So, let’s add some additional context:

• • A construction worker sustains head trauma in a fall to a concrete surface after kicking out an unsecured roofing panel without fall protection.
  • An employee suffers heat exhaustion and falls 12 feet, sustaining blunt force trauma injuries.
  • A worker falls from a scaffold to the ground and suffers a spiral fracture. There was no railing or personal fall protection system in place.

• A construction worker falls from an eight-foot ladder onto a concrete foundation, sustaining a fatal skull injury. The ladder’s locking arms were slightly folded and not securely locked.

• An employee falls from an extension ladder and suffers lacerations and a back injury. Emergency services were not called until 40 minutes after the fall. He dies three days later in the hospital.

The nuances here are vital. At first glance, these details may seem to yield more questions than answers:

• Why didn’t the construction worker have fall protection?
• Why was an ill employee working from height?
• Why was the ladder’s locking mechanism not secure?
• Why weren’t emergency services called immediately after the fall?

But it is only by asking these questions that we can begin to consider who might be liable.

The reality is that multiple parties can be at fault for a construction worker’s injury or death.

• An employer or contractor may be accountable if they fail to provide adequate fall protection to workers.
• An employer may be at fault if they fail to monitor workers and immediately stop them if they are exhibiting signs of illness, such as heatstroke, or if they fail to provide adequate protection in extreme conditions.
• A worker may be liable for their own injuries if they fail to check that the equipment is secure.
• An equipment manufacturer can be liable if equipment fails to lock due to a flaw or defect.
• An employer can be liable if they fail to provide sufficient training on safety protocols or the use of equipment.
• A contractor, employer, or supervisor can be liable when they fail to follow safety protocols (such as immediately calling an ambulance) for an injured individual, and their injuries are made worse as a result.

These real situations highlight the complexity of construction accident liability. A McAllen construction injury lawyer will evaluate various factors to determine who might be responsible, such as:

• Where the accident occurred
• The construction site conditions at the time of the accident
• Any equipment involved and whether it was used correctly
• Whether there was a supervising or managing party at the site
• Who the employer is
• If the injured party was a subcontractor.

Below, we explore the various third parties commonly responsible for construction site accidents.

Construction Site Owners

Construction site owners are sometimes charged with potential liability for injuries because they’re responsible for controlling or monitoring the premises where the construction workers are completing tasks.

Contractors and Subcontractors

If a property owner or design team hires a general contractor for a project, the contractor is likely the third party legally obligated to warn workers of existing or potential construction site hazards. The general contractor might also bring on a sub-contractor, adding another third party with possible liability.

A general contractor and subcontractor can be liable if the general contractor hired an unqualified or incompetent subcontractor or if the general contractor gave improper instructions that led to the construction accident. If the general contractor fails to inquire about the subcontractor’s background or knows about safety violations that lead to a worker’s injuries, the general contractor might bear responsibility for damages.

Engineers and Architects

Engineers and architects can also be potentially liable because they are the parties responsible for designing the project and ensuring that workers can avoid construction accidents with functional, non-defective design plans.

Equipment Manufacturers

Manufacturers and suppliers of equipment, material, or machinery used at the construction site might share or hold all liability for injuries that result from defective or malfunctioning parts. The construction worker must demonstrate that the manufacturer designed the product dangerously, produced the product with a dangerous defect, or sold the product without providing adequate instructions or warnings about the product.

Our construction injury lawyers can help you determine any potential third-party liability to recover adequate compensation for your incurred damages. If you can prove third-party liability, you might receive a monetary award for your pain and suffering in addition to workers’ compensation payouts.

McAllen Construction Accident Compensation:
Can You Sue Over a Construction Accident?

Our McAllen construction accident lawyers can help you receive compensation after your accident. In Texas, you may be able to claim one of two types of compensation:

Workers’ Compensation

Elsewhere across the U.S.,a construction accident would be covered under workers’ compensation, as this type of insurance is mandatory. Workers’ compensation covers the medical treatment you need for your construction site injury and a portion of your lost wages, and you do not need to prove any particular party is responsible for your injury — only that it happened while you were at work.

