Construction Accident Lawyer
Many state and federal regulations have been implemented to ensure that a construction site is safe. Unfortunately, construction accidents remain too common in Houston and throughout the country. Each year, thousands of innocent passersby and construction workers are killed and injured in this type of accident, all over the country. These accidents have the potential to lead to life-altering, devastating injuries. A victim must be able to access the maximum compensation so they can provide financial support to their family and pay off the mounting medical bills. Unfortunately, receiving compensation through the state’s workers’ compensation program or private insurance can be very challenging, especially if you try to go through this process alone. If you’ve been injured in a construction accident, then you need to contact a construction accident lawyer Houston.
At the Ben Dominguez Law Firm, our Houston construction accident lawyers are strong advocates for victims of construction accidents. Our firm has experience in fighting for the interests and rights of clients who have been severely injured. If you have been injured in a construction accident, you need to take immediate action.
Types of Construction Accidents
These days, construction sites are very complex. An accident can come in a wide variety of forms and can involve many different parties. At a construction site, several things are going on at once. There can be hazardous materials or potentially dangerous equipment being used all over the site. If safety precautions are not being followed by the worksite manager or construction company, a serious injury can occur.
Some of the most common construction accidents include:
- Welding accidents
- Chemical exposure
- Excavation and trenching accidents
- Slip and fall accidents
- Mechanical risks
- Dangerous and defective machinery accidents
- Compressed gas accidents
- Nail gun accidents
- Falling object accidents
- Scaffolding accidents
- Crane accidents
- Transportation accidents
There’s no such thing as a typical construction site injury. Since these accidents come in a wide range of forms, they can produce many different types of injuries. Injuries sustained in a construction site accident can vary, both in their severity and type. Some examples of injuries that a Houston construction accident lawyer can assist plaintiffs with include:
- Exposure to toxic chemicals
- Neck and back injuries
- Spinal cord injuries
- Broken bones
- Deep lacerations
Construction accidents can also result in fatalities. From trench collapses and explosions to falls and vehicle collisions, many different types of accidents on a construction site have the potential to be deadly. In these cases, a close family member of the victim may be eligible to file a wrongful death suit or they may be qualified to receive death benefits through the Texas workers’ comp program. These can be very complex cases. If you are going through this type of tragic circumstance, you must speak with qualified construction accident lawyers.
Workers’ Comp Claims
The construction worker’s sole claim against an employer will be brought under the Texas workers’ compensation statute. Texas is the only state that allows most employers to opt out of the workers’ compensation system. If an employer chooses not to participate in the workers’ comp system, they will offer their employees alternative benefit plans.
Employers who do participate will have no-fault insurance coverage. This means, even if the accident victim was partially to blame for the accident, they may still be able to receive benefits.
When filling out an accident claim through workers’ comp the injured worker will not be required to prove who is at fault for their accident, or that their employer did something wrong, in order to receive benefits. If the company does not have this type of insurance, then the employee may need to file a suit against the company.
While workers’ compensation provides coverage for permanent disability, lost wages, and medical expenses, it’s not always sufficient to compensate an injured victim for the full value of all damages. However, an injured worker can bring a lawsuit against parties other than their employer, if those parties contributed to their accident. This means that a manufacturer, subcontractor, or contractor can be held liable for an injured employee’s damages. In third-party liability lawsuits, the injured employee must prove fault to recover compensation.
Non-Worker Personal Injury Claims
There are also cases in which a non-worker is injured in a construction accident. This can occur in many different circumstances, from a victim in an adjacent building being injured by an explosion to an innocent passerby getting hit by a falling object when walking by a construction site.
When this happens, the non-worker victim has the right to file a personal injury lawsuit against the construction company. The injured victim must prove that the defendant’s negligent actions contributed to the accident. With the representation of an experienced Houston construction accident attorney, a victim may be able to recover monetary compensation for injury-related expenses.
Liability in Construction Accidents
Many different parties can be held liable for a construction accident. This is because modern day sites are very complicated. Often, many different companies are involved in this type of operation. When accidents occur, it can be the fault of a single manufacturer or contractor, or liability can be split multiple ways among many different companies.
These parties can include:
Owner of the Construction Site
The liability of the landowner will depend on the level of control she or he had over the construction site. The property owner may not be considered the legal owner of the land if she or he handed control of the property over to the contractor during construction.
In this case, the possessor of the land will be held liable for any type of accident that results in the injury or death of a person invited to the property. The possessor of the land has an obligation to ensure the visitor’s safety and inform them of any known dangers on the property.
Contractors are obligated to ensure the safety of their workers on the construction site. The property should be reasonably safe, and the contractor has a legal responsibility to warn employees and visitors of any defects or hazards that may be present.
They are also responsible for hiring able and competent employees and must ensure that all of the work performed complies with safety regulations.
