Construction is a wide-reaching industry in the State of Texas, and much of the work that employees in this field provide is crucial to the state’s infrastructure and economic prosperity. Additionally, it can also be an uncommonly dangerous line of work, and injuries sustained through accidents on construction sites often have serious—and potentially fatal—consequences.
Depending on the circumstances under which you were injured and who you were employed by, there may be different ways in which a personal injury attorney in your community can help you seek restitution for job-related injuries and losses. A conversation with a Killeen construction accident lawyer can clarify the options available to you in your situation and set you on the right path towards financial recovery.
The actions taken after a construction accident can affect both physical recovery and a future legal claim. Seeking immediate medical care should always remain the top priority, even if injuries initially seem minor.
Important steps after a construction accident may include:
An injured person should also keep copies of medical records, accident reports, and work-related communications connected to the incident. Early documentation can help support a future construction injury claim.
Speaking with a construction accident lawyer in Killeen as soon as possible can also help preserve important evidence before it disappears. Construction sites change quickly, and surveillance footage, equipment records, and witness memories may become harder to obtain over time.
In many states, workers who are injured while on the job are almost always eligible to seek recovery through a system known as workers’ compensation. When available, this type of insurance provides employees with an easier means of recovering for accident-related expenses while also protecting employees from prolonged civil litigation.
However, while the Workers’ Compensation Act does establish such a system in Killeen, Texas is somewhat unique in that it does not compel employers to “subscribe” to workers’ compensation insurance. If an accident on a construction site stems from the negligence of a third party, or if a construction worker’s employer does not subscribe to workers’ compensation insurance, a third-party lawsuit may be the only means of recovering financially for their injuries and losses.
Unlike workers’ comp claims, which operate under a “no-fault” system, injured construction workers pursuing third-party claims must specifically prove negligence by the defendant in their case in order to recover compensation. Assistance from a Killeen construction accident attorney is often crucial to effectively gathering evidence of negligence and proving civil liability.
Construction sites contain heavy equipment, elevated work areas, power tools, electrical systems, and constantly changing conditions. Even a brief lapse in safety procedures can lead to serious injuries. A Killeen construction accident attorney can help an injured person determine whether negligence contributed to the accident and whether another party can be held financially responsible.
Common construction accidents include:
Many of these accidents happen because proper safety precautions were not followed. Unsafe work environments may involve inadequate training, defective equipment, missing guardrails, poor site supervision, or violations of federal safety regulations enforced by the Occupational Safety and Health Administration (OSHA).
Construction work often involves multiple companies operating on the same site. General contractors, subcontractors, property owners, and equipment suppliers may all play a role in maintaining safe conditions. When safety failures occur, severe injuries such as traumatic brain injuries, spinal cord damage, broken bones, and burns can result.
Fortunately, while obtaining a favorable verdict in a civil lawsuit can be trickier than recovering benefits through workers’ comp, a successful case could also result in significantly greater compensation for a wider variety of damages. In addition to economic damages such as medical expenses and lost income, a knowledgeable construction accident lawyer in Killeen may also be able to pursue restitution for non-economic damages like loss of consortium, effects of a permanent disability, and general pain and suffering through a third-party claim.
However, since this kind of claim falls within the purview of personal injury law, the typical statute of limitations for civil lawsuits in Texas applies. If an injured construction worker intends to file a third-party lawsuit for an accident on a Killeen worksite, they usually must do so within two years of when the accident occurred, as per Texas Civil Practices & Remedies Code §16.003.
Determining liability after a construction accident is not always simple. Unlike a standard workplace injury claim, some construction accidents involve third-party negligence. Depending on the circumstances, potentially liable parties may include:
A construction injury lawyer can investigate whether a company failed to maintain safe working conditions or violated safety regulations in Killeen. For example, a contractor may have ignored known hazards, or an equipment manufacturer may have supplied defective machinery that caused an accident.
Texas law allows injured individuals to pursue compensation against negligent third parties whose actions contributed to the accident. Liability investigations often require reviewing safety reports, witness statements, training records, maintenance logs, and accident scene evidence. Identifying all responsible parties can make a significant difference in the financial recovery available after a serious construction injury.
Construction accident cases are often complex because multiple companies and insurance carriers may become involved. An injury lawyer can help protect an injured person from unfair blame-shifting tactics and insurance company strategies designed to reduce payouts.
A construction accident attorney may assist by:
Serious construction injuries often create long-term financial and physical challenges. Medical expenses, lost income, rehabilitation costs, and reduced earning ability can place significant pressure on injured individuals and their families.
Felix Gonzalez Law understands how construction companies and insurers respond to injury claims. An injury lawyer can pursue compensation for damages such as medical bills, lost wages, pain and suffering, and long-term disability-related losses.
Working on a construction site can often be an inherently dangerous proposition, but that does not mean you cannot still seek recovery for injuries and losses you sustain while on the job. The specific method you must use to seek compensation for job-related damages can change depending on the circumstances of both your accident and your employment in general.
No matter what kind of case you need to pursue, a qualified Killeen construction accident lawyer can help you every step of the way through it. To set up a consultation and talk in detail about your claim, get in touch with a seasoned attorney today.
