Construction sites are inherently dangerous places. They often host many workers from different companies using power tools to accomplish a multitude of tasks simultaneously. Carelessness by just one of those people could create a hazard that might cause someone to slip or trip.
If you have fallen at a construction site and sustained injuries, you might be entitled to compensation. The laws around liability at construction sites are complex, and the availability of damages depends in part on your reason for being on the site and your relationship to the party who caused the accident.
Consulting with a Temple construction accident lawyer as soon as possible after an accident is a wise move. Once you have learned your options, you can make an informed decision about how to proceed. Reach out to learn about Temple construction site slip and fall accidents.
Someone who seeks damages after suffering a slip and fall injury must prove that someone else’s negligence created the condition that led to the accident. Negligence is a failure to exercise reasonable caution, putting others at risk.
Proving negligence requires an injured person to establish that the defendant had an obligation to the plaintiff, which they breached. The plaintiff also must demonstrate that the breach led to an accident that caused the plaintiff a documentable loss.
Determining whose breach led to a dangerous condition at a construction site could be complicated. There often are multiple potentially responsible parties in these types of accidents. A skilled construction accident attorney could investigate the circumstances to identify liable parties. Potential defendants might include the general contractor, independent contractors working on-site, the property manager, and others.
Damages are awards of money that compensate an injured person for their losses in an accident. When damages work as intended, they put an injured person in the same financial position they would have been in if the accident never happened. Plaintiffs must present proof of their damages. An experienced plaintiff’s attorney could advise an injured person about documenting all their injury-related expenses.
Out-of-pocket expenses made necessary by the injury are called economic damages. These include the cost of medical treatment and the value of time lost from work. If the injury will require ongoing treatment, damages could cover future medical expenses. Diminished earning potential could be a part of a damages award if the injury will prevent the plaintiff from returning to their job.
Plaintiffs also are entitled to damages for their subjective losses, called non-economic damages. Texas Civil Practice and Remedies Code §14.001(12) allows a plaintiff to receive non-economic damages for their emotional anguish, physical pain, disfigurement, lost enjoyment of life, physical impairment, loss of consortium, and other harmful impacts on the plaintiff’s quality of life.
When a worker sustains an injury on a construction site, their right to recover damages depends on who caused the condition that led to their accident. If a fellow employee of the same company was at fault, the worker probably can only seek benefits through workers’ compensation, if their employer subscribes.
Texas does not mandate that employers participate in the workers’ compensation program, and many employers are non-subscribers. Some of these companies offer private benefits to injured workers, but the private plans do not offer the employers immunity from liability. A worker who was injured due to their non-subscribing employer’s negligence could bring a claim seeking damages. A savvy accident attorney could evaluate whether the injured worker could bring a successful claim for damages.
Construction site slip and fall accident cases have a lot of moving parts, and a successful claim for damages requires the services of legal professional. Injured people who try to handle their claims without the assistance of experienced counsel often end up settling for less than their case is worth.
A local Temple construction site accident lawyer could explain your legal options and stand with you every step of the way until you get justice. It is important to act quickly, so schedule an appointment today.