Construction sites in Texas are inherently dangerous places. In an attempt to minimize workplace injuries and deaths in the industry, government agencies have extensive regulations in place to protect workers and prevent accidents, including fall prevention devices, safety gear, and other protocols and best practices.
Still, more construction workers die on the job each year than in any other industry. In general, victims are working at the time of the accident. In these cases, they may have access to workers’ compensation to pay for their work injuries. Other injury victims—either visitors or those without access to workers’ compensation—may be able to file a third-party liability claim to cover their damages. A construction accident lawyer in Houston can help you determine if you qualify for compensation.
At D. Miller & Associates, PLLC, we offer free case evaluations and can help you understand your options for collecting the money you need after a construction accident. Call us today at 713-850-8600 for a complimentary case review with a member of our Houston personal injury team, and let us help you fight for the compensation you deserve.
Options for Getting Compensation for Your Injuries
There are some factors that come into play when trying to sort through your legal option after a construction site injury. The most important include:
- If you were working when the injury occurred;
- If you work on the construction site or were visiting for another purpose;
- How the injuries occurred;
- Who caused the accident and your injuries; and
- The relationship you have with the party who is liable for your injuries.
When we meet, we will take a look at the specific details of your case and explain your options based on these factors. In general, most people who have a valid case have one of two options:
- Filing for workers’ compensation; or
- Pursuing a third-party personal injury insurance claim or lawsuit.
Understanding Workers’ Compensation Benefits After a Houston Construction Accident
Texas labor regulations do not require employers to provide workers’ compensation benefits to employees. However, the state does offer a voluntary program employers can participate in. To get the benefits offered through the state workers’ compensation program, you must:
- Work for a company that participates in the program;
- Be an employee of the participating business, as opposed to a volunteer or an independent contractor; and
- Suffer the injury on the clock while completing job-related tasks, while at work, or because of something you came into contact with on the job.
In general, workers’ compensation offers:
- Income benefits;
- Medical benefits; and
- Death and burial benefits.
Instead of the state workers’ compensation program, some employers choose to offer alternative coverage through an Occupational Accident Insurance policy. This type of insurance coverage typically offers many of the same benefits as workers’ compensation, although the process to file a claim and negotiate payment may be significantly different.
When you have your initial consultation with us, we will help you understand if you have coverage available through workers’ compensation or another insurance policy. We can also explain the claims process for your coverage, and help you fight for the benefits you deserve.
Pursuing Legal Action Against the Liable Party After a Construction Accident
When we review your case, we will also investigate whether you have the option to pursue further legal action to recover compensation. In some cases, you might be eligible to file a third-party liability insurance claim or sue your employer. If your company does not participate in the state workers’ compensation plan or offer other coverage for your financial and medical needs after an on-the-job accident, these may be options we can pursue.
We can help you understand why your injuries occurred and who is legally responsible for them. All too often, we find that your injuries were entirely preventable, but your employer failed to take the required action to prevent them. For example, if management failed to provide adequate fall protection equipment, we may be able to hold the company liable for your fall injuries.
We will collect the evidence we need to fight for the fair compensation you deserve. We will attempt to recover your damages by filing an insurance claim and negotiating a fair settlement. However, if your employer or another liable party refuses to offer a settlement that covers your damages, we are not afraid to file a personal injury lawsuit in civil court.
Some of the damages that may be available through a successful third-party claim include:
- Medical treatment expenses;
- Ongoing and future care costs for catastrophic injuries;
- Lost wages, including future lost income if you cannot return to work;
- Lost benefits and retirement if you cannot return to work;
- Out-of-pocket costs;
- Attorney’s fees and other legal expenses;
- Pain and suffering damages; and
- Wrongful death, if your family member died in a fatal construction accident.
Common Construction Accident Injuries
According to data from the Occupational Safety and Health Administration (OSHA), the top causes of death for construction workers, known as the Fatal Four, include:
- Falls from a height;
- Being hit by a falling object, or struck by other objects;
- Electrocution; and
- Being caught in or caught between two objects.
Between 2003 and 2014, the Fatal Four caused almost two-thirds of all construction site deaths. They also led to a significant number of injuries year after year, including broken bones, traumatic brain injuries, spinal cord injuries, and more. If you or an immediate family member suffered an injury in a construction accident, we could help you understand your options for getting the compensation you need and deserve.
Contact a Construction Accident Lawyer in Houston About Your Case.
The construction accident attorneys from D. Miller & Associates, PLLC, offer free case reviews and consultations. We can explain your options for compensation following a Houston construction site injury. No matter if you worked on the site, were visiting, or were merely walking by, we can help you understand the strength of your case and take you through the next steps to recovering the compensation you deserve.
Call us today at 713-850-8600 to set up a time to discuss your case. If we feel you have a valid third-party claim or if you need assistance recovering workers’ compensation benefits, we can help.