Demolition accidents have dire consequences. People who survive often suffer severe, debilitating injuries that could alter their lives forever. If you sustained injuries in a demolition accident, you could be entitled to compensation.
However, construction accident liability is complex and depends on the specific facts of the case. Pursuing compensation through the legal system might not be possible in all cases. Sometimes workers’ compensation benefits are all that is available.
Even if you believe workers’ compensation is your only option, it is worthwhile to consult a legal professional. A savvy Temple demolition accident lawyer could advise you about your legal options and guide you through the process of holding the responsible parties accountable. Discuss your options with a seasoned construction accident attorney.
The hazards of demolition work are obvious. The presence of explosives, collapsing buildings, workers from several trades sharing a small space–it is no surprise that accidents happen.
Premature detonation and unexpected building collapse are primary causes of demolition injuries. Workers might suffer falls from scaffolding. Life-changing injuries are common in demolition accidents. Common demolition injuries include:
Many of these injuries could render a worker unable to continue employment in the construction industry. Some could be so severe that the injured person is no longer able to live independently or perform activities of daily living unassisted. A compassionate attorney could help someone living with a devastating injury to determine the full extent of their losses and pursue the responsible parties for compensation.
If the injured worker’s employer carries worker’s compensation insurance, the worker’s options might be limited. The workers’ compensation system provides employees who are injured on the job with medical care and partial wages while they are off work. In return, workers are usually precluded from seeking damages from their employers.
In some cases, however, a worker who suffered an injury in a demolition accident might be able to seek damages. There are several scenarios that could enable an injured employee to receive compensation from the responsible parties.
If a party other than the injured worker’s employer created the condition that led to the accident, the injured worker could bring a third-party action seeking damages from the negligent party. Damages could pay the portion of the employee’s wages that worker’s compensation does not pay and include sums for pain and suffering, physical impairment, disfigurement, and other consequences of the injury.
Texas Labor Law §406.002 makes workers’ compensation insurance optional for most employers. Many “non-subscribing” employers have private plans that they call workers’ compensation but are not part of the official program and do not offer employers immunity from liability. If the injured worker’s employer is a non-subscriber, the injured worker could bring a negligence suit against the employer.
Even when an employer has workers’ compensation insurance, an employee might be able to bring a negligence claim if their injury results from the intentional act of a fellow employee who has the authority to hire and fire. A knowledgeable injury lawyer could advise whether there is sufficient evidence to support a claim that a person with authority acted intentionally and without regard for the likelihood of worker injury.
Trying to recover from severe injuries is challenging for the injured person and their family, especially if full recovery is unlikely. Adjusting to a new normal requires perseverance and effective support. An experienced Temple demolition accident lawyer could provide the counsel, advice, and assistance a family needs to get through difficult times.
The law in Texas allows injured people only two years to bring a lawsuit seeking damages. The sooner a professional is able to begin compiling evidence the stronger the injured person’s negotiating position is likely to be. Put yourself in the best position by scheduling a consultation today.