Construction accidents are, unfortunately, all too common. They also carry a high risk for catastrophic and traumatic injuries, given the dangerous heavy machinery frequently found on work sites.
Construction accidents can also be difficult for reasons outside the physical injury. In many cases, the injuries a person sustains may prevent them from working for an extended time period, causing a significant drop in income.
When someone else causes a construction accident that injures you, you deserve fair compensation for your injuries. A Five Points construction accident lawyer can help you manage your personal injury case so that you maximize your chances of getting back on your feet as soon as possible.
Most construction accidents happen to workers on-site as a part of their employment. Texas has enacted a workers’ compensation regime that covers many on-the-job injuries. For companies that have workers’ compensation insurance, the worker will make a claim and may receive a payment or payments meant to recover their medical costs and potentially some wages the injured person missed while injured. The employee does not need to prove fault in order to recover.
However, the trade-off is that the injured employee may not sue their employer—workers’ compensation is the only benefit to help them recover from their accident. The state does not require employers to have workers’ compensation insurance.
When an employer does not have workers’ compensation insurance, the employee may have to file an injury lawsuit in order to recover for their injuries. In one sense, this is harder on the employee because they now must prove their employer acted negligently, recklessly, or otherwise was at fault for the accident that caused the injury. On the other hand, an injury lawsuit has a wider array of potentially available damages, including punitive and compensation for pain and suffering.
For a person injured in a construction accident working for a non-subscriber employer, a Five Points attorney can investigate and manage a lawsuit and provide more information about the damages available in a specific case.
Even for injuries where the employer does subscribe to workers’ compensation insurance, someone other than the employer may have caused the accident and injuries. This is especially common in construction accidents where multiple groups are on a work site at one time.
Third parties, other than the injured person’s employer, who may be at fault for an accident at a construction site include:
Texas Labor Code § 417.001 allows an injured person to file a lawsuit against a third party and pursue a workers’ compensation claim against their employer at the same time. Although other laws, such as Texas Labor Code § 417.002, prevent an employee from using this right to recover twice for the same injury, it is still beneficial for a person injured on the job to pursue all avenues in order to try to maximize their recovery.
A lawyer in Five Points who has experience handling complicated construction accidents can investigate and analyze a particular case to see if a lawsuit against a third party may be possible.
When you have been hurt, you have enough on your plate with recovering from your injuries and getting back to work. Seeking compensation after a work site incident can be confusing. Let an attorney determine the legal options for your case. Call a Five Points construction accident lawyer to learn more about how they can help you get the recovery you deserve for your injuries.