Construction is a very dangerous job, and one of the most hazardous elements is the presence of machinery and heavy equipment. Accidents involving construction machinery can cause devastating injuries.
If you were hurt in an accident involving machinery, you could be concerned about paying your bills while you are out of work. You might have medical bills and other unexpected expenses to deal with. If someone else’s negligence caused the accident that led to your injury, you might be able to seek monetary damages to cover all your injury-related expenses.
To preserve all your rights, consult a San Antonio machinery accident lawyer as soon as possible after your accident. They could advise you about the legal remedies that might be available to help you prepare for the future.
Potentially dangerous equipment, machinery, and tools are everywhere on a construction site. Unless all workers are attentive and cautious and all supervisors strict about maintaining safety, accidents happen.
An experienced equipment accident lawyer represents workers who have suffered various injuries caused by machinery at job sites. Some of the most common severe equipment-related injuries include:
Injuries that are considered less serious could still keep a worker off the job for months or even forever. Neck hyperextension, injuries to the shoulder muscles, joint damage, and certain fractures could prevent a construction worker from ever resuming employment in the industry.
Some San Antonio employers participate in the workers’ compensation system. If so, their employee who was injured on the job cannot pursue a negligence action against the employer. However, if someone else’s negligence contributed to the accident, the worker could bring a third-party action against the negligent actor.
Since employers are not required to participate in the workers’ compensation program, many do not. When an employee who does not have access to workers’ compensation insurance suffers an injury due to the employer’s negligence, they could bring a lawsuit against the employer seeking damages. Some employers misrepresent their status in the workers’ compensation program to discourage workers from pursuing a lawsuit. A savvy attorney could confirm whether the employer was subscribed to the program when the worker’s injury occurred.
Regardless of whether it is a claim against an employer or a third party, the injured worker must prove that negligence led to the injury. The injured person must demonstrate that the defendant failed to use the caution a reasonable person would employ in similar circumstances. In addition, they must show that they suffered actual harm because of the defendant’s lack of caution.
Texas Civil Practice and Remedies Code §16.003 allows a plaintiff two years after their injury to file a lawsuit seeking damages. However, delay benefits the defendant and could weaken a plaintiff’s case. It is a smart move for an injured worker to seek legal counsel immediately after a machinery accident.
It is usually desirable to pursue a settlement out-of-court, and only go to trial if the defendant is intransigent and fails to make a reasonable settlement offer. Defendants often make low-ball offers and attempt to persuade an injured worker that their case is not worth more. An injured worker who has capable representation could take a strong negotiating position in the pre-trial discussions and receive a settlement offer that is fair and appropriate under the circumstances.
Recovering from a severe injury is hard enough without adding the stress of trying to get reasonable compensation for your losses. Allow a San Antonio machinery accident lawyer to take that burden off your shoulders.
Work with someone who will fight until you get the compensation you deserve. Schedule a case review today.