Austin Construction Accident Lawyer

Construction site accidents present some special legal challenges due to the complex nature of construction sites and the regulations employers must abide by to protect employees. Below are a few additional issues that may impact your case.

How Do Workers’ Compensation Laws Impact My Construction Accident Case?

In a construction accident, the cause of the accident and your relationship to the at-fault party may determine your course of action. If you were injured on the job and your employer subscribes to workers’ compensation insurance, you will face legal obstacles if you want to file a personal injury lawsuit. However, if your injury is caused by someone who is not your direct employer, such as a subcontractor or equipment manufacturer, you are less likely to face those barriers.

Texas does not require employers to provide workers’ compensation insurance, which can cause confusion for workers injured on the job. While employers are legally required to post notices informing their workers of their workers’ compensation status, that does not mean that you’ve been properly informed of whether you have coverage or what steps to take when you have been injured. Subcontractors, who are used often in the construction industry, often have an even harder time navigating this process. Even if an employer has workers’ compensation, they may not have a policy that covers subcontractors.

When your employer does not have workers’ compensation, there is no automatic barrier to filing a lawsuit to recover damages when you’re injured on the job. Speaking with a construction accident attorney is the best way to begin to understand how your employer’s workers’ comp coverage status affects your recovery.

Who Is Liable for Construction Site Accidents?

Determining who is liable for your accident may be especially complex. On the construction site, employers have one set of legal responsibilities, as do employees, third-party vendors, and property managers. Your relationship to these parties — and their relationship to one another — will affect your case and the legal strategy your construction site attorney creates.

For instance, if you are a private citizen hit by construction equipment, you will have a different set of rights and different options than someone working on the job site. Additionally, if your lawyer finds evidence that your accident was caused by a negligent employer, it may affect how he or she decides to move forward with your case. The bottom line is that it is in your best interest to at least consult an attorney to help you understand these details and who can be held legally liable for your accident.

Does OSHA Require Accident Investigation?

OSHA protects many employees’ right to a safe work environment, so your case may require an understanding of OSHA guidelines and other safety regulations. The Occupational Safety and Health Act provides a set of rules that construction employers must follow in order to protect the health and safety of their workers. Additionally, construction companies and property managers often have their own set of safety guidelines that are specific to the type of work that is being performed on the job site.

Guidelines like these — from OSHA or otherwise — can often be used as the legal foundation for your case. However, understanding these rules, particularly OSHA regulations can be difficult. Additionally, it may be necessary to obtain documentation of employer guidelines, which employers may be hesitant to provide. A skilled lawyer can help you with both of these tasks.

What Do You Do After a Construction Site Accident?

It’s important to begin documenting your case right away. Taking the proper steps after your accident helps you protect your legal rights and ensure that your actions (or lack of action) will not undermine your case.

First, you should always seek medical attention as soon as possible, both for the sake of your health and so that you can document injuries and build a stronger case for compensation.

Second, it’s important to report the accident to the construction site manager. He or she is responsible for creating a report that will document the details of your accident, which may be used as evidence in your case. Austin employers are legally prohibited from retaliating against employees who document accidents or pursue legal action, so you should be as transparent as possible when reporting your injury.