However, Texas law does not require private employers to have workers’ compensation coverage, so your first step after an accident is to find out whether your employer has it. If they do, you must notify them of your injury and they will file a workers’ compensation claim directly. The Texas Workforce Commission states, “Injured workers must file the injury report within 30 days of the injury, must appeal the first impairment rating within 90 days of its issuance, and must file the formal paperwork for the workers’ compensation claim within one year of the injury.”

If your employer does not have this insurance, you can sue them for damages.

Claim Compensation Against Your Employer

If your employer doesn’t carry workers’ compensation insurance, you may be able to file a lawsuit. Unlike with a workers’ comp claim, it is not enough that your accident happened at work — you must also prove that they owed you a duty of care, breached this duty of care, and that this breach caused your injury.

A breach could range from providing you with defective equipment to not training you appropriately or failing to protect you from exposure to hazards.

However, with this additional burden of proof comes a potentially more substantial award. If you successfully file a compensation claim against your employer, you will be entitled to economic damages, such as the costs of medical treatment and lost wages, as well as non-economic damages. Non-economic damages include compensation for loss of enjoyment, pain and suffering, and loss of companionship if you file a wrongful death claim.

Your claim will also account for your age. For example, if you’re younger and injured at work, and your injuries are severe, long-term, or even life-changing, you could receive a higher award, as you will have to manage your medical condition for the rest of your life.

To illustrate this additional burden, let’s take a look at a real case:

• A construction worker falls from an eight-foot ladder onto a concrete foundation, sustaining a fatal skull injury. The ladder’s locking arms were slightly folded and not securely locked.

In its investigation, OSHA determined that the employer, Arndt Construction Llc, violated the Safety and Health Regulations for Construction by failing to provide a training program for each employee using ladders and stairways, which would enable them to recognize hazards related to ladders and stairways and understand the procedures to be followed to minimize these hazards. OSHA further found that “on or about January 26, 2023, and at times prior to, employees were permitted to use ladders without training, exposing them to fall hazards”. The accident in question occurred the month before, on December 26, 2022.

Assuming the employer did not have workers’ compensation insurance, the victim’s family would be entitled to file a wrongful death claim. A McAllen construction accident lawyer would investigate the accident and secure the inspection report created by OSHA, which states the violation. This would prove vital evidence of the employer’s liability. 

File a Third-Party Liability Lawsuit

If a third party is liable for your accident, you may be able to claim compensation. You can do this even if your employer has workers’ compensation. For example, if you are injured at work while using a defective tool, you can file a workers’ compensation claim with your employer to cover your medical bills and lost wages while you were unable to work. You can then hold the manufacturer of the defective tool liable for your injury, as it would not have happened if the tool functioned as intended. This means you could receive non-economic damages, such as for ongoing pain and suffering after your injury.

As with a personal injury claim against your employer, you have an additional burden of proof when filing a third-party lawsuit. You need to show:

1. The third party owed you a duty of care
2. The third party breached that duty of care
3. That breach of duty caused your injury

If you can prove the above elements, you can potentially receive compensation for the pain and suffering resulting from your injury. To demonstrate the extent of your pain and suffering, you must be specific about your injuries. Ensure you have medical records and bills to support your injuries’ severity and show your conditions before and after the construction accident.

In a lawsuit for damages, a court may consider your age, the severity of your injuries, and other economic harms. If you’re younger, a court might determine that you should be entitled to more compensation since you will likely have to manage your pain and suffering for longer.

If the injury is severe, it may have a more significant impact on your ability to work and earn a living. If you can’t work for a lengthy time, the court might rule to compensate you more to make up for your more significant monetary losses.

