Injuries are common at construction sites, so injury lawyers regularly represent workers in this field. Work sites are overflowing with dangers, like heavy machinery, high scaffolding, unstable trenches, falling debris, commercial vehicles, exposed wiring, flammable materials and slipping hazards. Workers should expect the job site to be safe, but every day, they have to maneuver around these risks and more. Most job sites are also maintained by several parties, including subcontractors, suppliers and independent professionals, so determining who is liable for an accident can be difficult. This can be further confused by Texas’ unusual workers’ compensation regulations.
CAN AN INJURED EMPLOYEE FILE A WORKERS’ COMPENSATION CLAIM FOLLOWING AN INJURY
Following an accident on a construction site, injury lawyers can help the victim file a workers’ compensation claim. If the employer is cooperative, this is normally easy enough to do. However, the shared liability at job sites and Texas’ workers’ compensation regulations can cloud this process.
Typically, the victim’s employer will be responsible for providing compensation following an accident, but a civil claim filed against others involved may be another option. For example, if the victim is hurt after falling off poorly built scaffolding, those responsible for erecting the scaffold may be held accountable.
Every state maintains a unique set of workers’ compensation regulations, and these can alter an injury suit against an employer. In nearly all states, employers must acquire workers’ compensation insurance to protect their employees in case of injury. This insurance provides employees with compensation for medical costs, lost time due to injury and additional restitution in the event of long-term disability.
However, in Texas, a company is not obligated to purchase insurance for their employees, leaving workers without compensation if they are hurt on the job. However, Texas regulations allow workers to file a civil claim of negligence against an employer under common law, which may produce a greater award for the victim. Negligence claims, though, require proof to win, so in the event of a construction injury, lawyers with experience in the field can be extremely valuable.
HOW CAN AN ATTORNEY HELP A VICTIM HURT ON A JOB SITE?
Knowledgeable injury attorneys can file a claim on the victim’s behalf, naming the parties involved in the suit. An attorney can also counsel the victim and help them determine the strength of their case. Once the suit is filed, an attorney can help investigate the accident and generate evidence on the victim’s behalf. During the settlement phase, an attorney can push for additional restitution and help secure a favorable result for their client.