Construction accidents can happen to anyone working at a specific site or facility, whether building, repairing, improving, demolishing, cleaning, or doing general construction work. If you’ve been injured in a construction site accident, our McAllen construction injury lawyers can review your case and determine if you have a viable compensation claim.
Construction employees often work at height, with machinery, and alongside potential hazards, making it a particularly dangerous environment. While many hazards can lead to a construction accident, some of the most common include:
According to the Occupational Safety and Health Administration (OSHA), falls from elevation continue to be a leading cause of death for construction employees, accounting for 401 of the 1,061 construction fatalities recorded in 2019.
In 2019, OSHA investigated a deadly accident at a construction site when a worker fell from a forklift. The incident occurred in Las Palomas, a mixed-income development at 1900 Dove Avenue in McAllen, Texas. A subcontractor hired a crew, including the construction worker, to provide construction-related services — a commonplace occurrence in the construction industry.
This incident is one example of a serious construction accident that raises the question of who’s potentially liable for the worker’s death.
A construction worker injured while working on a construction site can potentially hold multiple parties liable for their injury or death.
Often, the family of a worker who dies on the job can file a wrongful death lawsuit. A construction accident lawyer will evaluate several different factors to determine who’s liable in any potential lawsuit involving injuries or death resulting from an accident.
These factors can include:
In some cases, a third party may be liable for a construction accident. Third-party liability refers to a party who is not the worker or employer responsible for construction accident injuries resulting from negligence or recklessness. Third-party liability typically does not extend to a coworker.
Instead, the most common third parties that lawyers can find liable for injuries sustained in a construction accident include the construction site owners, contractors and subcontractors, engineers and architects, and equipment manufacturers.
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.
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 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.
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.
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:
In most states, a construction accident would be covered under workers’ compensation, as this type of insurance is mandatory across the majority of the U.S. However, Texas law does not require private employers to have workers’ compensation coverage, which can make this type of claim more challenging. If your employer has workers’ compensation insurance, the company policy will likely cover your injury, but you must prove that the injury happened while actively providing work services for your employer.
Workers’ compensation can provide you with payments for medical expenses incurred to treat the injury, lost income or wages for time off work for treatment and recovery, or death benefits for your family.
If your employer failed to carry workers’ compensation, you can sue your employer directly for damages.
If your employer doesn’t carry workers’ compensation insurance, you may be able to sue your employer. 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.
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:
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 a longer period. Additionally, your injury might affect your ability to work, attributing to lost income for an extended time.
If the injury is severe, it may make 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.
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. A construction accident attorney can help complete an investigation to gather all the evidence you might need to prove negligence. This 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.
Typically, the statute of limitations to bring a construction accident claim is two years from the date the incident and injury occurred. For workers’ compensation claims, 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 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.
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.
For a free case evaluation with one of our compassionate McAllen wrongful death lawyers, call us today at 855-LAW-NINJA or send us a confidential message through our contact page.
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