Tunnel workers can be vulnerable to the same injuries other construction workers are with the added risk of lung problems that come from poor ventilation. Tunnel worker accidents in San Antonio can cause devastating injuries or illnesses and permanent disabilities. Figuring out how to get the compensation you need to pay your medical bills and other expenses can be a challenge. A construction accident attorney can help you navigate the process to get the best outcome possible.
In some situations, the injured San Antonio tunnel worker may need to prove that someone else was responsible for their accident to receive compensation. This is often the employer. To prove that an employer’s negligence caused an injury, the injured person would need to show that the employer failed to take reasonable safety precautions that would have prevented the tunnel accident. For example, if an employer does not provide appropriate safety equipment for the type of work being done, it would probably be liable for any accidents that equipment would have prevented. An employer could also be liable if it does not provide enough training for employees to use their machinery safely or if it approves an unreasonably short timeline for a project that encourages employees to skip safety procedures.
Sometimes, a third party is also legally responsible. For example, if an accident happens because of an equipment malfunction caused by a manufacturing defect, the manufacturer could be liable. In this case, the injured person does not need to prove that the manufacturer was negligent. However, they will need to prove that the defect happened during manufacturing rather than after leaving the factory and that the workers were using it as intended.
There are two ways to receive compensation for a San Antonio tunnel worker accident. If the employer is part of the state workers’ compensation system, the injured employee can receive benefits.
The other option, which is available if the employer has opted out of workers’ compensation or if a third party was responsible for the accident, is a personal injury lawsuit. In a settlement or court award, the injured person can receive compensation for their expenses as well as for intangible suffering like pain or emotional distress. In a lawsuit, the injured person does need to prove that the other party was liable for the accident, so the process is more complicated. However, the benefit is that the injured person has the potential to receive more compensation than they would have from workers’ compensation.
Getting compensation after tunnel worker accidents in San Antonio can require filing a lawsuit. Doing this on your own is difficult, so hiring a lawyer is an important next step if you have been injured in a tunnel accident. Your attorney will help you understand what to expect and increase your chances of a good outcome. Felix Gonzalez Accident and Injury Law Firm offers free consultations for potential clients. Contact us to schedule yours today.