In the fast-paced and physically demanding environment of a construction site, accidents are unfortunately all too common. As Texas injury attorneys, we know that workers who are injured on construction sites face significant challenges not only in terms of their recovery but also in understanding their legal rights.
Whether you're working as a construction laborer, tradesperson, or in another role on a construction site, it's crucial to understand your rights and the legal options available to you after an injury. Serving Kaufman, Texas, Harrell & Paulson is here to walk you through the legal processes.
Common Causes of Construction Site Injuries
Construction sites are inherently dangerous places. Between heavy machinery, heights, and hazardous materials, accidents are bound to occur.
Some of the most common causes of construction site injuries include:
Falls: Falls from heights, such as scaffolding, ladders, or roofs, are one of the leading causes of injuries on construction sites. Construction workers are often required to work at significant heights, and improper safety measures can result in serious falls.
Falling objects: Tools, equipment, or materials falling from overhead can cause significant injuries to workers below. These types of injuries are often the result of poor safety practices or lack of proper safeguards.
Electrical accidents: Electrical hazards, including electrocution, are another major cause of injuries on construction sites. Inadequate safety measures or faulty wiring can result in serious electrical injuries.
Vehicle and equipment accidents: Construction sites often use large machinery and vehicles. Injuries can occur when workers are struck by or caught in construction vehicles, or when machinery malfunctions.
Exposure to hazardous materials: Exposure to asbestos, chemicals, or other toxic substances is a significant risk on construction sites. In some cases, workers can develop long-term health problems due to exposure to hazardous materials.
Filing a Lawsuit After a Construction Site Injury
If you’re injured on a construction site in Texas and are considering a lawsuit, you will first need to establish negligence. Negligence means that the responsible party failed to exercise reasonable care, leading to your injury. This could be your employer, another contractor, or even a third-party manufacturer of equipment or materials.
To file a successful lawsuit, you will need to prove several key elements:
Duty of care: You must show that the party you’re suing has a duty to keep you safe. For example, your employer has a duty to provide a safe working environment and to make sure that equipment is properly maintained.
Breach of duty: Next, you must prove that the responsible party breached that duty. This could mean that your employer failed to maintain a safe worksite or that a third party provided faulty equipment.
Causation: You must show that the breach of duty directly caused your injury. For example, if you were injured due to faulty scaffolding, you would need to demonstrate that the scaffolding was improperly installed or maintained.
Damages: Finally, you will need to show that you suffered actual damages. This includes medical expenses, lost wages, pain and suffering, and any other losses that resulted from the injury.
As injury attorneys, we help our clients build a solid case by gathering evidence, interviewing witnesses, and working with professionals who can testify to the cause of the accident. The more evidence you have, the stronger your case will be.
Third-Party Liability in Construction Accidents
In some cases, the responsible party for a construction injury isn’t your employer. In these instances, third-party liability can provide an additional avenue for compensation. Third-party liability refers to the possibility of suing a party other than your employer, such as a subcontractor, equipment manufacturer, or property owner.
For example, if you were injured because of a malfunctioning piece of equipment, the manufacturer of that equipment could be held liable under product liability laws. If a subcontractor’s failure to adhere to safety regulations caused your injury, they could also be held responsible.
When pursuing a third-party liability claim, it's important to understand that these lawsuits are separate from any workers' compensation claims you may have filed. If your employer carries workers' compensation insurance, you may still be eligible for benefits while also pursuing a third-party claim for additional compensation.
The Statute of Limitations for Construction Site Injury Lawsuits in Texas
In Texas, the statute of limitations for personal injury lawsuits is generally two years from the date of the injury. This means that if you were injured on a construction site, you have two years to file a lawsuit in court. If you fail to take legal action within this time frame, you could lose your right to seek compensation for your injuries.
It's crucial to act quickly after a construction site injury, as the evidence needed to build a strong case may become harder to obtain as time passes. For example, witnesses' memories may fade, and the condition of the worksite may change. Some injuries may not manifest symptoms immediately, which could further complicate your case if you wait too long to pursue it.
