San Antonio Heavy Machinery Accident Lawyer

Heavy machinery can be dangerous, especially if it malfunctions or you do not have the training you need to use it safely. Depending on the situation, you may or may not be able to sue after an accident. A San Antonio heavy machinery accident lawyer can help you understand your options for moving forward. If you do have a solid case for a lawsuit, your construction accident attorney will make the best possible arguments on your behalf to help you get the compensation you deserve.

Can an Employee Sue After a Heavy Machinery Accident?

An injured employee can sometimes sue their employer or a third party. If a third party, such as an outside contractor or manufacturer, was responsible for the accident, the injured person can sue. For example, if an employer hires another company to perform maintenance services on its machinery and the company does not reinstall a safety guard correctly after service, the maintenance company would be liable for an injury the faulty guard caused. Injured employees can file third-party lawsuits regardless of whether their employers subscribe to workers’ compensation.

Texas allows employers to choose whether or not to participate in the state workers’ compensation system. If an employer subscribes to workers’ compensation, employees are not allowed to sue after an accident, even if the employer was at fault. Their only option for getting compensation is to file a workers’ compensation claim. If the employer has opted out of workers’ compensation, its employees can sue if they are injured. However, unlike in a workers’ comp claim, the injured worker needs to prove their employer was negligent. To be considered negligent, the employer needs to have a duty to act a certain way and cause an injury by failing to do so. For example, employers have a duty to provide appropriate training for employees who use heavy machinery. An attorney in San Antonio can determine whether a person is able to sue over a heavy machinery accident.

How Can a Lawyer Help With a Machinery Injury Case?

In a successful lawsuit, the injured person needs to prove that the other party caused their injuries because of negligence. This can be complicated. An attorney in San Antonio will gather evidence that can establish fault for a heavy machinery accident, such as maintenance records, reports from coworkers, and documentation of workplace safety procedures. This can reveal negligence like insufficient maintenance or lax safety policies. Most workplace injury cases settle before going to trial, but hiring an attorney is important even if the injured person never appears in court. Settlements often require multiple rounds of negotiation, which an attorney will handle on their client’s behalf. Since the attorney will have a better idea of how much compensation is reasonable and what counterarguments the other party might use, they will be able to negotiate more effectively than the client would on their own.

Discuss Your San Antonio Machinery Accident Case With an Attorney Now

Depending on your employer, you may need to file a lawsuit to get compensation after a machinery accident at work. A San Antonio heavy machinery accident lawyer will guide you through the process and help you get the best possible outcome. This can include holding your employer accountable and covering your medical bills, lost wages, and other expenses. Felix Gonzalez Accident and Injury Law Firm starts our process with a free consultation. Contact us to schedule yours today.