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  • Writer's pictureRobert Schuerger

How to File a Lawsuit for Construction Accident in Texas  

When it comes to the construction industry, where buildings reach for the sky and bridges span vast rivers, there's an inherent risk that accompanies every hammer swing and crane lift.


Construction accidents can leave workers grappling with devastating injuries and families torn apart by tragedy. 


Such incidents include a range of mishaps, from falls and equipment malfunctions to electrical incidents and structural collapses. 


However, construction workers can regain some control over their lives by recovering financial compensation through legal options. 


A construction accident lawyer can help victims file a worker's compensation or personal injury lawsuit against the at-fault parties within Texas' statute of limitations. 


Option 1: Filing a Workers' Compensation Claim 

Option 1: Filing a Workers' Compensation Claim 


From debilitating injuries to mounting medical bills and lost wages, the aftermath of a construction site accident is not just physical but financial and emotional as well. 


In such trying times, filing a workers' compensation claim can provide a lifeline of support for injured workers and their families.


Workers' compensation provides financial assistance and medical benefits to employees who sustain work-related injuries or illnesses. 


In Texas, as in many other states, employers must carry workers' compensation insurance to ensure injured workers receive the care and compensation they need without having to resort to costly legal battles.


The process begins by notifying the employer of the injury (within 30 days) and seeking medical attention. 

It's crucial to document the incident and the serious injuries thoroughly, as this information will form the basis of the construction accident claim.


However, victims cannot file a construction site accident claim if their employers don't carry worker's compensation coverage. In this case, the employee will have to file a separate lawsuit.


While workers' compensation provides crucial support for injured workers, it's essential to understand its limitations. 


In many cases, workers' compensation benefits may fall short of fully compensating injured workers for the long-term impact of their injuries. 


On top of that, this option bars injured workers from suing their construction site employer for damages, except in cases of gross negligence.


Option 2: Filing a Personal Injury Lawsuit 


In cases where construction site accidents result from the negligence of parties other than the employer, such as equipment manufacturers, subcontractors, or property owners, filing a personal injury lawsuit may be the next step. 


Unlike workers' compensation claims, personal injury lawsuits allow injured parties to seek compensation for a broader range of damages. This can include pain and suffering, emotional distress, and punitive damages.


Filing a personal injury claim involves gathering evidence to establish liability and prove the extent of the damages. 


This may include witness statements, expert testimony, medical records, and documentation of financial losses. 


Victims must work with an experienced construction accident attorney who can navigate the complexities of personal injury law and advocate effectively on their behalf. They're also able to help with how to file a lawsuit for oil rig accident in Texas.


Who Is Liable for a Construction Site Accident? 


Despite strict rules and safety protocols, construction site accidents are still a reality. When this happens, one burning question echoes through the chaos: who is responsible?


Manufacturers

From malfunctioning power tools to flawed scaffolding, products that fail to meet safety standards can pose serious risks to workers and bystanders alike. 


In such cases, injured parties may pursue legal action against the manufacturer to seek compensation for their injuries and losses.


Employers

Authorities play a big role in ensuring the safety and well-being of their workers at a construction site. 

However, when they fail to fulfill this duty of care and negligence leads to a construction site accident, injured workers may hold them at fault for the resulting damages and injuries.  


Workers 

While employees may not typically be liable for construction site accidents, there are instances where their actions or negligence contributed to casualties. 


In this event, if a Texas construction site worker fails to follow safety protocols or engages in reckless behavior, they may be partially responsible for the construction accident. 


As a result, the court may decrease the worker's comp benefits or personal injury compensation based on their level of fault. 


Third Parties 

Alongside manufacturers, employers, and workers, third parties like subcontractors and property owners may be liable for a construction site accident. 


In this case, if a subcontractor fails to properly secure a site or a property owner doesn't address hazardous conditions, the court may find them responsible for the victim's injuries. For more information, a construction injury attorney in Houston may be able to help.


Common Damages Plaintiffs Can Recover from Construction Accidents in Houston, TX 

Common Damages Plaintiffs Can Recover from Construction Accidents in Houston, TX 


In Houston, where construction is a vital part of the city's growth, accidents are all too common. Fortunately, there is a silver lining. Texas construction site accident victims can recover reimbursement for their various losses. 


Lost Wages

One of the most immediate concerns for many workers is the loss of income due to missed work. Their injuries may prevent them from performing their job duties, thus putting financial strain on the victim. 


Fair compensation in Texas construction accident cases can alleviate some of the monetary stress and allow victims to recover without worrying about financial instability.


Medical Expenses 

Texas construction site accidents often result in serious injuries that need ongoing medical treatment. The costs can quickly add up, placing a heavy burden on victims and their families. 


Compensation can help injured workers pay off hospital bills, medical fees, physical therapy costs, and more. 


Wrongful Death Benefits 

Tragically, some construction accident cases result in fatalities, leaving behind grieving loved ones. In such cases. surviving family members may be entitled to wrongful death benefits. 


Spouses, children, and parents can directly file a construction accident claim against the at-fault party and their insurance company. 


However, in cases where the deceased left behind no direct relative, their estate's representative can file a construction accident lawsuit. 


Uncles, aunts, cousins, and grandparents cannot claim wrongful death benefits on behalf of the deceased. 


Final Words 


Filing a construction accident lawsuit in Texas is a tricky task, but victims don't have to be alone in this legal battle.


Stating, "We Go to War for You," the lawyers from Schuerger Shunnarah Trial Attorneys provide compassionate support to injured workers and their families. 


While the toll of a construction accident cannot be measured in dollars and cents, expert lawyers can help victims hold responsible parties accountable and bring a sense of closure. 

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