As injury attorneys, we advise our clients to seek legal advice as soon as possible after an injury. By consulting with an attorney early, you can make sure that all deadlines are met, and your rights are protected throughout the legal process.
The Importance of Documenting Your Injury
One of the most important steps you can take after being injured on a construction site is to thoroughly document the incident and your injuries. This documentation will serve as critical evidence in your case and can significantly impact the outcome of your claim.
Here are five key steps to take:
Report the injury: Immediately report your injury to your supervisor or employer. Make sure that a written record of the injury is created, and request a copy of the report for your own records.
Seek medical attention: Even if your injuries seem minor, seek medical attention as soon as possible. Some injuries may not be immediately apparent, and a medical professional can help identify potential issues that may arise later. Keep a detailed record of all medical treatments and expenses.
Photographs and videos: If possible, take photographs or videos of the accident scene, any equipment involved, and the condition of the worksite. This evidence can be invaluable in proving that unsafe working conditions contributed to the injury.
Witness statements: If there were any witnesses to the accident, obtain their contact information and ask them to provide statements about what they saw. Witness testimony can support your version of events.
Preserve evidence: If you were injured due to defective equipment or a hazardous worksite, make sure that any relevant evidence is preserved. Don’t allow the equipment or other physical evidence to be discarded or altered.
Injuries on construction sites can be devastating, and the more evidence you have, the stronger your case will be. Injury attorneys are skilled at gathering and preserving evidence to support your claim and protect your rights.
What If My Employer Doesn’t Have Workers' Compensation?
For construction workers whose employers have opted out of workers' compensation coverage, the situation becomes more complicated. In these cases, the injured worker may be able to seek compensation for pain and suffering, lost wages, medical expenses, and other damages.
As injury attorneys, we often help our clients understand how to pursue a claim against an employer in these situations. If you are injured and your employer doesn’t have workers' compensation coverage, your next steps will likely involve filing a personal injury lawsuit.
This can involve proving that your employer was negligent in some way that caused or contributed to your accident. For example, a failure to maintain a safe work environment, failure to provide proper training, or inadequate equipment could be factors in a case like this.
In some instances, the responsible party may not even be your employer. Third-party liability is a concept that allows injured workers to seek compensation from other entities that may be at fault for the injury.
For example, if a defective product or equipment caused your injury, you could pursue a product liability claim against the manufacturer of that item. Similarly, if the actions of another contractor or subcontractor led to your injury, you may be able to hold them liable as well.
What Types of Damages Can You Seek?
If you’re injured on a construction site, you may be eligible for various types of damages, depending on the nature of your case. Common types of damages in personal injury cases include:
Medical expenses: This includes the cost of emergency treatment, hospital stays, surgeries, rehabilitation, and any future medical care you may need. It also covers the cost of prescription medications and medical devices, such as crutches or prosthetics.
Lost wages: If your injury causes you to miss work, you may be able to get compensation for lost wages. This includes any wages you would have earned during your recovery period, as well as any future earning capacity if your injury affects your ability to work long-term.
Pain and suffering: In personal injury lawsuits, you may be able to recover compensation for the physical pain and emotional distress caused by the injury. This includes both the immediate pain associated with the injury and any long-term suffering you experience as a result of the accident.
Disability and disfigurement: If your injury results in permanent disability or disfigurement, you may be able to fight for additional compensation. This can account for the lasting impact of the injury on your quality of life and ability to perform daily activities.
Punitive damages: In cases where the responsible party’s actions were particularly reckless or egregious, you may be awarded punitive damages. These are intended to punish the at-fault party and deter similar behavior in the future.
As injury attorneys, we carefully evaluate the specifics of your case to determine the full extent of damages you may be eligible for. We fight for you to receive compensation that fully accounts for your financial losses, pain and suffering, and other hardships caused by the injury.
Get in Touch With Our Firm
Whether you're covered by workers’ compensation or pursuing a personal injury lawsuit, you need experienced injury attorneys on your side to help you traverse the legal system. We serve clients in Kaufman, Forney, Terrell, and Rockwall. Contact our firm today.