How to File a Injury Claim in McAllen, Texas: ​​What a Construction Accident Lawyer Can Do for You

To obtain a fair settlement amount, you must prove that the party you’re suing was negligent or reckless and that it led to your injury. Your first step should always be to contact a construction injury lawyer in McAllen.

During your free consultation, your attorney will gather details on what happened, how it happened, the injuries you’ve sustained, and the losses you’ve incurred. If you have a case for compensation, your construction site accident lawyer will investigate your accident further and gather evidence to prove negligence. This evidence can include witness testimonies, your medical records and bills, the OSHA violation investigative report, citation records, the accident site examination report, and details of any equipment used.

Construction accident lawyer Dr. Louis Patino has dedicated investigators who will gather evidence for your claim and a network of experts such as:

• Accident reconstructionists, who can replicate the conditions of your accident to illustrate how it happened and who might be responsible.
• Medical professionals, who can assess you, provide the best treatment, and provide evidence on your injury severity, future treatment and rehabilitation needed, and your likelihood of making a full recovery.
• Economic experts, who can calculate how much money your physical and emotional pain are worth, and your lost income potential if you cannot return to work or perform your duties for a significant time (adjusted for inflation).

Negotiations are a necessary part of the claims process. Your construction injury attorney will communicate with the liable party on your behalf and work to negotiate a settlement that fairly compensates you for injuries. This is the preferred outcome for many, as it is typically faster. It also allows for privacy — claims can be settled behind closed doors and without speculation, commentary, and potential backlash from the public or other parties. When you choose our McAllen construction site accident lawyer, you can have faith that we will fight to secure maximum compensation and will never encourage you to settle quickly for less than you deserve.

Most construction accident claims are resolved out of court, but you may decide to file a lawsuit, such as if the liable party refuses to offer a fair settlement. A lawsuit is a formal legal action that kickstarts the process of going to trial. During this process, your attorney will build a compelling case that proves liability, demonstrates the extent of your injuries, and argues how much compensation you should be awarded.

Your construction site accident lawyer will also make sure all paperwork is filed within the required deadlines. Typically, the statute of limitations to bring a construction accident claim is two years from the date the incident and injury occurred. If the injury or illness does not appear immediately after the accident, the deadline will begin to toll on the date that the employee knew or should have known that the injury was work-related.

Do You Need a Lawyer for Your Construction Accident?

You may wonder whether you need a construction accident lawyer when you are hurt at work. The answer is no — you are not required to hire an attorney whether you wish to negotiate a settlement or pursue a lawsuit.

However, that does not mean you shouldn’t. Construction site accident claims are complex, as we’ve demonstrated when exploring all the different parties that can potentially be liable. While you can go it alone, you may miss opportunities to investigate whether a particular party might be responsible for your injuries — and, therefore, close yourself off from a potential source of compensation. You may also underestimate your losses or fail to include specific types of damages you do not even realize you are entitled to.

On top of this, you will likely still be in physical pain and emotionally vulnerable, which other parties will take advantage of. If you are suing your employer, for example, you can be assured that they have an experienced attorney on their side who will do everything possible to minimize your accident, regardless of how loyal you have been to your boss or how long you have been at the company. They may even pressurize you to accept a low settlement or use scare tactics to convince you that you do not stand a chance.

You have nothing to lose by at least consulting a McAllen construction injury lawyer and finding out where you stand. We offer a free, no-obligation case review so you can learn about your legal options. We also work on a contingency basis, which means we do not charge upfront, and you will only pay when you win your case. If we do not secure a settlement or win your construction accident case at trial, you do not pay legal fees — it’s as simple as that.

Texas laws regarding construction accidents can be confusing and complicated. Our McAllen personal injury lawyers have extensive knowledge and experience making claims on behalf of construction workers and can help get you the compensation you’re entitled to. Call the Law Ninja at Patino Law Firm by calling 855-LAW-NINJA or filling in our contact form to see if you can make a claim for your construction injury.