Legal Options for Construction Site Accident Injuries
If you’ve been injured in a construction site accident, you’re likely dealing with not just physical pain, but also mounting medical bills, lost wages, and uncertainty about your future. We understand how overwhelming it can be to try to keep your life going while also prioritizing your case and recovery, and want you to know that you have multiple legal options available to protect your rights and secure your future including:
- Workers’ compensation claims, which may cover medical expenses and lost wages
- Filing a personal injury lawsuit against your employer
- Third-party liability claims against equipment manufacturers, subcontractors, or property owners
- OSHA violation claims if safety regulations were not followed
Don’t risk missing out on crucial compensation or accepting a settlement that’s less than you deserve — contact a construction accident lawyer in Houston from Grimes & Fertitta today by calling 713-224-7644 or contact us online for a free consultation to discuss your case.
1. File a workers’ compensation claim
After a construction site injury, your first step should be reporting your injury to your employer, and possibly filing a workers’ compensation claim. The workers’ compensation process begins with reporting your injury to your employer and seeking medical attention. Even if your injury seems minor, you’ll want to document everything — from the initial scaffold accident in Houston to every follow-up appointment.
This system is designed to provide immediate assistance regardless of who was at fault for your accident. A successful claim can cover your ongoing medical treatments and rehabilitation costs, and provide regular payments to replace your lost wages while you recover. You should still talk to a lawyer before you accept any settlement, as your employer’s insurance company may try to minimize your benefits or dispute your claim. Having experienced legal representation can make a significant difference in the benefits you receive.
Be careful when accepting any form of workers’ compensation settlement. Although accepting workers’ compensation can mean a shorter wait for your compensation, workers’ compensation settlements often undervalue what you deserve, and once you accept a settlement offer from your employer you cannot seek further compensation.
2. File a personal injury lawsuit against your employer
Some construction site accidents may warrant filing a personal injury lawsuit against your employer themselves. If your employer or someone working for your employer contributed to your accident with their negligent behavior, you’ll likely want to pursue a civil suit against them instead of accepting a workers’ compensation claim.
To file a successful personal injury claim against your employer, you must demonstrate that their negligence — whether in the form of failing to maintain safe working conditions, inadequate training, or ignoring safety regulations — directly contributed to your injury. Unlike workers’ compensation, personal injury lawsuits allow you to seek damages for pain and suffering, emotional distress, and other damages that become more essential the more severe your injuries.
Can you sue for construction accident injuries in Texas?
Yes, you can sue for construction accident injuries in Texas if your case meets certain criteria. One situation in which you will always want to sue for your construction accident injuries is when your employer doesn’t carry workers’ comp insurance. Texas is unique in that it doesn’t require all employers to carry workers’ compensation insurance — if your employer is a “non-subscriber,” you’ll need to sue them directly for negligence.
It’s not just non-subscribers, however, that warrant lawsuits; sometimes workers’ compensation just doesn’t cover the true costs of your injuries. In these situations, although it may be the last thing you want to do, it is in your best interests to find an attorney and sue.
Construction site accidents involving catastrophic injuries such as brain trauma, spinal cord damage, or severe burns may particularly warrant lawsuits, as these cases often require substantial compensation for long-term care and lost earning capacity.
Learn more: How much is the average settlement for a back injury
3. Pursue claims against third parties
You may not have a case against your employer directly, or you might have accepted workers’ compensation which won’t cover all your losses, especially in cases of catastrophic injury. A third-party liability claim allows you to seek additional compensation from other parties who may share responsibility for your accident. This could include equipment manufacturers who produced defective machinery, subcontractors who created unsafe conditions, or property owners who failed to maintain safe premises.
Construction accident settlements in third-party cases often result in larger compensation amounts than workers’ compensation alone, as they can include damages for pain and suffering, emotional distress, and long-term disability.
However, these cases require thorough investigation and evidence gathering to prove negligence. Our firm will work to identify all responsible parties and build a strong case while you focus on recovery.
4. Report safety violations to OSHA
While OSHA themselves will not be compensating you for your injuries, if your construction site injury claim involves safety violations, reporting those violations is absolutely necessary — not only for your case, but for preventing future accidents. Common construction site accident examples include:
- Lack of fall protection
- Improper scaffold construction
- Inadequate safety training
- Being struck by falling objects or debris
- Equipment and machinery accidents
- Electrical accidents and electrocutions
- Trench or excavation collapses
- Building or structure collapses
After receiving your OSHA complaint, investigators will examine the construction site and document any violations. Their findings can significantly strengthen your case by providing official documentation of safety failures. Our attorneys will use these investigations, along with our own evidence gathering, to demonstrate how safety violations contributed to your injuries and why you deserve maximum compensation.
How long after an accident can you make a claim?
When pursuing compensation for a construction site injury, timing is critical. In Texas, there are strict deadlines you must follow to protect your legal rights. For workers’ compensation claims, you must report your injury to your employer within 30 days of the accident or when you first noticed your injury or illness. You then have one year from the date of injury to file a formal claim with the Texas Division of Workers’ Compensation.
For personal injury lawsuits, Texas law generally allows a two-year statute of limitations from the date of your accident. This means if you don’t file your lawsuit within two years, you may lose your right to pursue compensation entirely. However, certain circumstances might extend or shorten these deadlines, which is why you should consult with a top personal injury lawyer in Houston as soon as possible after your injury to ensure no deadlines are missed.
Injured in a construction accident? You need Grimes & Fertitta.
When you’re dealing with construction site accident injuries, having experienced legal representation can make the difference between receiving the full compensation you deserve and settling for less than you need.
At Grimes & Fertitta, we have a proven track record of successfully handling complex accident cases, and we’re ready to put our experience to work for you. Our dedicated team will investigate your accident, gather crucial evidence, handle all paperwork and deadlines, and aggressively negotiate with insurance companies on your behalf — all while you focus on your recovery.
Don’t wait to protect your rights. Contact Grimes & Fertitta today at 713-224-7644 or contact us online for a free consultation. We’ll evaluate your case, explain your options, and help you take the first step toward securing the compensation you deserve.
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