People employed in the construction industry suffer among the highest rates of workplace injuries in the country. This includes situations that involve accidental harm and those that result in occupational illnesses. Fortunately, injured workers may be eligible to file lawsuits against their employers to receive payments for damages such as medical expenses and lost wages.
A San Antonio construction accident lawyer can review the facts of the case and advise you of your legal options. They can help to connect a medical condition to time spent on the job and file claims that demand full payments for an individual’s losses. Speak to a seasoned personal injury attorney to discuss your rights and legal options. En Español.
Performing work in the construction industry places employees at a constant risk of harm. Even the sites that use the best safety protocols can still be dangerous as the result of falling tools, slippery surfaces, and malfunctioning machinery. The best safety equipment cannot prevent every injury, and the simple fact is that construction site injuries are a constant threat.
Working long-term in the construction industry can also have a serious effect on a person’s health. The constant physical strain of lifting heavy loads, raising one’s hands over one’s shoulders, or staying on one’s knees can lead to degenerative joint diseases. Many construction sites also expose employees to toxic chemicals, known carcinogens, or aerosolized dust. This exposure can lead to lung, digestive system, or heart diseases that can leave workers permanently disabled. An experienced San Antonio construction accident attorney can help to investigate the cause of the worker’s medical conditions and to connect them to their work.
People who suffer harm as the result of doing their construction jobs are in a difficult legal position. Unlike in most other locations, companies in San Antonio and throughout the state are under no obligation to provide workers’ compensation insurance to their employees. But employees who suffer workplace injuries or illnesses can hold their employers directly responsible for their losses. Workers accomplish this by filing personal injury lawsuits in civil courts.
These lawsuits change the usual formula that plaintiffs use to claim damages. Unlike in most cases, a plaintiff does not need to prove that their employer was negligent in allowing the injury to occur. Additionally, Texas Labor Code §406.033 prohibits defendants from arguing that the employee’s negligence was the cause of the injury or that the employee accepted the risks involved in employment. The crux of the claim is demonstrating a plaintiff’s losses and how they are connected to the performance of job duties. A San Antonio construction accident attorney can help to make this vital connection.
Most construction sites are hives of activity, with workers from various trades and several different employers working on a project simultaneously. When a construction worker’s injury is caused by someone other than a fellow employee of the same company, the worker could bring a negligence claim against the responsible party.
An experienced construction attorney could review the circumstances of an injury to determine whether a third-party claim might be viable in a particular case. A construction worker could bring a third-party negligence claim when their injury is caused by:
Funds that a negligent party owes an injured person to compensate for their losses are called damages. A plaintiff must present proof to validate their losses in order to receive damages.
Economic damages are losses that have a fixed price or can be estimated with relative certainty. Examples include unreimbursed medical expenses and lost wages. If a plaintiff’s injury will require ongoing or future medical treatment, an expert could present their opinion about the likely cost of that care. Similarly, if the injury is so serious that the worker can no longer perform their job or cannot work at all, a knowledgeable trial lawyer could consult an expert to determine the amount the worker might have earned if they had not been injured.
Non-economic damages compensate losses that do not have a clear monetary value. Non-economic damages could include payments for mental anguish, diminished quality of life, physical pain, disability, disfigurement, and other losses the worker suffered because of their injury. The testimony of the worker, their family, their employer, and their close associates could help a worker prove the extent of their non-economic damages.
Workers’ compensation laws in San Antonio are very lax. With a few exceptions, employers do not need to provide a workers’ compensation policy to their employees. This means that non-covered employees must sue their employers in court to obtain compensation following a construction site injury.
A San Antonio construction accident lawyer can take the lead in pursuing these cases. They can work to evaluate the cause of an injury or illness and connect it to time spent on the job. They can then form demand packages that ask an employer or third-party defendant to provide payments necessary to cover medical bills, lost wages, and emotional traumas. Contact a San Antonio construction accident lawyer today to schedule a consultation.
By: Angela C.
Client Description: Thank you so much for taking care of my case for the long haul. Victoria, Teri and Mr. Andy Rodriguez are friendly and professional. I would not have gotten the care i did without any of them.
Rating: ★★★★★ 5 / 5 stars