Some of the reasons why a construction accident case is different from most personal injury cases include:
- Construction accident injuries are often more severe.
- They involve different rules and regulations applying to the construction industry.
- Many different parties may be liable for the accident.
- Workers’ compensation coverage may not apply to these cases.
Working with a Dallas construction accident lawyer who handles these cases regularly can benefit your case in several ways. They will understand the differences in these cases and know how to develop an effective case strategy to get justice and compensation. Most provide free consultations for injured workers.
What Makes Construction Accident Cases Different?
Both construction accident injuries and other types of personal injuries occur because of negligence, and the recoverable damages may be the same. However, these cases have several differences.
Construction Accident Injuries Are Often More Serious
According to the National Safety Council, the construction industry is among the most dangerous. Workers and visitors to construction sites may be more likely to suffer catastrophic or fatal injuries. Some common causes of severe and deadly injuries in construction include:
- Falls from elevated heights
- Crush incidents
- Heavy machinery accidents
- Forklift accidents
- Exposure to toxins
- Burns
- Electrocution
The Construction Industry Has Additional Rules and Regulations
Construction site owners are responsible for keeping their properties safe for workers and visitors, which is a tall order in such a dangerous industry. Property owners, construction companies, and general contractors must take additional steps to follow all safety rules and regulations in this industry. When they fail to do so, they might be liable for injuries that occur.
Multiple Parties Work Close Together on Construction Sites
Liability can be more difficult to establish in construction accidents than other types of personal injury cases. This is because multiple parties work closely together on construction projects. With so many contractors and subcontractors, accidents can happen in many ways.
The liable parties could include the property owner, a construction company overseeing the work, a contractor or subcontractor, an equipment manufacturer, or another company with on-site workers, such as a supplier.
Some Texas Construction Workers Do Not Have Workers’ Compensation
According to the Texas Department of Insurance, most private employers are not required to have workers’ compensation in Texas. Additionally, many workers on a construction site are independent contractors or subcontractors who do not subscribe to workers’ compensation either.
This means many construction workers lack some of the safeguards available in other types of workplace injury cases. Instead, filing a construction accident lawsuit against the liable parties may be your only option to recover a fair settlement for your medical bills, lost wages, and pain and suffering after a workplace accident.
Texas Has Complex Laws Applying to Construction Accident Injuries
The laws that govern a Texas construction accident are not the same as in other premises liability cases. Many of them do overlap, but there are differences. This can make a construction accident injury case more complex. The best way to ensure you understand these differences and manage your case properly is to work with a personal injury lawyer familiar with the applicable laws and regulations.
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Benefits of Working With a Texas Construction Accident Lawyer
The primary differences between construction site accident cases and other types of personal injury claims lie in the different laws, regulations, and rules governing work on a construction site. A construction accident lawyer knows how to navigate the claims process, identify the liable party or parties, and build a compelling injury case.
The process of investigating the accident and developing a case is similar to other types of personal injury claims. However, there are nuanced differences that alter the way construction accident cases work. It is not wise to try to handle this type of settlement negotiation or litigation without a personal injury attorney on your side.
Working with a construction accident attorney lets you continue your treatment and rehabilitation without worrying about understanding all the legal complexities involved or dedicating time and money you may not have. Your lawyer will investigate, gather solid evidence, document your damages, value your case, and aggressively pursue a fair payout while you heal.
Recovering Damages With Help From a Construction Accident Lawyer
Unfortunately, many injured construction workers suffer catastrophic injuries and require ongoing care and support. Some cannot return to their jobs and could require around-the-clock care for traumatic brain injuries, spinal cord injuries, traumatic amputations, burns, or other lasting impairments.
Recovering fair compensation for these victims’ current and future needs is crucial. Some common types of recoverable economic and non-economic damages include:
- Medical expenses
- Lost income
- Reduced earning ability
- Other related costs
- Pain and suffering damages
If you lost a loved one in a construction site accident, wrongful death damages may be available under Texas Civil Practice and Remedies Code § 71.002. This law allows spouses, children, and parents of fatally injured victims to pursue compensation through a wrongful death action.
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How Soon Should I Call a Construction Accident Lawyer About My Injuries?
Texas Civil Practice and Remedies Code § 16.003 generally gives accident victims and families that have lost loved ones up to two years to sue the liable parties. However, you do not want to wait until the deadline looms before discussing your legal options and case strategy with a construction accident attorney.
We encourage victims to seek legal representation as soon as possible after an accident occurs because:
- A lawyer can protect your right to fair compensation.
- Some evidence is time sensitive.
- The potentially liable party may hold the bulk of the evidence, so it can take time to obtain.
- Additional deadlines may exist in some construction accident cases.
- Your attorney can protect you from a lowball offer from the insurance company.
- You need to be aware of insurance company tactics that could reduce your payout.
- You can focus on healing while your lawyer handles the rest.
Discuss Your Construction Accident Injuries With Our Team for Free
Loncar Lyon Jenkins provides free case consultations for injured parties or those who have lost a loved one. If you suffered injuries, a Dallas construction accident lawyer can help you understand your legal options and seek compensation through a personal injury lawsuit, if possible. Call in the Strong Arm.
Contact our legal team now to get started with a free case review.