Construction injuries are generally much worse than ordinary slip and fall or auto accident cases. When heavy equipment, construction materials, undeveloped structures, and power tools are all in one place, it demands a much higher level of care and caution on the part of those who manage and oversee these sites.
When an innocent person is tragically injured on a construction site, Texas law gives the victim special rights to compensation. Unfortunately, insurance companies don’t always make it easy to get a fair shake. At Abrams Trial Law, we protect our clients and zealously advocate for each client in each case. Contact us to speak with an experienced construction injury lawyer in Dallas, TX today.
Who Can Be Held Liable?
In general, liability will depend on who actually caused the injury. More importantly, however, an injury victim needs to think about the potential sources of recovery. There may have been careless individuals involved-but the bigger question is who hired them, wo trained them, and who failed to supervise them. Those are the key individuals and companies ultimately liable for construction site injuries.
Likewise, your recover will largely depend on your role in the events. For instance, here are three basic scenarios and your respective options after each:
You Are an Injured Worker
If you are hurt on the job as a construction worker, you may have a right to compensation through the Texas workers’ compensation system. Of course, this assumes that your employer carries workers’ compensation.
Texas is one of the only states in the country where employer can opt out of workers’ compensation coverage. But there’s a catch. If the employer does have workers’ compensation insurance, you must file your claim through workers comp. If the employer does not have this insurance, you have a right to file a lawsuit for your injuries.
You Are an Injured Bystander or Visitor
If you are just an innocent member of the public or a vendor who is hurt coming onto a project or construction site for business or work purposes, then you may have a right to pursue compensation against:
The individual responsible
That individual’s employer
The site superintendent or general contractor
The premises owner (in certain cases)
You Are an Injured Worker Hurt by Someone Other Than Your Employer
One last scenario happens when you are hurt on the job, but the injuries were caused by someone other than you or your employer. Consider a situation where you are a plumber installing pipes in a building, and a worker who is employed by a different company fails to secure a scaffolding, which causes you to fall several stories and fracture your leg. In this situation, you may have a workers’ compensation claim with your employer’s insurance carrier, but you may also have a potential civil action against the negligent worker and their company as well.
Get Help with Complex Litigation
For complex and challenging construction injury cases in the Dallas-Fort Worth area, trust Abrams Trial Law. We can examine the evidence and perform a thorough, independent investigation to determine your options for seeking compensation. Contact us today to schedule a free, no-risk consultation with one of our attorneys.
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