San Antonio Construction Accident Settlements
When construction workers suffer harm while on the job due to hazardous conditions, such as machinery malfunctions or trench collapses, they may have grounds for a claim for damages. Texas laws differ from those in most of the rest of the country, allowing all businesses, regardless of type, to opt out of participating in workers’ compensation insurance programs.
As this also means that they lose any protection from civil liability, you can sue the liable parties, which may be employers or other third-party companies. However, the suit must show that their negligence led to the accident. Meet with a skilled attorney today for more information about San Antonio construction accident settlements.
Who Is Legally Liable?
The individuals or companies liable, or sharing responsibility, in a construction accident settlement in San Antonio vary depending on the case specifics, as illustrated in the following examples.
Non-Subscriber Employers
If the employer’s actions were negligent, such as failing to provide a safe workplace, conduct safe recruitment, or provide adequate training, the injured person can file a case against them directly. Other examples include failure to enforce safety protocols or ensure all equipment and machinery are serviced and safe for use.
Supervisors and Managers
Supervisors and managers may be at fault if their actions or lack of action contribute to the accident and damages. These actions can include inadequate oversight, ignoring hazardous conditions, or failure to enforce safety rules.
Co-Workers
Co-workers, while not as common, can also share liability for accidents and resulting damages. For example, if they were intoxicated or failed to follow safety protocols, there may be cause for action against them.
Third Parties
Third parties or any other external entity related to the job, such as contractors, may also be liable for damages if they share fault. A seasoned lawyer with experience in handling construction accident cases can help determine fault and gather the evidence needed to win an award.
Modified Comparative Fault
State civil laws follow a modified comparative fault rule, which means that if the person seeking monetary damages shares some fault, they can still obtain a settlement for a construction accident in San Antonio. According to the instructions provided in the civil statute, specifically Texas Civil Practice and Remedies Code § 33.001, when the judge calculates the award, they subtract the relevant percentage of liability. However, if the jury finds the plaintiff more at fault than the defendant—over 50 percent—they will bar the plaintiff from collecting any compensation.
Deadline
The statute of limitations sets a strictly enforced deadline for filing personal injury cases against employers. This regulation requires that the injured worker commence legal action within two years of the date of the accident and resulting bodily harm.
Possible Damages in a Construction Accident Settlement
Workers seeking payment from an employer bear the burden of proof. Once this burden is satisfied, a construction accident settlement in San Antonio typically includes damages in two distinct categories. The first is economic damages, which covers easily verifiable financial losses, such as medical care, ongoing healthcare services, and lost wages.
The second category is non-economic damages, which covers injuries and losses that are more challenging to prove through documentation, such as pain and suffering, permanent disabilities, and emotional anguish. A payout after a construction accident may ensure future compliance with state regulations, as well as provide just compensation for injuries.
Contact a San Antonio Attorney Today To Discuss Your Construction Accident Settlement
Getting hurt while carrying out your on-site duties is stressful, and that is particularly true when your employer is a non-subscriber. However, opting out of providing the state insurance program to employees also waives their protections from civil liability and litigation.
You have every right to pursue monetary damages from the responsible party if reckless actions caused you harm. Call Felix Gonzalez Law today to schedule a consultation with a hard-working lawyer to learn more about San Antonio construction accident settlements and begin work on your case.