Prime contractors are only responsible for the work that’s outlined in their prime contract. A prime contractor is also responsible for the work they delegate to a sub-contractor including work quality and payment. Should an accident occur during the work that’s overseen by the prime contractor, they can be held liable.
Design professionals, such as an engineer or architect, are responsible for ensuring that a building or project is practical and safe. The responsibility for this position is often outlined in the design professional’s contract and may include ensuring the construction site and project meet safety codes.
Design professionals are obligated to uphold certain standards during a site’s design. They can be held liable if an injury or accident is caused by failing to meet these standards.
Manufacturers of Equipment or Machinery
If a dangerous design or defective part in a piece of equipment or a machine causes an injury or accident, the manufacturer can be held liable.
Why You Need to Hire a Construction Accident Lawyer
The many complexities that surround accident liability can be overwhelming and confusing to a person who isn’t familiar with each party’s responsibilities. A site owner or insurance company can take advantage of this and make a lowball settlement offer or deny compensation.
This is where hiring a lawyer who understands complex insurance policies and has experience in the legalities that surround the industry is imperative to being compensated properly.
Compensation for Construction Site Accident Victims
If you have been injured in a construction accident and you’re considering bringing a workers’ compensation claim, then you must have a basic understanding of how the process works. In this type of case, fault isn’t a material issue. You won’t need to prove that your employer or another party, did anything reckless or improper to cause the accident. Instead, you’ll need to prove the extent of your damages and injuries. If the employer does not participate in the workers’ compensation system, then the employee may be up against the company’s private insurance company, in which case, they will need to prove that their injuries were caused due to negligence.
Damages available can include:
When an employer participates in workers’ compensation, insurers are required to pay for all medical treatment that’s reasonably required to relieve or cure the adverse effects of the medical condition or injury. This can include medical equipment, medical devices, medication costs, trips to specialists or doctors, surgeries, and emergency room care.
Workers’ compensation also provides benefits for any lost wages. This is referred to as temporary disability benefits. If the injured party’s physician says that the employee is not able to return to work because of their medical condition, compensation should be made available for two-thirds of the employee’s weekly wage prior to the accident. There is a minimum and maximum benefit that will be slightly adjusted every year based on inflation. If the employee can work on a limited schedule, partial temporary benefits can be awarded.
An injured construction worker can also seek workers’ compensation benefits for permanent disability if the injured employee sustained a permanent impairment as a result of the accident. In this type of case, it’s crucial that the accident victim contacts an experienced Houston construction accident attorney. When handling permanent disability claims, insurers are often aggressive. The accident victim needs legal representation who can help them receive maximum compensation.
Construction Accident Lawsuit
If you’ve been injured in a construction accident that was due to the negligence of a company other than your employer, then you need to speak with an attorney about filing a third-party liability claim. Even if you’re eligible for workers’ comp benefits, it’s in your best interest to bring a lawsuit against the third-party company responsible.
You may be eligible to recover damages for the following:
- Wrongful death
- Long-term disability
- Mental distress
- Pain and suffering
- Diminished earning capacity
- Lost wages
- Emergency room care
- Physical rehab
- Medical equipment
- Ambulance fees
- Disfigurement or scarring
It’s worth noting, workers’ compensation makes it basically impossible to get fair financial relief for noneconomic damages including disfigurement and pain and suffering. If you have suffered a significant amount of pain as the result of an accident, or if you sustained an injury that was disfiguring, you must speak with an experienced Houston construction accident attorney who will help you explore all of the legal options available.
How Houston Construction Accident Attorneys Can Help
At the Ben Dominguez Law Firm, our Houston construction accident attorneys are committed to providing accident victims and their families with the very best legal representation possible. We have an undisputed track record of success. We know how important it is to ensure that our clients obtain maximum compensation.
When you work with our firm, our attorneys will:
- Review your accident claim
- Listen to your side of the story
- Answer any questions you may have
- Help you to understand your options and your rights
- Thoroughly investigate your case, assembling and gathering all relevant evidence
- Work with physicians and other medical experts to ensure that you receive the bet medical treatment possible and that your medical damages are documented properly
- Take action to identify all parties that should be held liable
- Negotiate with insurance companies and defendants
- Take your case to court to ensure that you receive fair financial compensation
Contact the Leading Houston Construction Accident Lawyers Today
The construction accident attorneys at the Ben Dominguez Law Firm have extensive experience handling all types of construction accident claims. If you have been injured in a construction accident in Houston, you need professional legal representation. The Ben Dominguez Law Firm has dedicated construction accident lawyers that understand the legal complexities of these cases and will use their resources, skills, and knowledge to ensure you receive maximum compensation. Contact our office today to learn more and schedule a consultation.
Ben Dominguez Law Firm4899 Montrose Blvd, #1512, Houston, Texas 77006