation is a fundamental legal option for injured construction workers. Employers are required to carry workers’ compensation insurance at all times. This ensures the provision of benefits such as medical care, rehabilitation, and a portion of lost wages. While this avenue prevents workers from suing their employers for negligence, it is a no-fault system designed to smoothen the compensation process.

Third-Party Liability Claims

Many injured workers are unaware they may have the option to pursue a personal injury claim against a third party. This is a good alternative to their workers’ compensation claim. Third-party liability claims open the door to potential recovery of full lost wages and medical expenses. You will also get compensated for additional damages, such as physical pain and mental suffering.

Construction sites are dynamic environments with various professionals contributing to the work. Engineers, architects, contractors, subcontractors, and others play pivotal roles in ensuring a project’s success. If any of these parties, other than your employer, were negligent and contributed to your injury, you might have grounds for a personal injury claim.

Examples of Third-Party Claim Scenarios

• Injuries caused by negligent drivers: If you sustain an injury while on the clock due to the actions of a negligent driver, you may be eligible to file a third-party claim. This can be relevant if the accident occurred while you were performing work-related duties.
• Premises liability: If your injury results from a dangerous condition on the premises, you may have a valid third-party claim against the property owner.
• Defective products: Were you injured by a defective product? If so, you may have grounds for a third-party claim against the product manufacturer or supplier. A good example is a malfunctioning crane or faulty hazardous waste container.
• Negligence by materials supplier: If a materials supplier’s negligence contributes to your injury, whether through faulty materials or other oversights, you may be able to pursue a third-party claim against them.

Consultation With a Construction Accident Attorney

Navigating the legal landscape following a construction accident can be complex. Seeking the counsel of our experienced construction accident attorneys at David Sanchez Law Group, PLLC, is a wise step. Working with an attorney is helpful because:

• Case assessment: An experienced attorney will conduct a thorough assessment of your case. They will consider factors such as the circumstances of the accident, safety regulations, and any potential negligence by involved parties.
• Identification of liable parties: Pinpointing the responsible parties is essential for building a strong case. A construction accident attorney can identify all liable parties, be it subcontractors, equipment manufacturers, or property owners.
• Guiding you through legal procedures: Legal procedures can be daunting, especially for someone unfamiliar with the nitty-gritty of construction accident law. An attorney can guide you through the process and ensure you meet all necessary deadlines and requirements.
• Negotiation and advocacy: A skilled attorney can negotiate with insurance companies and legal representatives of the opposing parties. Their advocacy on your behalf aims to compensate you for your injuries and losses.

Understanding the Statute of Limitations

Texas has a statute of limitations that dictates the time within which you must file a personal injury claim. You typically have two years from the date of the accident to start legal proceedings. Not adhering to this timeframe may result in the forfeiture of your right to seek compensation. Understanding and abiding by the statute of limitations is vital when considering your legal options.

Preserving evidence is also crucial if you are considering legal action. Your attorney may need access to the accident site, equipment involved, and documentation related to the construction project. Timely preservation of evidence strengthens your case, making it crucial to act promptly after the accident.

Get the Help You Need Today

Knowing your legal options is paramount in the aftermath of a construction accident. Whether pursuing workers’ compensation benefits, exploring third-party liability claims, or seeking guidance from a construction accident attorney, each avenue has its challenges. The David Sanchez Law Group, PLLC, is dedicated to assisting injured construction workers in Texas, ensuring they are aware of their legal rights and helping them pursue the compensation they deserve. Schedule your appointment with us today.