Contractor Negligence in San Antonio Injury Claims
Contractors must act responsibly and protect the lives of those working under them. When negligence causes accidents and people suffer harm, those responsible may be financially liable for the damages. They have a duty of care, meaning they must be prudent to ensure their carelessness does not result in bodily injury to others.
Winning an award for damages requires building a case that proves a contractor breached their legal obligations and that you suffered harm as a result. Call a hard-working attorney experienced in handling civil lawsuits that require proving contractor negligence in San Antonio injury claims.
What Is Considered Negligence?
Contractor or construction company negligence refers to any action or lack of action that constitutes a failure to uphold the minimum standard of duty of care. Some examples of negligence include:
- Failing to provide safe working environments
- Inadequate supervision
- Lack of communication between managers and workers
- Failure to provide employees with the necessary safety equipment
- Neglecting to ensure all heavy equipment receives regular maintenance and is safe for use at all times
- Poor instruction and training for all or some employees
- Lack of authority or licensing from the state or locality
- Hiring inexperienced subcontractors to handle hazardous work
State law does not require all employers to offer state-sponsored workers’ compensation insurance. If they opt out, injured employees have the right to initiate legal action to hold them accountable in civil court. An attorney experienced in ensuring careless contractors provide compensation in San Antonio injury claims can give more specific advice and guidance during the consultation.
Degree of Control
The degree of control is a legal standard that state courts use in civil lawsuits to determine whether the general contractor is liable for the damages suffered by construction workers and related personnel. Under the Texas Labor Code, cases resulting from negligence during the construction or improvements of real estate must meet specific guidelines to establish liability and obtain a settlement. The primary factor is whether the contractor in question controls the means and methods used by employees to perform their duties.
That includes how the contractor completes the work, the level of supervision, and whether the employee has restrictions from work they completed with other companies. Proving liability to win an award for damages requires showing that the defendant has a sufficient degree of control over the tasks the plaintiff was undertaking.
Furthermore, the suit must demonstrate that the contractor’s level of authority and control contributed to the injuries. A lawyer skilled in handling San Antonio personal injury cases addressing negligent contractors can review the specifics to determine if there is cause for action and investigate to gather the crucial evidence needed to obtain compensation.
The Control Test
The control test is a method used to evaluate whether the general contractor’s involvement goes beyond project oversight. Control means their job duties relate specifically to the details of work and the methods used to complete projects. Two primary systems aim to make the determination.
Contractual control exists if the contract signed by the general contractor indicates that they share responsibility for safety protocols and the methods construction workers use. The second method, actual control, involves determining how much time the contractor spends working on site, providing instruction on how to use equipment, approving practices, and directly supervising tasks.
Speak to a Skilled Attorney About Contractor Misconduct Injury Petitions in San Antonio
Establishing fault in a civil lawsuit against a contractor requires gathering the essential evidence and building a claim that proves a breach of duty of care. It must also show that the violation directly caused or played a part in the injuries you sustained. The potential damages include medical bills, lost wages and earning potential, as well as physical pain and suffering.
If you suffered harm because of negligence while at work, you may be eligible for compensation. Meet with a practiced lawyer experienced in handling cases involving contractor negligence in San Antonio injury claims to learn more.
