After a construction accident you may:
- Seek workers’ compensation benefits
- Seek awards through a personal injury lawsuit
Which route you choose to pursue may depend on several factors, including the capacity you were operating in at the time of the accident. A lawyer may help you better understand what you can do if you were injured in a construction accident after obtaining the specific details.
Know When a Construction Accident Warrants Workers’ Compensation
The U.S. Department of Labor explains that those who suffer an on-the-job injury may be entitled to benefits through the Office of Workers’ Compensation Programs (OWCP). If you or a loved one were injured working in a construction setting, then benefits you may collect include:
- Compensation for wages you have lost or may lose while injured.
- Reimbursement for the cost of medical care required to diagnose and treat your on-the-job injury.
- Assistance with vocational rehabilitation, meaning that you may receive various forms of support if your injury proves to have lasting effects and you want to rejoin the workforce.
A lawyer may help you understand the process for applying for workers’ compensation benefits and may assist you as you seek such benefits. In other instances, a construction accident could call for you to bring a lawsuit against one or more responsible parties.
When a Construction-Related Injury Lawsuit May Be Necessary
It is important to note that, in the state of Texas, employers are not required to maintain any level of workers compensation insurance, according to the Texas Workforce Commission (TWC). As the TWC notes, this means that:
- If you are injured while working for an employer without workers’ compensation insurance, there may be no pool of injury-related insurance for you to draw compensation from.
- You may need to file some form of lawsuit to obtain compensation from your injuries, and your employer may be the primary defendant in any such lawsuit.
- Your lawyer may not have liability protections that would be afforded to them if they had workers’ compensation insurance.
An attorney may inform you of your rights as an employee who was injured and does not have any access to coverage under workers’ compensation insurance. You may also be justified in bringing a personal injury or wrongful death lawsuit if you believe that a third party other than your employer is responsible for your injuries.
Those who are not employees, and who are injured in a construction setting, may also bring a lawsuit if they were injured in a construction accident. You may do so if:
- You believe that foreseeable danger caused you or a loved one to become injured on a construction site.
- A product proved to be defective or otherwise unsafe and caused an injury to yourself or your loved one.
- Actions or failures to act in a protective manner resulted in an injury or death to yourself or a loved one.
You may benefit from speaking with a lawyer or their team if you believe that negligence may have contributed to a construction accident.
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A Construction Accident Lawyer Can Help with Your Claim or Lawsuit
A construction site accident lawyer may be able to assist you whether the nature of your injury warrants a lawsuit or workers’ compensation claim. Some of the ways that a lawyer could serve you include:
- Assessing the facts of your injury to determine whether a workers’ compensation claim or lawsuit may be the most advisable route for you or your loved one.
- Helping you file a workers’ compensation claim.
- Filing a lawsuit on your behalf.
- Collecting evidence to document or prove the nature of your injury.
- Representing you in any meetings, hearings, or court procedures that may be necessary to complete your claim or lawsuit.
- Determining the amount of compensation that you should be entitled to.
- Defending your rights.
If you bring a lawsuit, then you could be entitled to an array of compensation types based on the losses that you have sustained. Some of the losses that may be covered by an award include:
- Lost income.
- Medical costs associated with your construction accident.
- Pain and suffering resulting from your accident.
- The effect of any long-lasting injury symptoms, including permanent disability.
- The cost of physical and psychological rehabilitation for your injuries.
- Any other losses that you or your loved one have experienced because of a construction accident.
A lawyer may help you seek such compensation if you were harmed because of a construction accident.
Contact the Office of a Construction Accident Attorney for a Free Consultation
The team at Loncar Lyon Jenkins understands the dangers associated with construction, and that various parties may be liable when avoidable dangers result in a construction accident. Call in the Strong Arm by calling today at 877-239-4878 for a free consultation.